Reppin' the McCarthys
This law firm is representing both the McCarthy's and Maureen Carr.
What is "Kenny & Drogula"?
This Rule governs when there is a concurrent conflict of interest because the representation of one client is directly adverse to another client. Give an example from the problem.
What is "Rule 1.7(a)(1)"?
Perhaps the most important question a lawyer should keep in mind during the representation of an organization.
What is "who is the client?"
This Amendment states “In all criminal prosecutions, the accused shall enjoy the right…to have the Assistance of Counsel for his defense.”
What is the "Sixth Amendment"?
A lawyer can't file this on behalf of each of the two parties involved, but may help with settlement discussions related to it. See, e.g. Kanye West & Kim Kardashian (pending 2021).
What is a "divorce"?
This is a payment paid upfront to secure the services of a lawyer. It only ensures the receiver's commitment, it does not guarantee an outcome. It may also be what your orthodontist advises you to wear after taking off your braces.
What is a "retainer"?
This Rule regards duties owed to former clients. Give an example of how it may be applicable in this problem.
What is Rule 1.9?
Under Rule 1.13(e), an attorney who reasonably believes he/she has been discharged because of the lawyer's actions taken pursuant to Rule 1.13(b) or (c) must inform this person of the withdrawal.
What is "the highest authority"?
A criminal defendant can do this to his right to have a lawyer who owes no loyalty to a co-defendant, if he wishes. Although it may be ill-advised...
What is "waive"?
Examples of these are "fiduciary" or "loyalty".
What are "duties"?
Maureen Carr is bringing this type of lawsuit against Hugh McCarthy.
What is a "paternity suit"?
This Rule does not let a lawyer reveal information relating to the representation of a client unless the client gives informed consent. Does this rule permit you to disclose the paternity suit to Joline?
What is "Rule 1.6(a)"?
Under Rule 1.13(b), a lawyer must do this if he/she learns of that an officer or employee of a client organization is engaged in an action that is likely to result in substantial injury to the organization.
What is "reporting up" or "up the ladder"?
The type of court where a judge must hold a hearing and advise both defendants of their right to separate counsel if a lawyer proposes to represent two criminal defendants.
What is a "federal court"?
If a lawyer is on the board of directors of a client corporation, he/she may not defend the company against this type of lawsuit.
What is a "derivative suit"?
You practice this type of law, and Gus Kenney practices this type.
What are "estates and family law"?
This Rule of the Imputation of Conflicts of Interest certainly plays a role in the problem. Identify the Rule and a way how it impacts your decision.
What is "Rule 1.10"
Under Rule 1.13(g), if a corporation permits dual representation, this person must give consent to it.
Who is "an official of the organization other than the individual who is to be represented or by the shareholders"?
If a lawyer believes she has a conflict of interest and cannot competently represent two criminal co-defendants, she may do this to the representation.
What is "object"?
This term refers to a joint defense in which criminal defendants agree to not provide information to the government.
What is "stonewalling"?
Hugh McCarthy hired this lawyer to represent him against Maureen Carr's lawsuit.
Who is "Charlie Bucci"?
This Rule states "A lawyer shall keep the client reasonably informed about the status of the matter." Give an example of how this may affect what you are required to tell Joline.
What is "Rule 1.4(a)(3)"?
When interviewing an employee of a client organization, this is the name of the warning a corporation's lawyer must give to the employee?
What is an "Upjohn warning"?
A judge may do this to a lawyer if he/she feels that the lawyer cannot adequately represent criminal co-defendants.
What is "disqualify"?
Rule 1.6(c) imposes obligations upon attorneys to prevent these unauthorized breaches of confidentiality?
What are "disclosures"?