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Case: Ellen is the paralegal and office manager for Stephen Bristol, a sole proprietor. She was preparing a motion for client Fisher that had to be filed with the court that afternoon. A $250 filing fee had to accompany the motion. She prepared a check for the filing fee out of the office operating account and presented it to Mr. Bristol for signature. Mr. Bristol refused to sign the check, stating that payroll was due on Friday and that he was concerned there would not be enough money in the account to cover employee taxes. He instructed Ellen to take the money out of the trust account.
Ellen had checked the ledger card for client Fisher and informed Mr. Bristol that there was only $17 in Ms. Fisher's account. Mr. Bristol told Ellen that there was plenty of money in that account from other clients. He told Ellen to bill Ms. Fisher for the additional $233 and they could replace the money when she paid it.
a. Are Mr. Bristol's instructions ethical?
b. What should Ellen do?
c. What are some alternatives to the problem?
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