Posted: September 20th, 2015

Paralegals and Consultants.

Question 1
Our client, Children’s Help, Education, and Awareness Productions (CHEAP), a United States-based worldwide outsourcing company, has asked us to evaluate a situation in one of the host countries where much of CHEAP’s manufacturing takes place. Investigations by several international organizations have shown that child labor (at or below the age of 8) is commonplace at CHEAP’s factories in this under-developed host country. However, local defenders of this practice point to the host country’s long tradition of employing young children in order to raise family income.
CHEAP would like us to draft a balanced pro-con evaluation of whether it should continue to allow this local practice of utilizing very young child labor, or to institute an international code of ethics that would completely prohibit such practices – no exceptions — in its operations worldwide. In addition to your balanced pro-con evaluation, please make a recommendation to CHEAP on this issue, and support that recommendation with some analysis.

Question 2
The Board of Directors of ACME company is looking to revise its diversity policy. The Board would like to increase diversity in hiring and promotion to make the company more diverse, at all levels throughout the company (i.e., not just in the sales and marketing teams). However, some on the Board have asked that we analyze the issue from the point of view of increasing profits, anticipating such questions from shareholders; in other words, exactly how would increasing diversity result in increased profits for that company?
Please note: the Board already accepts the notion that diversity in the sales force, marketing, and design groups make sense, but they are stuck on why the manufacturing processes, specifically, the shop-floor – why should these places in the company also be diverse — and how is diversity on the shop-floor, for example, connected to higher profits?
Please prepare a memo that will please the Friedman enthusiasts; in other words, analyze the notion of increasing diversity, specifically, on the shop-floor/manufacturing areas, from the point of view of explaining exactly how increasing such diversity there will result in increased profits.

Question 3
There was a situation in our hypothetical office. One employee — we will call her D – began a recent habit of coming in late several times a week, and leaving quite early every Friday. Then, a bunch of you confronted her in the hall, to tell her that what she was doing was wrong and making everyone else’s job on the team harder. D responded that it’s none of anyone else’s business what her work schedule is.
Management has become aware of this situation. But while management must ensure that everyone works their full hours, management also wants to ensure that their corporate environment remains open to “whistleblowers,” to root out potential fraud and waste.
Please draft a memo that would offer some specific guidance for staff as to: 1) under what conditions, and 2) what steps that staff should take, to “whistleblow” as appropriately as possible, in this scenario presented in this question.

Question 4
Our consulting firm has been asked to evaluate an investment proposal for Moda Enviro, the new “sustainable” on-line clothing exchange service that is structured similarly to some of the on-line movie companies. For a reasonable monthly fee of $50, Moda Enviro subscribers are allowed to use and retain up to six garments at a time, and continually swap out older garments for new ones, picked from an impressive on-line selection of high-fashion and up-to-date styles. Moda Enviro’s pitch is that customers will no longer need to cart bags of old clothes to Goodwill anymore. Now, those clothes come back to Moda Enviro! The sales pitch has worked so far, but now Moda Enviro has a small warehouse full of old garments that can no longer be sent out for use by customers.
Please draft a balanced pro-con memo outlining the risks and benefits, attractions and drawbacks, of their new business model, and specifically, what considerations that they should keep in mind to design their business processes to make those processes as sustainable as possible. As usual, please provide a recommendation as to whether we should invest in Moda Enviro at this time.

Question 5
Undercover Guns (aka, “UG”) has just designed a new and patented technology that the UG Board of Directors is considering adding to their entire product line of firearms, from handguns, to rifles, to semi-automatic weapons. The new technology, called “melt-away,” essentially melts and fuses all of the identifiable parts of the guns, rendering it impossible for re-identification of the user later on, whether by ballistics or fingerprint analysis. However, the UG Board of Directors is concerned, both from a product liability and an ethical standpoint, as to whether they should go forward and add this new technology to their line of firearms.
Please draft a balanced pro-con analysis as to what the Board of Directors should consider in making this decision.

Question 6
You’ve just been promoted to be the lead paralegal and/or business manager (depending on the program you’re in) in our law firm. Thanks to your effective leadership, we’re growing, from two to five attorneys, and we plan to hire another three paralegals.
Please write a short memo outlining at least six (6) types of attorney conduct or practices — that we have examined in this class — that we should all watch out for because such conduct or practices may cross the line ethically, according to the California Rules of Professional Conduct and relevant California code provisions. As part of your answer, please specify the Rules and California code provisions that are implicated in your memo; and most importantly for our new staff, explain what those rules mean. Citing to, or simply quoting from, the rules alone is just not enough.

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