Conflicts
A husband and wife agree to share one lawyer for their divorce. They give informed consent in writing despite your explaining the conflict of interest. Can you represent them, and why or why not?
No, Rule 1.7 conflict of interest.
This would be assertion of claim by client against another client represented by lawyer in same litigation or proceeding
I want to hire Your Mom to represent me. She knows another guy who would do this case for cheaper. Does she have to tell me that?
No, under 1.18 duties to prospective clients does include being up front about fees, but you don't have to tell them anything about other lawyer fees
Dior was a big killer and escaped from prison with a hit list left in the cell. Michael, her former lawyer, was on the hit list, and also knows where her hideout is from their confidential communications. Can he tell police and why or why not?
Yes b/c under 1.6(b)(1), you can try to stop death or substantial bodily harm, and since Dior had a whole hit list, it is reasonably certain these may happen
I made a mistake during my case (I'm just a girl) and it got dismissed with prejudice. I don't wanna tell my client tho so can I just pay her the amount she would've gotten if we won?
No that violates 1.4 I'm not keeping client reasonably informed on case status
might also be an issue with giving client money
What needs to be included when a client consents to paying a contingent fee? (50 per)
method by which fee will be determined
how much (percentage) lawyer gets
when it'll be deducted
in writing
signed by client
Mr. and Mrs. M. Hebert hired you to draw up wills. Before everything really got started, Mr. Hebert tells you he's having an affair with Ms. Tulane but do not tell anybody. Is it proper for you to proceed making both their wills together knowing this?
No because it could result in 1.7 conflict between current clients. You can't violate Mr. Hebert's confidentiality without his permission but you also can't get Mrs. Hebert's informed consent without doing so, it's a catch 22, drop out
When can you sleep with client? (except don't you guys)
1.8j if you were already sleeping with them before representing
Squidward is found dead and Breezy is suspected. You are her lawyer and she tells you it wasn't her because she was actually killing someone else at that time, but she doesn't want to tell anyone else that. Can you tell anyone about this?
No b/c it doesn't involve possibility of future harm, only the past. Can't use it for her defense if she doesn't want to b/c 1.2.
Attorney client privilege
A lawyer is only licensed in Alabama. He goes to Mississippi for a specific client with temporary admission and breaks a MS rule (with no equivalent in AL). Can he still be disciplined in AL and why or why not?
Yes, under Rule 8.5 the state where you are barred can discipline you regardless of where your conduct took place and use that jurisdiction's rules
Emma is representing David Bash. Sadly, she has to go to a funeral the day of a hearing and the judge doesn't care. She knows Caitlin is competent and can do it, but can't reach Mr. Bash to tell him. Is it proper to have Caitlin go do it?
(bonus for multiple rules)
No
this violates multiple rules: 1.4 failure to communicate about the new issue with the hearing, 1.6 giving another lawyer info to represent Bash without permission, 1.16 not getting consent or giving info on changing representation
You represent Giuseppe for theft and Joe for arson (two different guys btw). But then Giuseppe accuses Joe of being the actual thief in his case. Would it be a conflict to cross-examine Joe at Giuseppe's trial?
Yes, under 1.7 your 2 clients would have directly adverse interests and so your ability to represent either of them is materially limited
When should a judge disqualify themselves?
MCJC 2.11 a
whenever their impartiality could be reasonably questioned, including for personal bias, prejudice toward/against lawyer or person, or personal knowledge of facts within dispute
Blake leads a big convention for his giant Big Law firm and uses a client's case as an example, including the name and all information. Is he subject to discipline and why or why not?
Nope, it's within his firm and under 1.6 you can share as long as it's within the same firm and client never said not to
Brittany is a real estate lawyer and never done personal injury, but Pookie wants to hire her for such a case. Brittany does not tell her she's never done it, takes it, studies a lot, performs well but loses. Is she subject to discipline?
No she was still competent under Rule 1.1, she studied the relevant law
no requirement to stay in your usual field or tell a client it's not your usual field
Bobert was hired to represent Professor Stoa. Stoa wanted no less than 2 milly. The other counsel offered 1 milly. Bobert could not reach Stoa in time, so he rejected it. They go to trial and Stoa wins 5 milly.
Is Bobert liable for malpractice?
No because the jury award was greater than offer and what Stoa wanted
trick question b/c yes it breaks the rules (1.4 comms and 1.2 client decision) but that not the question
Rule 1.10 no you can't because in the divorce case, they're directly adverse and it's imputation
Can get informed consent from both OR withdraw from representing one or both
Michael is representing John Pork, and Mr. Pork says he's gonna lie on the stand. Michael says fr do not do that and blocks him from doing so. Can Pork bring a claim against Michael?
Nope in Nix v Whiteside, it's not a violation of justice to stop a criminal defendant from testifying falsely or to try to rectify that
Name a difference between attorney-client privilege and attorney-client confidentiality (100 points per difference)
-rule in evidence vs. MPRC/ethics
-information spoken by client to attorney for representation vs. broader scope
-result when something goes wrong: malpractice or loss of privilege vs. malpractice or discipline by bar
-to get around it: consent of client or fraud/crime vs. 1.6(b) exception
It's 2085 and Paul is sick and elderly. You talk over the phone with him and his son about doing a will with a living trust to benefit the heirs, but he says he needs to think about it. A week later, Paul is now semi-conscious in the hospital and can't sign anything but his heirs want to do it and say he does. They ask you to let the son sign for him and then just verify it. Can you, why or why not?
NO Rule 1(d) fraud includes any conduct that is fraudulent by law and has purpose to deceive
It includes omissions, so even if you just allow it to happen, that bad
What is a substantially related matter in relations to a conflict? I need a full definition queen
Involving the same transaction or legal dispute, or otherwise carrying substantial risk that confidential info from one client may be used against them or advance the other's position
Bwittany used to work for Squishmallow Legal Team in suits against them. She left and now works for The Government. The Government is pursuing suit against Squishmallow for putting anthrax in those things. How could Brittany still participate?
1.11 (D) she's still subject to 1.7 and 1.9
and she cannot participate in matter which she participated in personally and substantially UNLESS gov agency gives written informed consent
so yes she can if both her former client and current government agency gives consent
No under Rule 4.2 you have to have consent from the other person's lawyer not them
Name all 1.6b exceptions
2. stop client from crime/fraud
3. mitigate/rectify damage to someone else's property or interests caused by client's crime/fraud
4. get legal advice on complying with MPRC
5. in a case where client is suing lawyer for ineffective counsel or malpractice
6. comply with the law
7. resolve conflicts of interest resulting from lawyer's change in employment (but only if it doesn't prejudice client)
Caitlin is prosecuting a man for drug dealing. She finds evidence suggesting he didn't do it, but she still prosecutes him because she knows he assaulted his wife. Is that bad or nah
Yes girl bad under 3.1 you have to have basis in law/fact to bring a case
and 3.3 cannot lie before court
What's the one time a lawyer does not have to communicate fees to a client? (1.5b)
when this is a regular client being charged at the same rate