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Famous Televised Court Trials Discussion
Famous Televised Court Trials Discussion
Order ID 53003233773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
Famous Televised Court Trials Discussion
Please make corrections to this assignment as per the uploaded file.
Facts of the case
Frasier is a renowned criminal defense attorney who has been appearing on a televised show to talk about the trial commentary involving the murder of a former football star. One afternoon, she appeared on a live talk show with other three attorneys to discuss the general state of law. The panel was required to take calls and respond to the caller’s issues and questions. Then, a young woman named Daphne called and directed her question to all the lawyers on the panel. However, Frasier interrupted and said that she is the most qualified to help Daphne.
She requested her to call her office to get an appointment because the matter required more detailed advice that could not be given on the talk show or over the phone. At the end of the program, Frasier thanked the news director with two front-row tickets to the most popular play in the town. She told him that he had helped him get many new clients after he held an interview with her the previous week.
Issues
Did Frasier violate the standards of professional responsibility by using a televised show to solicit clients and by interrupting the call made by Daphne to discredit the other attorneys and proceeding to request the client to call her office for an appointment? The gifts?
Rules
Model rule 7.2 (c) states that “a lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless the lawyer has been certified as a specialist by an organization that has been approved by an appropriate authority of the state or the District of Columbia or a U.S. Territory or that has been accredited by the American Bar Association; and the name of the certifying organization is clearly identified in the communication.”
Model rule 7.2 (b) states that “a lawyer shall not compensate, give or promise anything of value to a person for recommending the lawyer’s services except that a lawyer may give nominal gifts as an expression of appreciation that are neither intended nor reasonably expected to be a form of compensation for recommending a lawyer’s services.
Additionally, model rule 7.3(a) states that “Solicitation” or “solicit” denotes a communication initiated by or on behalf of a lawyer or law firm that is directed to a specific person the lawyer knows or reasonably should know needs legal services in a particular matter and that offers to provide, or reasonably can be understood as offering to provide, legal services for that matter.”
According to model rule 6.1(b) (3), a lawyer should aspire to render at least (50) hours of pro bono publico legal services per year. In fulfilling this responsibility, the lawyer should participate in activities for improving the law, the legal system or the legal profession.”
In the matter of Dannitte Mays Dickey (S.C. Supreme Court, 2012), the lawyer was reprimanded for violating model rules 7.2 (a), 7.2(b), 7.2(c) based on statements posted on his website. He published information that violated standards of professional responsibility as a way of marketing his law firm through the website. He included statements that compared his services with that of other lawyers and created unjustified expectations among the clients. The statements in his website had material misrepresentation and omission of facts that could justify his expertise in that field of law.
Analysis
Frasier used the television live show to solicit a client. She told Daphne that she should contact her office and even gave the contacts. This is a violation of model rule 7.3(a) which bars lawyers from engaging in communication directed to a specific person the lawyer knows or reasonably should know needs legal services in a particular matter and that offers to provide, or reasonably can be understood as offering to provide, legal services for that matter. She knew Daphne needed legal advice and therefore she proceeded to convince her to take her legal advice. This is a form of solicitation.
Additionally, she violated model rule 6.1(b) (3), which requires that lawyers should offer free services by participating in activities that would improve the legal profession or the legal system. She was invited on the talk show to help address the callers’ questions for free. However, she took the chance to solicit a client and invite her to her office. She would then proceed to ask for legal fees from the client for services she should have offered for free.
Lawyers are barred from compensating or giving gifts that would be of value to someone who recommended their legal services according to model rule 7.2 (b). However, Frasier gave two tickets to the news director at the TV station as a form of appreciation.Tell why just tickets are ok but not the tickets she gave. She thanked the news director for allowing her to be on the show during a previous interview and she has been getting new clients.
Frasier also violated model rule 7.2(c) because she implied that she is a specialist in a certain field of law. She told Daphne that she was the most qualified attorney to answer her questions because she has extensive criminal trial experience. She added that she is an expert in the criminal trial field. Explain a bit more
Conclusion
Yes, Frasier violated the standards of professional responsibility by engaging in solicitation of a client through a TV live show. She also implied that she is a specialist in the field of criminal trials which is against the professional conduct of lawyers. Therefore, disciplinary action can be initiated against her for violated the model rules of professional responsibility. tickets
Reference
In the matter of Dannitte Mays Dickey 768 S.E.2d 669, 2012. Supreme Court of South Carolina. Retrieved from https://law.justia.com/cases/south-carolina/supreme-court/2012/27090.html
Famous Televised Court Trials Discussion
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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