Paralegal Incorrect Advice on Mortgage Case Study

December 2, 2022

Paralegal Incorrect Advice on Mortgage Case Study

Order Number	636738393092
Type of Project	ESSAY
Writer Level	PHD VERIFIED
Format	APA
Academic Sources	10
Page Count	3-12 PAGES

Instructions/Descriptions

Paralegal Incorrect Advice on Mortgage Case Study

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Ella is a trained paralegal who works for ABC Bank in Tucson, Arizona. One day, Barry walks into the bank to apply for a mortgage loan to purchase a new house. Ella and Barry have a long conversation about Barry taking out a mortgage. During the conversation, Barry is concerned that were he to default on his loan, his credit would be destroyed.

In response, Ella tells him:

Don’t worry about it. If you don’t pay your loan, the only remedy the bank has is to foreclose on the house. The bank cannot go after you personally and your credit score will be unaffected. I’ve been dealing with this issue for years and I’m telling you that this is the Arizona law on the matter.

Unfortunately, it turns out that Ella was incorrect. When Barry defaults on his loan the next year, his credit is badly hurt.

Barry comes to your office and meets with your supervising attorney, Rick, to discuss the possibility of suing Ella based on her statement to him and his reliance on it. Because Barry sincerely believed that what she was saying was true, Rick immediately rules out the possibility of suing her for fraud or misrepresentation. (Note: This means you should NOT deal with the possibility of suing him for fraud or misrepresentation or the like!)

Instead, Barry says to Rick, “Well, Ella isn’t a lawyer. Isn’t it wrong for her to tell me what the Arizona law is when she’s not even a lawyer?” Rick replies, “Well, I know that it’s unethical and even criminal to practice law without a license, but I don’t know if you can sue someone for unauthorized practice of law. I’ll have my star paralegal look into that.”

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After Barry leaves, Rick asks you to research this question, i.e., whether Barry can sue Ella based on her unauthorized practice of law, and to get back to him with an answer. Please prepare a properly researched essay to answer Rick’s question. Please refer to Arizona Supreme Court Rule 31.

An IRAC-style essay is appropriate for this assignment.

Paralegal Incorrect Advice on Mortgage Case Study

RUBRIC

Excellent Quality

95-100%

Introduction

45-41 points

The context and relevance of the issue, as well as a clear description of the study aim, are presented. The history of searches is discussed.

Literature Support

91-84 points

The context and relevance of the issue, as well as a clear description of the study aim, are presented. The history of searches is discussed.

Methodology

58-53 points

With titles for each slide as well as bulleted sections to group relevant information as required, the content is well-organized. Excellent use of typeface, color, images, effects, and so on to improve readability and presenting content. The minimum length criterion of 10 slides/pages is reached.

Average Score

50-85%

40-38 points

More depth/information is required for the context and importance, otherwise the study detail will be unclear. There is no search history information supplied.

83-76 points

There is a review of important theoretical literature, however there is limited integration of research into problem-related ideas. The review is just partly focused and arranged. There is research that both supports and opposes. A summary of the material given is provided. The conclusion may or may not include a biblical integration.

52-49 points

The content is somewhat ordered, but there is no discernible organization. The use of typeface, color, graphics, effects, and so on may sometimes distract from the presenting substance. It is possible that the length criteria will not be reached.

Poor Quality

0-45%

37-1 points

The context and/or importance are lacking. There is no search history information supplied.

75-1 points

There has been an examination of relevant theoretical literature, but still no research concerning problem-related concepts has been synthesized. The review is just somewhat focused and organized. The provided overview of content does not include any supporting or opposing research. The conclusion has no scriptural references.

48-1 points

There is no logical or apparent organizational structure. There is no discernible logical sequence. The use of typeface, color, graphics, effects, and so on often detracts from the presenting substance. It is possible that the length criteria will not be reached.