Flashcards Studio

Facts: In drafting a memorandum for a civil action involving a breach of fiduciary duty, Atty. Kim Santos includes in the Authorities section three items: (i) she reproduces nearly verbatim a paragraph from a Supreme Court decision without quotation marks or attribution; (ii) she paraphrases a proposition from a leading treatise and presents it as the controlling rule in the case, without citing the actual Supreme Court decision that states the rule; (iii) she cites a Supreme Court case that, on its facts, does not actually support the proposition but is listed as authority. 1) Identify the ethical violation(s) and the governing CPRA Sec. 8. 2) Apply the facts: does Atty. Santos’s conduct constitute plagiarism, misrepresentation, or both? Explain briefly. 3) What corrective or preventive steps should be taken to address the violation and prevent recurrence?