A lawyer may not permit his paralegal to represent a client in litigation or other adversary proceedings or to perform otherwise prohibited functions unless authorized by statute, court rule or decision, administrative rule or regulation or customary practice
Statute 200:501 reads:
“A lawyer may not permit his paralegal to represent a client in litigation or other adversary proceedings or to perform otherwise prohibited functions unless authorized by statute, court rule or decision, administrative rule or regulation or customary practice.”
10. Please apply the following facts to the above statute explaining in detail whether or not the statute has been violated.
Attorney K-Mart Smith represents Mary Stewart with her insider trading case. Judge McCoy has set a pre-trial conference just to review documents submitted by the attorneys and asked that any representative from each side appear at 2pm today. This date was set at the last minute and Attorney Smith (who is currently out of town on vacation) allows his paralegal, Mark Lawrence, to attend the pre-trail conference. He does so and the case is now set for trial in two months.
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