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Fang to remedy the error the default could be set aside since this was a calendaring error. I relied on ABA Model Rule 5.3 – Responsibilities Regarding Nonlawyer Assistants for formulating this portion of my answer.
If the default is not set aside, the lawyer could be in violation of ABA Model Rule 1.1 – Competence since the lawyer is to provide competent representation of a client that requires legal knowledge, skill, thoroughness and preparation necessary for the representation.
FACTS: April works in a law firm that defended an accused criminal who is now in prison serving a life term. April wants to write a series of magazine articles using the client’s history as her subject matter...
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