different role of lawyers

Question 1

if client wants to sell their business, asks you to assess their legal exposure to show potential buyer, can you give the evaluation straight to buyer?

Answer 1

If no significant risk to client –> no
If significant risk to client -> must obtain informed consent before sending it to 3P

Question 2

in a negotiation, can you exaggerate your client’s bottom line?

Answer 2

yes, that’s the nature of negotiation

Question 3

if lawyer is acting as 3P neutral (arbitrator), what are your obligations?

Answer 3

if you think a party is confused about your role as neutral, you have to explain your role to them

Question 4

prosecutors must

Answer 4

have PC
accused is advised of right to counsel
ensure accused given opportunity to get counsel
cannot help bury evidence that might help prove D’s innocence

Question 5

does a prosecutor have to promptly disclose new credible material evidence of wrongful conviction in another jurisdiction?

Answer 5

yes

Question 6

what are the prosecutors obligations in terms of public statements?

Answer 6

cannot make statements that heighten prejudice towards the accused, and take reasonable steps to make sure law enforcement does not

Question 7

when lawyers are appearing before legislators, what are their duties?

Answer 7

if you are there on behalf of client, you have to disclose that, but you dont have to disclose who your client is

Question 8

when you are representing an org before legislature, who is your duty owed to?

Answer 8

the org, not the people

Question 9

when you are corporate counsel and you learn that someone at the org violated a duty or law that may cause substantial harm to the org?

Answer 9

duty to report within the org
if no action is taken, and you believe reporting is necessary to prevent substantial bodily harm or injury, then you MAY report the org to agency even if confidentiality applies

but reporting is not required, even in the face of serious bodily harm

Question 10

do lawyers have a duty to report to external agency when he is hired to investigate a violation?

Answer 10

no

Question 11

MUSt a lawyer report to outside agency if he thinks that the org will be substantially harmed by some violation and org’s authority does too anything about it?

Answer 11

NO, a lawyer may report even if confidentiality applies

Question 12

securities lawyer special obligation

Answer 12

If a securities lawyer becomes aware of credible evidence that her client is materially violating a federal or state securities law, she must report the evidence to her client’s chief legal officer (“CLO”).

if CLO does not respond, then she MUST report to board of directors

if no action is taken, lawyer MAY report to SEC