Jane Jones Case Study
Problem 2 Jane Jones had advertised in the Yellow Pages that she was able to provide representation in uncontested divorces, wills and estates, as well as other services. It is outside the paralegal’s scope of practice to deal with matters involving wills or family law, including divorce. This was a direct violation of the Paralegal Rules of Conduct, “A paralegal shall not advertise services that are beyond the permissible scope of practice of a paralegal” (Rule 8.02(3). As a paralegal, it would be important for Jane Jones to avoid misleading any potential clients so that they do not assume that she is a lawyer. Jane Jones’ business name would have also been a violation of rule 8.03 (1) and (2). “(1) In this Rule, "marketing" includes
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Burrows, his new representative requested that Jane Jones produce Mr. Burrows’ file. Jane Jones refused to hand the file over to Mr. Burrows’ new paralegal, which was a breach of the Paralegal Rules of Conduct. “Upon discharge or withdrawal, a paralegal shall, (a) deliver to the client or to the order of the client, all papers and property to which the client is entitled, (subject to the paralegal's right to a lien); (b) subject to any applicable trust conditions, give the client all information that may be required in connection with the case or matter; (e) Cooperate with the successor licensee so as to minimize expense and avoid prejudice to the client” (Rule 3.08(11)). Jane Jones should have provided Mr. Burrows with a written statement, explaining why she had withdrawn, and she also should have complied with Mr. Burrows’ new paralegal. The Paralegal Rules of Conduct also say that a paralegal should do the following when withdrawing from a client’s case, “(c) Account for all funds of the client then held or previously dealt with, including the refunding of any monies not earned during the representation; (d) promptly render an account for outstanding fees and disbursements” (Rule 3.08(11)). Jane Jones refused to produce a statement of account after withdrawing her services from Mr.
Burrows, his new representative requested that Jane Jones produce Mr. Burrows’ file. Jane Jones refused to hand the file over to Mr. Burrows’ new paralegal, which was a breach of the Paralegal Rules of Conduct. “Upon discharge or withdrawal, a paralegal shall, (a) deliver to the client or to the order of the client, all papers and property to which the client is entitled, (subject to the paralegal's right to a lien); (b) subject to any applicable trust conditions, give the client all information that may be required in connection with the case or matter; (e) Cooperate with the successor licensee so as to minimize expense and avoid prejudice to the client” (Rule 3.08(11)). Jane Jones should have provided Mr. Burrows with a written statement, explaining why she had withdrawn, and she also should have complied with Mr. Burrows’ new paralegal. The Paralegal Rules of Conduct also say that a paralegal should do the following when withdrawing from a client’s case, “(c) Account for all funds of the client then held or previously dealt with, including the refunding of any monies not earned during the representation; (d) promptly render an account for outstanding fees and disbursements” (Rule 3.08(11)). Jane Jones refused to produce a statement of account after withdrawing her services from Mr.