Question

Alex is a recently-licensed attorney with a solo law practice. Alex was contacted by Booker, a friend during college, who is now a successful publisher of educational books and software. Booker asked Alex to perform the legal work to form a partnership between Booker and Clare, a creative writer of books for children. In a brief meeting with Booker and Clare, Alex agreed to represent both of them and set up the partnership for a fee of $5,000.

Because Alex had no experience with forming partnerships, he hired Dale, a recently-disbarred attorney, as a "paralegal" at a wage of $250 an hour. Although Dale had no paralegal training or certification, he had decades of experience in law practice, including the formation of partnerships. Alex notified the State Bar about hiring Dale and disclosed Dale's involvement and disbarred status to both Booker and Clare.

Dale spent four hours on his own preparing the partnership documents and meeting with Booker and Clare about them. Alex paid Dale $1,000 for his work. Alex spent a total of two hours on the partnership matter, including the initial meeting with Booker and Clare, reading the partnership documents in order to learn about partnerships, and a final meeting to have Booker and Clare sign the documents.

What ethical violations, if any, has Alex committed? Discuss.

Answer 1

Alex may have committed ethical violations by inadequately supervising a non-lawyer (Dale) who is engaged in the unauthorized practice of law, failing to provide competent representation, and potentially facing a conflict of interest in representing both parties in the partnership.

Step-by-step explanation:

Alex, as a newly licensed attorney should adhere to ethical standards, which include avoiding conflicts of interest and ensuring competence in the legal services provided. In hiring Dale, a disbarred attorney, to perform substantial legal work, Alex may breach ethical rules regarding supervision and unauthorized practice of law. By not having direct involvement in the creation of the partnership documents and instead relying on Dale's expertise, Alex could be failing in his duty to provide competent representation.

Alex's ethical violations potentially include inadequate supervision of a non-lawyer, permitting the unauthorized practice of law, and potential conflicts of interest by representing two parties in a partnership arrangement. These issues may contravene the American Bar Association's (ABA) Model Rules of Professional Conduct, particularly rules concerning the responsibility over non-lawyers and providing competent representation.