Complaint Divorce Family law attorney ethical considerations Child Custody
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You work for a family law attorney, Sarah Connors. Attorney Connors has agreed to represent Patty Bean in her divorce and has assigned you to conduct the initial fact-finding interview with Ms. Bean.
Using the information provided in Chapter 14, draft a set of 10 questions to ask Ms. Bean in the initial interview that will allow you to draft the initial divorce pleading — the Complaint for Divorce. The 10 questions you write should be detailed and specific and address the major topics of the divorce complaint: alimony, child support, custody, visitation, and property/debt distribution. An example might be the following: “Who is the psychological parent? Who bathes the children, makes their lunches, takes them to their sports and playdates, tucks them in at night, and listens to and tries to fix their problems?” Each of your ten questions should be detailed like this – not “background” or “administrative” like asking their name, address, and phone number. You may want to write two question per topic (alimony, child support, custody, visitation, and property/debt distribution).
Then, also, answer the following two questions. For your written assignment, your answers to these questions will each be a well-developed paragraph of 4-6 sentences:
- What ethical issues do you need to be aware of as you interview Ms. Bean?
- What steps will you take to make Ms. Bean comfortable in the interview?
Review the ABA Model Rules of Professional Conduct and Comments for the first essay (see specifically Rules 1.6, 1.7, and 5.5). Be sure to include consistent citations throughout the body of the paragraph. You can use the textbook and Internet resources to answer the second question, again using consistent in text citations.
After you have completed your team exercise draft a short memo to the attorney. Make sure to answer each question from above (10 questions for the client, paragraph on ethics, paragraph on client comfort). Cite and apply the rules and other resources used to reach your conclusion. Be sure to include an explanation – do not simply quote a rule or source.
Your answers should be detailed and your paper should be at least 2 pages long, 12-point font and double-spaced.
In addition to fulfilling the specifics of the Assignment, a successful paper must also meet the following criteria:
• Length should be at least 2 pages, excluding cover page and references page
• Double spaced and 12-point font
• Viewpoint and purpose should be clearly established and sustained
• Assignment should follow the conventions of Standard American English (correct grammar, punctuation, etc.)
• Writing should be well ordered, logical, and unified, as well as original and insightful
• Your work should display superior content, organization, style, and mechanics
• Appropriate citation style should be followed