Ethics

Answer the following prompts using complete sentences, good grammar, spelling, and punctuation, utilize a word processing program, and proofread your work before submitting.  

Be sure to explain your answers and back yourself up with either references to the textbook reading or outside sources, preferably primary sources of law, such as the Virginia State Bar Rules of Professional Conduct or the ABA Model Rules of Professional Conduct, or other source  AS APPROPRIATE (properly cited, of course).  Mention rules of law upon which you are relying within the body of your answers, and also include a complete citation to all of your sources in a references section at the bottom of your assignment.

1. Locate information on Virginia’s lawyer assistance program (LAP), as well as review the state’s Rule 8.3 regarding the duty to report misconduct).  How is the LAP funded?  Do lawyers that use the service have to pay for it?  Is the LAP available to law students, paralegal, and other law office personnel?  Could you get help there if you needed it?  Does the state’s LAP website include any “self-tests” or types of pre-screening/questionnaires?  Does the LAP promise complete confidentiality?  Does it promise not to notify the disciplinary authority?  Can you refer a lawyer to the LAP anonymously?  Will the LAP do an intervention for a lawyer who abuses alcohol, but denies it?
2. Each state has its own statute of limitations on malpractice actions.  Research Virginia’s statute on the time within an action must be brought.  When does the statutory time begin to run?  What events might “toll” the statute?
3. Is professional liability insurance mandated in Virginia?  Is there an obligation to inform potential clients about professional liability insurance?  What are some reasons for requiring insurance?  Why is it important (or is it?) for the client to be aware of whether the firm has malpractice insurance?
4. What does it mean to you to be diligent for your client?  Give several specific examples of how this would look.
5. Give two (2) different examples of being deceitful with evidence, and explain possible penalties.  Locate and cite Virginia’s laws on the destruction and spoilation of evidence.  What are the penalties for this practice?
6. Locate and cite Virginia’s laws on perjury?  What are the penalties for this?
7. Locate and cite Virginia’s laws on ex parte communications.  Are there penalties for this?  If so, what?  Are these types of communications ever appropriate do you think?  Give an example.