Topic: Domestic Relations
Order Description
Please read the hypothetical provided below then answer all nine of the hypothetical questions in detail.
When you answer the hypothetical questions, make sure to state the rule or case that supports each of your answers.
You must review the following before answering the hypothetical questions:
1. Model Rules of professional conduct http:www.abanet.org/cpr/mrpc/mrpc toc.html
2. Paralegal rules of professional conduct-??https://www.paralegals.org/associations/2270/files/Model_Code_of_Ethics_09_06.pdf
2. Attorney Grievance Commission v. Hollmon, 343 Md. 390, 681 A.2d 510 (1996)
https://www.courts.state.md.us/opinions/coa/1996/13a95m.pdf
3. Turkey Point Property Owners’ Association, Inc. v. Anderson, 106 Md. App. 710, 666 A.2d 904 (1995)
https://www.courts.state.md.us/opinions/cosa/1995/2064s94.pdf
4. Attorney v. Grievance Commission v. James, 340 Md. 318, 666 A. 2d 1246 (1995)
https://www.courts.state.md.us/opinions/coa/1995/21a92m.pdf
5. See also, 80 Op Att’y Gen ,
https://www.oag.state.md.us/Opinions/1995/95-056.pdf
80 Op Atty
Hypothetical:?You are a paralegal student at UMUC. In your domestic relations class, your instructor asked you to go to your local Legal Aid office and help conduct intake.??On October 22, Suzanne Mercedes came to the office and asked for assistance regarding a custody case. You conducted the intakeinterview and obtained the following information:??Ms. Mercedes had been served with a complaint for divorce. Her husband is seeking a divorce and custody of their minor children.Ms. Mercedes showed you the Complaint that her husband filed against her.
The complaint that was filed against Ms. Mercedes stated that the parties have three children and that due to her limited income she is not able to care for them. Mr. Mercedes is seeking sole custody and child support. He is also seeking the marital residence, the parties Ford Pinto and the children’s pet rat.??Ms. Mercedes informed you that except for a brief attempt to reconcile, the parties have been separated for two years. Ms. Mercedes has cared for the children since the separation. Ms. Mercedes does not remember the exact date that she was served but said it was about three weeks ago. She wants your help in filing an answer and believes that it must be filed immediately. She wants to know whether she has a chance of obtaining custody of the children and child support.??Prior to coming to legal aid, you were told to read several court cases and the family law statute. From your reading, you knew that Ms. Mercedes may not have grounds for a divorce because she and Mr. Mercedes had recently engaged in sexual relations. Since both parties reside in Maryland, you know that she has thirty days from the date on which she was served to file an answer. You also know that she was not properly served if her husband handed her the complaint. In the course of interviewing her, you determined that a lot more information is needed.??Your supervisor will be in court all day and unable to supervise you.
Please answer all of the questions provided below and state the rule or case law that supports the answer to each question:
1. Which of the following activities can you do without her direct supervision?
2. Determine if this is the type of case that is handled by Legal Aid.
3. Conduct a full interview of Ms. Mercedes.
4. Determine if Ms. Mercedes is financially eligible for Legal Aid. (Legal Aid can only represent low-income persons)
5. Contact the clerk’s office and find out whether proof of service has been filed, and if so, the date of service and who served Ms. Mercedes.
6. Review the parties’ income and determine how much child support Mr. Mercedes would be able to obtain if she was awarded custody.
7. Ms. Mercedes is very anxious. She wants to know her chances of obtaining custody. Can you tell her what you think?
8. Determine whether she needs to file a counterclaim or other pleadings.
9. You determined what you were allowed to do for Ms. Mercedes and what you could not do without supervision by an attorney. When you told Ms. Mercedes that you could not do everything she requested, she became enraged. She said that she was wasting her time talking to you. What is anything could you have said at the beginning of the interview to help avoid her frustration?