Mike Wilson, Esq.
Brian Bastyr, Esq.
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About the Author
Mike Wilson is a freelance writer and college instructor who has
had wide legal and educational experience. He graduated with his
Bachelor of Arts degree in English from the University of Kentucky
in 1976, and three years later received his law degree from the same
He has been a partner in a law firm, a solo practitioner, and ...view middle of the document...
Carl recently completed his training to be a paralegal and
has taken a job with the law firm of Dewey, Dewey, and
Howe. We’ll observe Carl during his first week at work to
see how well he learned the rules about legal ethics.
At the end of the narrative for each day, you’ll be asked for
You should describe all possible ethical violations that
occurred on that day, citing
(1) ABA Model Rules that apply and
(2) NFPA Ethical Considerations that apply
It is not necessary to write out the rule and ethical consideration.
Just provide the applicable number and section which
identifies the Rule(s) or Ethical Consideration(s).
At the end of this booklet, you’ll be asked to provide your
comments for each day. Write or type your answers. When
you’ve completed all sections of the project, send in your
answers to the school for grading. Please send in hard copy—
do not send your answers on disk.
Refer back to your Ethics and Professional Responsibility
study unit to help you respond to the scenarios.
Carl arrives at Dewey, Dewey, and Howe. He is told he will be
working with Attorney Howe. Carl meets with Attorney Howe,
and they discuss a number of matters, including the flat fees
Howe charges for uncontested divorces, simple wills, and
deed preparation. Howe gives Carl an interview sheet to use
for taking initial information in a divorce case and explains
that Carl may use Attorney Howe’s office when he needs to
meet with a client. Then Howe tells Carl that he’s going to
get a cup of coffee and will be back in a little while.
2 Thinking Critically About Ethics
Carl is sitting in Attorney Howe’s office looking over the
divorce interview sheet. Carl notices stacks of papers,
correspondence, and documents spread out across Attorney
Howe’s desk. Wow, Carl thinks, he’s really busy. There
should be plenty of work for me.
Carl overhears activity in the reception area. Curious, he
gets up and walks to the door. A woman and man are
standing in front of the receptionist’s desk.
“Is an attorney available? I need an uncontested divorce,”
the woman says. Before the receptionist can answer, Carl
announces, “I can see you! Come on in!”
Carl motions the man and woman into Attorney Howe’s
“My name is Carl Jackson,” says Carl. He shakes hands with
“I’m Jane Smith and this is my boyfriend, Zeke,” says Jane.
“Please sit down,” says Carl. He takes a seat behind Attorney
Carl begins taking information from Jane. Jane says that she
and her husband have agreed on all of the terms of the
“What do you do for a living, Jane?” Carl asks.
“Well, I’m unemployed,” says Jane.
“How do you live?” asks Carl.
“Well, I get disability and I have a little business on the side,
but the government doesn’t know about it. It’s all cash
and I don’t pay taxes on it, so I keep on getting my disability
“What does your husband do for a living?” Carl asks.
“Oh, he’s an executive...