Ethics

Be sure to explain your answers and back yourself up with either references to the textbook reading or outside sources, preferably primary sources of law, such as the Virginia State Bar Rules of Professional Conduct or the ABA Model Rules of Professional Conduct, or other source  AS APPROPRIATE (properly cited, of course).

  1. Who should sign a letter addressed to a client that contains legal advice, and why?
  2. Why is it a bad idea to give legal advice to your friends?  What can you do when they ask you for legal advice?
  3. What are the three (3) elements and two (2) viewpoints of the unauthorized practice of law (UPL)?
  4.  Where is the law regarding UPL in Virginia located?
  5. Name and describe two (2) examples of a lawyer assisting a paralegal in the unauthorized practice of law, and explain how you would go about refusing the arrangement or task.
  6. Give three (3) examples of how paralegals might misrepresent their status to the public or a client, and explain how to correct the misrepresentations.
  7. If a paralegal in Virginia is caught practicing law, what is the penalty?  Describe your answer for both a civil and criminal court case matter.
  8.  If you are not an attorney, who do you have to be to represent someone else in administrative hearing before two (2) of the following federal agencies?
  • Small Business Administration (13 C.F.R. 121.11, 134.16)
  • National Credit Union Administration (12 C.F.R. 747)
  • Federal Energy Regulatory Commission (18 C.F.R. 385.2101)
  • Drug Enforcement Administration (21 C.F.R. 1316.50)
  • Aid to Families with Dependent Children (45 C.F.R. 205)
  • Food and Drug Administration (32 C.F.R. 12.40, 12.45)
  • Comptroller of the Currency (12 C.F.R. 19.3)
  • Department of Homeland Security (8 C.F.R. 292.1-3)
  • Environmental Protection Agency (40 C.F.R. 124, 164.30, 22.10)

references cited must include URL