Reference no: EM133381154

1. Wendell Wilson is a paralegal with a small law firm, Xavier and Young, that handles family law matters and criminal defense work. The firm just took on a new case involving the divorce of a wealthy couple, the Applebys. The firm is representing the wife, Anna Appleby. Wendell is asked to write aagreement with the client concerning the representation with the following provisions:

a. The firm agrees to represent the client only concerning the divorce matter.

b. The client agrees to pay the firm an amount equal to 25 percent of the annual spousal support that the firm gets for the client.

c. The client agrees to hold the firm harmless for any errors its paralegals make in the handling of the matter.

Are these provisions ethical? Why or why not?

2. During the divorce proceedings, Ms. Appleby becomes increasingly distraught about her husband's conduct. One day, in a rage, she attacks him with a fireplace poker. He is not badly injured, but the police are called, and Ms. Appleby is charged with assault and battery. The firm agrees to represent her in this matter, too, but wants a separate agreement under which the firm will be paid hourly rates ranging from $85 an hour for paralegals to $500 for the trial lawyer involved, and a $10,000 bonus if the firm can get the charges dismissed. The client agrees to this fee arrangement during a conference with the lawyers and paralegals but the agreement is not put in writing. Are there any ethical problems with this agreement? What are they? Can they be remedied? If so, how?

3. Larry Langsford is a paralegal working for a sole practitioner, Martha Monroe. Larry handles all the bookkeeping for the office in addition to all the paralegal work in a variety of practice areas. One day Martha comes in very distraught and asks Larry for all the firm's checkbooks. She leaves and does not come back the rest of the day. The next day, Larry notices that a check from the client trust account is missing. What should he do? The following day, a big settlement check comes in. Martha instructs Larry to deposit the check in her operating account, to pay all the office bills, and to pay the client his share of the recovery. What should Larry do? Later, Larry is filing some documents in files in Martha's office and discovers several checks in the bottom of a file cabinet. These undeposited checks appear to be from clients and insurance companies. What should Larry do?