ASSIGNMENT FOUR
PROBLEM 1: Peter Raster is a young Illinois attorney with a general practice. Unfortunately,
Mr. Raster has the habit of intentionally, ignorantly, or carelessly violating the IRPC rules
relating to attorneys fees and the handling of client funds. Summarize the ethical violations that
Raster has committed in each of the five following scenarios:
(A) Bill Martin retains Raster in a real estate matter. Martin is buying a house and wants
Raster to represent him through the real estate closing. Since the matter appears to be
relatively simple, Raster agrees to represent Martin for a fixed fee of $500. Raster
receives a $500 check from Martin and deposits it into a client trust account. Since the
real estate closing proves to be more complex and time-consuming than Raster had
anticipated, upon conclusion of the matter, he sends Martin a bill for an additional $300
in fees.
(B) Jill Erkle retains Raster to defend her against drug dealing charges. Raster orally agrees to
represent Erkle provided that she pay an advance payment retainer of $10,000. Erkle
gives him $10,000 in cash, which Raster deposits into his client trust account.
(C) Mary Ory retains Raster to incorporate her small business. Their oral fee agreement
provides that Raster’s hourly fee will be $250 per/hour and that Ory will pay Raster a
security retainer of $3,000. Raster deposits this retainer into his general account. Raster is
able to incorporate Ory’s business and conclude the matter in just four hours. He does not
refund any of Ory’s $3,000 payment because it was paid as a retainer.
(D) Bob Pence retains Raster to handle his divorce. Their written fee agreement provides that
Raster’s fee will be 1/3 of whatever Pence’s share of the property settlement is and that
Pence will make a present payment of $1,000 to be used by Raster for future court
expenses. Raster deposits this $1,000 payment into his general account.
(E) Dr. Susan Collier pays Raster a general retainer in the amount of $1,000 in return for
Raster’s promise to make himself available to defend her against any medical malpractice
claim that might be brought against her within the following 12 months. Raster deposits
the $1,000 into a client trust account. After no malpractice claim is brought against
Collier during the next 12 months, Raster returns the $1,000 to Collier.
PROBLEM 2: Prepare a bill based on the “Day In The Life Of A Paralegal” scenario set forth
below. The bill must include only billable services. Record time in tenths of an hour in
accordance with the chart below. Prepare the bill, using the format used in the Sample Bill
below.
TENTHS OF AN HOUR BILLING CHART
1 – 6 minutes = .1 hour
7 – 12 minutes = .2 hour
13 – 15 minutes = .25 hour
16 – 18 minutes = .3 hour
19 – 24 minutes = .4 hour
25 – 30 minutes = .5 hour
31 – 36 minutes = .6 hour
37 – 42 minutes = .7 hour
43 – 45 minutes = .75 hour
46 – 48 minutes = .8 hour
49 – 54 minutes = .9 hour
55 – 60 minutes = 1.0 hour
SAMPLE BILL FORMAT
DATE CLIENT/CASE SERVICES
PERFORMED
PARALEGAL TIME
hours * 10ths
10/09/10 Apple v. P.C. PC w/ S. Jobs T. Cannon .75
10/09/10 Sox v. Cubs Drafted
interrogatories
T. Cannon 1
.5
10/09/10 Adam v. Eve Interviewed
client
T. Cannon 3 .0
10/09/10 Bush v. Gore Legal research T. Cannon .9
10/09/10 Good v. Evil Organized trial
exhibits
T. Cannon 1 .25
TOTAL HOURS: 7.4
Day In The Life Of A Paralegal
8:30 A.M. – 8:50 A.M. You arrive at the
office, boot up your computer, get a cup of
coffee, check your daily schedule, and review
your office e-mail.
8:50 A.M. – 9:00 A.M. You attend a
conference with your supervising attorney,
Katrina Boogs, regarding the upcoming trial
in Bolder v. Carns. Your client, Meg
Freeman, is very nervous about having to
testify about her ex-husband’s drug addiction.
Ms. Boogs suggests that you do some legal
research to see if you can find some case law
that would support a motion in limine to keep
evidence of drug addiction out of the case.
9:00 A.M. – 10:15 A.M. You conduct a
phone interview with Bob Dillard, who was a
witness to the bus accident which injured
your client, Betty Foster, in Foster v. C.T.A.
10:15 A.M. – 11:43 A.M. Ms. Boogs tells
you to draft a complaint in Pall v. Rinks.
Since you’ve never drafted a complaint
before, you ask Ms. Boogs if she has any
literature regarding the drafting of complaints
at law. She hands you a booklet she wrote
entitled, How to Draft A Complaint At Law,
together with several model complaints. You
review all of these documents.
11:43 A.M. – 12:15 P.M. Your secretary has
to leave early because she must pick up her
sick son from school. She was in the middle
of copying hundreds of pages of medical
records which must be delivered to opposing
counsel in Betram v. Mercy Hospital by the
end of the day. Ms. Boogs asks you to
complete the copying and then deliver these
documents.
12:15 P.M. – 1:00 P.M. You have lunch.
1:00 P.M. – 2:10 P.M. You conduct legal
research in connection with your client, Paul
Rept’s, slip and fall case.
2:10 P.M. – 3:00 P.M. You prepare
incorporation documents for your client,
Madeline Lamb. Your firm has agreed to
represent Ms. Lamb, pro bono, in her efforts
to set up a not-for-profit charter school.
3:00 P.M. – 4:35 P.M. You draft a motion for
leave to file an amended complaint in Kelly v.
Tucker.
4:35 P.M. – 4:45 P.M. Your Mom calls to get
your input on a surprise party for your Dad.
4:45 P.M. – 5:15 P.M. Your client, Shannon
Button, calls to discuss the various
interrogatory answers you are preparing for
her in Button v. Peanut, Inc.
5:15 P.M. – 5:39 P.M. You abstract 15 pages
of the deposition testimony of your client, N.
O. Erin, for the up-coming trial in Erin v.
Culprit.
5:39 P.M. – 6:00 P.M. You review your mail,
send an e-mail to your secretary regarding the
ordering of a police report, and leave for
home.
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