Essаy Questiоn (10 Pоints Tоtаl)Fаct Pattern: Sarah is an attorney licensed only in Alaska, running a family law practice in Anchorage. To manage her caseload, she hires Marcus. Marcus is a former attorney who lost his legal license in another state due to prior misconduct (a fact Sarah knows). He now works as a paralegal but he has 15 years of prior litigation experience.During a busy month, the following events occur:The Initial Consultation (3 Points): Marcus speaks with a new client, David. Marcus gets background details from David, explains to David the statutory grounds for divorce under Alaska law, and then tells David to file for his divorce case under "incompatibility of temperament." Sarah is in court all morning and does not review or attend this meeting.Document Preparation & Filing (3 Points): Marcus drafts the complaint for divorce and a motion for temporary spousal support. He signs Sarah’s name to the pleadings with her prior general oral permission ("Just sign my name to routine divorce filings when I'm out of the office"). Marcus files them with the court without Sarah reviewing the draft documents.The Settlement Negotiation (4 Points): A week after the divorce is filed, the opposing attorney in the case then calls the office to negotiate temporary child support. With Sarah out of the office, Marcus discusses the financial affidavits with opposing counsel, counters an offer by accepting a lower monthly child support figure based on his own assessment of the case, and emails opposing counsel: "My client accepts $1,200/month." Sarah discovers this the next day.Analyze Sarah’s professional conduct under Alaska Rules of Professional Conduct 5.3 (Responsibilities Regarding Nonlawyer Assistants) and 5.5 (Unauthorized Practice of Law). You may use any structure you want, but consider using the IRAC method to structure your answer.
Whаt is аn аpprоpriate distance tо be frоm your patient to perform your interview?
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