Identify and explain the two categories of exceptions to the general prohibition under the Paralegal Rules of Conduct requiring that a paralegal shall not borrow from a client?
Authority: Text pp. 166-67
Sample Solution
Describe the limitations imposed by the Law Society on a paralegal disclosing the confidential information of their client without their client’s authority.
Authority: Text p. 138
Sample Solution
What are the two types of authorization that a client could provide for a paralegal to disclose their confidential information on their legal matter? In your answer provide an example of how a paralegal would recognize each of these types of client authorization.
Authority: Text pp. 137-38; Paralegal Rules of Conduct Rule 3.03(1)(a), Paralegal Professional Conduct Guidelines Guideline 8
Sample Solution
Kevin is a licensed paralegal with a busy and successful paralegal practice specializing in small claims court litigation. One of Kevin’s commercial clients has not paid their legal fees for a three-day trial that he successfully argued for them. If Kevin would like to use a collection agency for his client’s outstanding account, which of the following statements regarding his professional obligations with regard to his client’s confidential information is FALSE?
(a) Kevin is required to disclose his entire client file to the collection agency to facilitate the debt collection
(b) Kevin should limit the confidential information provided to the collection agency to that which is necessary to collect the fees
(c) Information contained in Kevin’s client file that is not necessary to enforcement should be deleted or blocked out
(d) Kevin may disclose confidential information to the collection agency to collect his fees
Authority: Text p. 142; Paralegal Rules of Conduct Rule 3.03(7)(9); Paralegal Professional Conduct Guidelines Guideline 16
Sample Solution
You are an associate working as a paralegal at a local law firm. Yesterday you met with a prospective client who wants to retain you to proceed on their behalf with an application to the Ontario Human Rights Tribunal alleging sexual harassment against their manager. They are a salesperson at a shoe store and their manager is constantly touching their hair and clothes telling the salesperson how beautiful they are. Today you input your prospective client’s information into your firm’s conflict checking system and identified that a partner at your firm previously represented the same manager of the same shoe store defending a different sexual harassment claim by a different employee. Based on the provided information, which of the following statements with regard to managing conflicts of interest is TRUE?
(a) There is no conflict of interest if you are retained on the new sexual harassment matter because the allegation is being made by a different employee who was not involved in the prior dispute
(b) There is no conflict of interest if you are retained on the new sexual harassment matter because you did not complete any legal work on the prior sexual harassment matter that was handled by your firm
(c) There are no circumstances that you would ever be permitted to be retained by the employee in the new sexual harassment claim because your firm previously defended their manager in a prior sexual harassment dispute
(d) You may be permitted to represent the employee in the new sexual harassment claim if their manager provides fully informed and voluntary consent after disclosure for you to act against him even though they are a former client in a related matte
Authority: Text pp. 156-57; Paralegal Rules of Conduct Rule 3.04(2),(4)(a)(b)
Sample Solution
You have a longstanding client who owns several apartment buildings located in the city where you are a partner at a respected paralegal firm. Because of the large number of tenants who live in these buildings, your client is frequently requires representation at the Landlord Tennant Board regarding tenant disputes. One day while you are chatting with another paralegal who is an associate at your firm, they advise you of a new client they recently met with who lives in a building you recognize is owned by your longstanding client. Based on the provided information, which of the following statements with regard to managing conflicts of interest is TRUE?
(a) There is no conflict of interest if your associate only provides legal services to the tenant and not the owner of the buildings
(b) There is no conflict of interest if you take over tenant’s matter and represent both the tenant and the owners of the buildings because you are a partner in the firm and not an associate
(c) There is a potential conflict of interest but you need more information on the nature of the tenant’s legal issue to determine if a conflict of interest exists
(d) There is a conflict of interest because there is a connection between the tenant and the owner of the building, regardless of the nature of the legal issue the tenant has retained your firm for
Authority: Text pp. 146, 148; Paralegal Rules of Conduct Rule 3.04; Paralegal Professional Conduct Guidelines Guideline 9
Sample Solution
You are a paralegal who owns a successful legal services firm that employs two paralegal associates, one law clerk, and one receptionist. You also routinely supervise a field placement student from the local college at your firm. Which of the following statements regarding the duty of confidentiality owed to the clients of your firm is TRUE?
(a) You, your employees and the field placement students you supervise owe a duty of confidentiality to all of the clients of your firm
(b) Your employees and field placement students owe a duty of confidentiality to the clients whose matters they complete work on, but not the clients whose matters they don’t work on
(c) You, and your employees owe a duty of confidentiality to the clients of your firm, but not the field placement students you supervise
(d) You and the field placement students you supervise owe a duty of confidentiality to the clients of your firm, but not your employees
Authority: Text pp. 132-33; Paralegal Rules of Conduct Rule 3.03; Paralegal Professional Conduct Guidelines Guideline 8
Sample Solution
Which of the following situations describes circumstances where the justified disclosure of a paralegal client’s confidential information without the client’s authorization is mandatory?
(a) If the paralegal believes on reasonable grounds that there is an imminent risk of death of serious bodily harm, and the disclosure is necessary to prevent the death or harm
(b) To establish or collect the paralegal’s fees
(c) When the paralegal is ordered by a court or tribunal of competent jurisdiction to disclose confidential information
(d) To defend against allegations that the paralegal or their employees have engaged in acts of professional misconduct or conduct unbecoming a paralegal
Authority: Text pp. 138-39; Paralegal Rules of Conduct Rule 3.03(4)-(10)
Sample Solution
American Presidency Summer 2022 Short Paper Assignment #2 Write a 4-5 page paper (suggested length) answering one of the following questions. Your response should make careful use of the relevant readings and provide an opening thesis statement indicating your main argument. Papers should be typed, double-spaced, with 12-point font and 1” margins. All sources must be cited (parenthetical citations and footnotes are both acceptable options, but please include page numbers in your citations). Grades will reflect the quality of your analysis, effective use of sources, and overall presentation and organization. Papers are due by the end of the day on August 12 (uploaded to Canvas). Questions (Pick One) 1. Compare Skowronek with either Neustadt or with the theory of the modern presidency outlined by Pika, Maltese & Rudalevige and also discussed by Grover (see his discussion of Rossiter). Can Skowronek’s idea of “political time” be usefully combined with either of these arguments, or does it necessarily challenge them? In answering this question, be sure to also indicate the key insights of each perspective. Please Note: In all cases, you should feel free to draw on specific examples from any of the readings to support your analysis. In other words, if you find it helpful to talk about Franklin Roosevelt, or Kennedy, or a specific policy detail from Pika et al. alongside your discussion of the ‘theories,’ then please do so. My previous writing looks like this, just so you know my level of writing. I was super busy and it is not good but you get the idea. The Imperial Presidency and The Presidential Power and Modern Presidency The Imperial Presidency and the Presidential power and modern Presidency are discussed in the two articles. The former is based on uncontrolled power of the president, while negotiation and persuasion are used by presidents in the latter to accomplish their goals. Presidents become imperial when the constitutional balance favors their power and undermines their accountability. Since WW2, the imperial presidency tends to be prompted by international crises, according to Schlesinger and shrinks during peace. He believes the imperial president is a threat to the constitution because “the rise of the imperial presidency ran against the original intent of the framers of the constitution” (p.47) Additionally, Schlesinger argues that modern presidents’ powers are uncontrolled, and that foreign policy is at the heart of the threat to the constitution because “in domestic policy, the legislative and judiciary branches of government don’t hesitate to challenge the President.” on the other hand, “when it comes to foreign affairs, they lack confidence and are likely to be intimidated by executive authority” (p.45) Moreover, despite the president’s unilateral power on national security and the fact that the president is empowered to act without Congress, Schlesinger undermines the power of the executive branch by stating, “the presidency was only given the power of receiving and appointing ambassadors, and by implication, of serving as the channel of communications to foreign states.” (p.48). Nevertheless, article two grants broad executive powers to the president which makes it easy for the executive branch to be the prime agent dealing with foreign affairs. Due to this, both modern and early presidents used it to expand their powers without congressional appropriation. In contrast, Though the constitution gives the president a great deal of power, for instance during national security, and, as Neustadt points out, the state creates the capacity for the president to act far more easily without Congress, yet he believes that the president must have persuasive skills in order for things to be accomplished. As a result of the constitution that is complicated and created a government that is “separated powers and rather, it created a government of separated institutions sharing powers” 212. The congress and the executive share the authority, so the president cannot fire them even if they are an obstacle, so he must persuade them in any way he can. That is why Truman once said, “I sit here all day trying to persuade people to do the things they ought to have sense enough to do without my persuading them… that is all the powers of the president amount to” (p. 212). Effective methods of success for a president would be to use formal constitution powers, which are once again shared powers. The logic of argument and this method doesn’t always win his favor, command which doesn’t work all the time “Do this! Do that!” And nothing will happen” and persuasion. Neustadt focuses on the last one. “The connection between persuasion and bargaining is central to Neustadt’s thesis” because “for Neustadt the essence of presidential power is the power to persuade” (Grover, p.33). He believes that for a president to be successful he has to have persuasive skills and his. So that way they act the way the president wants. In this way he thinks that the president has enough power to do so because he said, “the President’s advantages are greater than mere listings of his powers might suggest” (p.214) he also stated “the president’s authority and status give him great advantages in dealing with men he would persuade.
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American Presidency Summer 2022 Short Paper Assignment #2 Write a 4-5 page paper (suggested length) answering one of the following questions. Your response should make careful use of the relevant readings and provide an opening thesis statement indicating your main argument. Papers should be typed, double-spaced, with 12-point font and 1” margins. All sources must be cited (parenthetical citations and footnotes are both acceptable options, but please include page numbers in your citations). Grades will reflect the quality of your analysis, effective use of sources, and overall presentation and organization. Papers are due by the end of the day on August 12 (uploaded to Canvas). Questions (Pick One) 1. Compare Skowronek with either Neustadt or with the theory of the modern presidency outlined by Pika, Maltese & Rudalevige and also discussed by Grover (see his discussion of Rossiter). Can Skowronek’s idea of “political time” be usefully combined with either of these arguments, or does it necessarily challenge them? In answering this question, be sure to also indicate the key insights of each perspective. Please Note: In all cases, you should feel free to draw on specific examples from any of the readings to support your analysis. In other words, if you find it helpful to talk about Franklin Roosevelt, or Kennedy, or a specific policy detail from Pika et al. alongside your discussion of the ‘theories,’ then please do so. My previous writing looks like this, just so you know my level of writing. I was super busy and it is not good but you get the idea. The Imperial Presidency and The Presidential Power and Modern Presidency The Imperial Presidency and the Presidential power and modern Presidency are discussed in the two articles. The former is based on uncontrolled power of the president, while negotiation and persuasion are used by presidents in the latter to accomplish their goals. Presidents become imperial when the constitutional balance favors their power and undermines their accountability. Since WW2, the imperial presidency tends to be prompted by international crises, according to Schlesinger and shrinks during peace. He believes the imperial president is a threat to the constitution because “the rise of the imperial presidency ran against the original intent of the framers of the constitution” (p.47) Additionally, Schlesinger argues that modern presidents’ powers are uncontrolled, and that foreign policy is at the heart of the threat to the constitution because “in domestic policy, the legislative and judiciary branches of government don’t hesitate to challenge the President.” on the other hand, “when it comes to foreign affairs, they lack confidence and are likely to be intimidated by executive authority” (p.45) Moreover, despite the president’s unilateral power on national security and the fact that the president is empowered to act without Congress, Schlesinger undermines the power of the executive branch by stating, “the presidency was only given the power of receiving and appointing ambassadors, and by implication, of serving as the channel of communications to foreign states.” (p.48). Nevertheless, article two grants broad executive powers to the president which makes it easy for the executive branch to be the prime agent dealing with foreign affairs. Due to this, both modern and early presidents used it to expand their powers without congressional appropriation. In contrast, Though the constitution gives the president a great deal of power, for instance during national security, and, as Neustadt points out, the state creates the capacity for the president to act far more easily without Congress, yet he believes that the president must have persuasive skills in order for things to be accomplished. As a result of the constitution that is complicated and created a government that is “separated powers and rather, it created a government of separated institutions sharing powers” 212. The congress and the executive share the authority, so the president cannot fire them even if they are an obstacle, so he must persuade them in any way he can. That is why Truman once said, “I sit here all day trying to persuade people to do the things they ought to have sense enough to do without my persuading them… that is all the powers of the president amount to” (p. 212). Effective methods of success for a president would be to use formal constitution powers, which are once again shared powers. The logic of argument and this method doesn’t always win his favor, command which doesn’t work all the time “Do this! Do that!” And nothing will happen” and persuasion. Neustadt focuses on the last one. “The connection between persuasion and bargaining is central to Neustadt’s thesis” because “for Neustadt the essence of presidential power is the power to persuade” (Grover, p.33). He believes that for a president to be successful he has to have persuasive skills and his. So that way they act the way the president wants. In this way he thinks that the president has enough power to do so because he said, “the President’s advantages are greater than mere listings of his powers might suggest” (p.214) he also stated “the president’s authority and status give him great advantages in dealing with men he would persuade.
Are you looking for an answer to a similar question? https://nursinghomeworkessays.com/
has writers waiting to work on your paper.
Place your order and we will prepare an original paper, within the timeframe that suits you!
Our plagiarism reports are free.
We will deliver the order early enough so that you can have a look at it before submitting