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Competence And Negligence Case Study

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Competence And Negligence Case Study
Competence & Negligence
Scenario 1:
You work for a criminal defense attorney who is arrested outside of the courthouse on charges of inhaling nitrous oxide. He was at the courthouse for a pretrial hearing on a cocaine case. After the hearing, he returned to his car. He apparently passed out after inhaling as many as 14 canisters, stepped on the accelerator of his car and careened in reverse into a parked car. Nitrous oxide is commonly called laughing gas and induces a mild euphoria. The incident was witnessed by several detectives who said that the attorney huffed canisters and then tossed the empty ones out of the open window of his vehicle. Empty canisters littered the pavement and 58 full ones were found inside the vehicle. The charges would carry a third degree felony.
1. …show more content…
Discuss the ramifications of the attorney’s actions referencing the rules.
1. The attorney would face criminal and maybe also civil consequences for the car accident his addiction caused. He knowingly violated the Professional Rule of Conduct, rule 4-8.4 “Misconduct.”
2. It would be in the attorney’s best interest to immediately seek the help of a Lawyer’s Assistance Program so he doesn’t land himself in more trouble.
2. What is the ethical obligation of the attorney’s paralegal if the paralegal knows of the attorney’s
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