Page 1 of 2THE EL CENTRO LAW FIRM, PLLC ATTORNEYS AT LAW MEMORANDUM TO :Professor Madden FROM : Waleed Mohamed DATE : 09/18/2022 RE :CH3_M ______________________________________________________________________________ 1.A paralegal must not perform any of the duties that attorneys only may perform. A paralegal must protect the confidences of a client. A paralegal must not contribute to any unauthorized practice of law. A paralegal must use professional judgment commensurate with knowledge and experience but must not render independent legal judgment in place of an attorney A paralegal must disclose his or her status as a paralegal at the outset of any professional relationship. 2.Definition of informed consent: Agreement is given after a full explanation of risks, responsibilities, potential liabilities,and possible alternatives covers mostly the information that affects the representation of a client, including the fact of the representation. 3.ABA Model Rule 1.7:Is emphases on thelawyer'srestriction when representation for a client involve a conflict of interest between thelawyer'sand client or third person. The duty to avoid conflicts of interest: oLawyer requires to identify the client or clients. oDetermine whether a conflict of interest exists. oDecide whether the representation may be undertaken despite the existence of a conflict. oA conflict of interest may exist before representation is undertaken, in which event the representation must be declined, unless the lawyer obtains the informed consent of each client. oIf a conflict arises after representation has been undertaken, the lawyer ordinarily must withdraw from the representation, unless the lawyer has obtained the informed consent of the client 4.Legal professional's duty regarding communicating with an adverse party: oAttorneys may not use paralegals to solicit clients for them or compensate paralegals for referring business to them oHunting for prospective clients and direct one-on-one solicitation is prohibited. oAttorneys and paralegals not to solicit employment ofrom a prospective client with whom there is no family, personal, or prior professional relationship when a significant motive for doing so is financial gain
Page 2 of 25.Permissible activities of paralegals: •Meeting and communicating with clients. •Representing clients at administrative hearings. •Assisting at trial and sitting at counsel's table. •Teaching. •Relaying an attorney's legal advice to a client. Prohibited activities of paralegals: •Giving legal advice. •Signing legal documents. •Agreeing to represent a client. •Negotiating settlements •Conducting depositions.
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