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PLG207

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Jan 9, 2024

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Week 7 Chapters 15 & 16 assignments Amber N Freeman ANU Introduction To Paralegal Studies: PLG102 Melissa Henderson 12/16/2023
Chapter 15 Assignment Does preparing a report for a client that shows the history of the ownership of a property, as shown in public records, and claims against the property, as shown in public records, constitute the practice of law? I believe that preparing any reports on the history of ownership constitutes the unauthorized practice of law if the paralegal is preparing them unsupervised and without understanding what they are doing. In your jurisdiction, is priority given to real estate based upon the time of filing of deeds? Is the failure to promptly file a deed considered malpractice? All deeds/ mortgages must be filed to be fully effective by the purchaser. If there is a failure to file a deed in a timely manner it would be known as malpractice. As an experienced paralegal, you have investigated many complex cases and developed a reputation for discovering little-known facts and obtaining information not normally obtained by investigators. A law firm proposes to have its client hire you to conduct the investigation of a complex and troublesome environmental case involving a major corporation that appears to be hiding information. See Ethics Opinion 510, Texas Professional Ethics Committee Opinions. Can you accept the case and have your compensation based on a contingent fee paid directly by the client from his or her award, if any? By the firm? Can you accept a “substantial” bonus from the law firm? According to ethics opinion 510, a payment may be made from the client to the attorney. The investigator may not receive any part of the payment under the contract. Chapter 16 assignment As a paralegal, what duty of honesty do you owe regarding the handling of funds held in trust by the law firm for which you work in probate, estate, and trust administration matters?
As a paralegal, you should be able to ensure that your firm is able to trust you in matters when it comes to funds. However, according to rule 1.15 safekeeping property. The property of clients is to be kept by the lawyers. What duty does a paralegal owe if he knows that a will, he has been assigned to draft for a client of his supervising attorney has been obtained through undue influence? What if the supervising attorney has knowledge of the situation? Paralegals must not perform any duties that only lawyers may perform. If there is supervision, I believe that there could be exceptions because they aren't doing the work alone and mistakes can be corrected. A client of the law firm for which you work dies intestate. No immediate relatives can be located. Your supervising attorney assigns you the task of locating persons who could take over the state’s intestate statute. How hard must you look for distant rela tives? You may have to look through social media or there's a chance you may be able to locate any relatives using ancestory.com or something similar.
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