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ETCH 351

Penn state university

ETCH

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ETHC 351. Legal Ethics Sem. 191 Assignment Tuesday, NOV 30, 2019 Student name Student ID You can use this sheet as your first page of the assignment. Chose a case (only one) from ABA that has three distinct ethical dilemmas. The template below shall guide you to through the process. The total assignment is minimum 1000 words. 1 2. 3. 4. Introduction and Details about the facts of the case, with three distinct ethical dilemmas Legal discussion add the laws that relate to your case Comparison with the Saudi Code. Discussion; give your opinion on the basis of the laws that you have mentioned above. Your opinion should be backed by laws and procedures. You can also choose another case as a reference to give your opinion. (e.g. you can say that a similar decision was taken in another case with similar facts.) Total Properly reference your work with at least 10 references. Marks 3 3 2 3 11 lu. 11:19 Ims.psu.edu.sa АА ETHC 351. Legal Ethics Sem. 191 Assignment Tuesday, NOV 30, 2019 Student name Student ID You can use this sheet as your first page of the assignment. Chose a case (only one) from ABA that has three distinct ethical dilemmas. The template below shall guide you to through the process. The total assignment is minimum 1000 words. Marks 1 Introduction and Details about the facts of the case, with three distinct 3 ethical dilemmas 2. Legal discussion add the laws that relate to your case 3 3. Comparison with the Saudi Code. 2 4. Discussion; give your opinion on the basis of the laws that you have 3 mentioned above. Your opinion should be backed by laws and procedures. You can also choose another case as a reference to give your opinion. (e.g. you can say that a similar decision was taken in another case with similar facts.) Total 11 Properly reference your work with at least 10 references. >
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Attached.

Running Head: LEADERSHIP AND DIVERSITY

LEADERSHIP AND DIVERSITY ISSUES
Student’s Name:
Institution’s Affiliation:

LEADERSHIP AND DIVERSITY

2

Abernathy, Deborah L.

04/20/09
DC Nos. 07-0619, et al.
SB-09-0017-D

Acoording to the Supreme court of Arizon in the disciplinary commission numbers 07-0619, 07-1271, a
judgement was made to the effect that
1.

Deborah l. Abernathy, a member of the State Bar of Arizona, was to be suspended from the

practice of law for a period of ten months, effective thirty days from the date of the judgment and
order, for conduct in violation of her duties and obligations as a lawyer, as disclosed in the Disciplinary
Commission Report.
2.

Deborah l. Abernathy, was to be placed on probation for a period of two years upon

reinstatement with terms and conditions to include six additional CLE hours related to ethics and
participation in the State Bar's Law Office Management Assistance Program.
3.

Deborah l. Abernathy was to pay restitution in the following amounts to the following

individuals: $2,176.00 Total Edie Eisenschenk $2,500.00 Deborah L. Gallagher : $4,676.00
4.

The Respondent was also to comply with all the provisions of Rule 72, Rules of the Supreme

Court of Arizona, including, but not limited to, Rule 72(a), which required that Respondent notify all of
her clients, within ten days from that date, of her inability to represent them and that she should
promptly inform this Court of her compliance with this order as provided in Rule 72(e).
5.

IT was FURTHER ORDERED that Respondent shall be assessed the costs and expenses of the

disciplinary proceedings as provided in Rule 60(b).
What had Abernathy done to deserve such orders? Well, according to Lawyer regulation, Abernathy’
having been paid to represent a client in a dissolution, the representation terminated prior to the end of
the proceeding. Her client requested an itemized accounting. Ms Abertnathy failed to provide an
accounting or return her client file, and a charge was filed with the State Bar. Ms Abernathy failed to
completely respond to the state bars numerous requests for information regarding the matter, and a

LEADERSHIP AND DIVERSITY

3

complaint was filed. Ms Abernathy failed to fully cooperate with the requirements of the case
management order and failed to appear at hearing on the merits. According to Lawyer regulation,
Abernathy violated Rule 42, ARIZ.R.S.CT., ERsA 1.6 1,15and 8.1(b), and Rule 53(d) and (f), ARIZ.R.S.CT. in
short, Abernathy



Failure to competently and diligently represent clients.



failed to safeguard client property by entering into an improper fee agreement and



Failed to protect the clients’ interests upon termination of the representation.

According to the American Bar Association code of conduct rules, Abernathy broke the following rules,

➢ Competence, which states that a lawyer shall provide competent representation to a client.
Competent representation requires the legal knowledge, skill, thoroughness, and preparation
reasonably necessary for the representation. Abernathy as shown in the case above failed to
provide competent representation to her client.


Scope of Representation and Allocation Of Authority Between Client And Lawyer.
Several items are highlighted in this representation to include the following.

a) that a lawyer shall abide by a client's decisions concerning the objectives of representation,
b) shall consult with the client as to the means by which they are to be pursued.
c) take such action on behalf of the client as is impliedly authorized to carry out the
representation.
d) abide by a client's decision whether to settle a matter. In a criminal case, the lawyer shall
abide by the client's decision, after consultation with the lawyer, as to a plea to ...


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