An attorney participated in a program sponsored by a nonprofit association to provide representation at no cost to low-income individuals involved in tax disputes with the Internal Revenue Service (IRS). The attorney, who initially lacked the expertise necessary to properly represent such individuals, attended classes sponsored by an organization through which she gained sufficient knowledge of the tax law to competently represent such individuals. After satisfactorily representing several individuals referred to the attorney by the organization, the attorney learned from a friend about a store clerk with limited means who was involved in a dispute with the IRS regarding a previously claimed earned income tax credit. The attorney made a phone call to the store clerk, with whom she had had no previous contact either professionally or personally, and offered to represent the store clerk without charge in her tax dispute with the IRS. Was the attorney subject to discipline for making the phone call

Respuesta :

No, the attorney is not subject to discipline.

Within legal parlance, when a person becomes subject to discipline, it means that he or she has been found guilty of breaking the rules, guidelines, or regulations of the profession and could be punished or disciplined as a result.

In the question above, the attorney had not only attended classes/training required to enable them to provide legal representation to clients who have dispute issues with the Internal Revenue Service (IRS) but had also satisfactorily represented such clients.

In other words, he holds both the foundational training in law, the specialist training in IRS matters, and the experience required to represent the store clerk.

It is also constitutional for the state to provide pro-bono legal representation to those who could not afford it.

The attorney, therefore, was not subject to discipline.

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