Final Part 1 Flashcards
if you’re representing someone and they ask if you could talk to their boyfriend who was recently arrested for outstanding speeding tickets and provide him with legal representation and that she is happy to pay the legal fees After agreeing to represent him, you review his criminal record and find that he’s been charged 5 other times with domestic violence of former spouses and gfs. two of the cases resulted in serious physical injuries. Can you tell his girlfriend that hired you?
No. You are required to keep this information completely confidential. Absent a higher degree of certainty that your client’s actions will cause immediate bodily harm, confidentiality duty applies
will a lawyer likely get sanctioned under ethics rules for failing to cite in her appellate brief a recently decided Supreme Court decision that would have greatly increased the likelihood of success in the case?
no
an indigent defendants was charged with armed robbery and facing up to 15 years in prison if convicted. The superior court where he was arraigned appointed you to represent him. After being informed of your identity, your client did some internet research and found that you have little experience in criminal cases. He also found that the defendants in all but one of the criminal cases you handled were found guilty in their trills. Your client sends a letter to the judge stating that he would like to fire you and have another lawyer appointed and gave detailed reasons. How will the court likely respond to the request?
deny the request (indigent clients generally do not get to choose attorneys)
if your client publicly asserts that you provided him with sub-standard representation and that the outcome would have been different if not for your substandard representation, what is the best argument that you can disclose information?
if the client sued you for malpractice and your disclosure becomes part of your defense against the claims. Self-defense exception to confidentiality requirement
if you are representing 100 former NFL players with a range of brain injuries who allege that the NFL was aware of their injuries and you get a call from a group of current NFL players who are interesting in hiring you and joining the class. None of these players have any current symptoms of brain injury, bu are all concerned about their future health and all believe they may have been injured as a result of NFL’s lack of disclosure. Can you add those clients to the class?
No. the interests of the two groups of clients are too different to allow one attorney to represent both without a conflict
a law firm is representing a large health maintenance organization on a wide array of matters, including medical malpractice defense cases. The opposing side is bringing this suit alleging malpractice from catching a severe infection after surgery. The lawyer schedules a settlement meeting with the patient. After the meeting, the lawyer’s paralegal notices that the patient’s attorney has apparently forgot his memo he brought with him to the meeting. What should the lawyer do?
immediately contact the patients’ counsel to arrange a return of the memo and should not read it and should order the paralegal not to discuss its content with anyone. (Always a rule for inadvertent or accident disclosure of confidential material)
The United States Attorney’s office for Eastern District of New York is engaged in an investigation of potential political corruption of a Brooklyn Councilperson. The office has not yet sought indictment but received information that she has repeatedly and knowingly violated campaign finance laws and taken bribes from local business people. Prosecutors in the office contacted her former chief of staff and convinced her to meet with the councilperson to get her to admit to criminal acts that might support prosecution. The prosecutors have already reached out to the councilperson for some information and they are aware she is represented by legal counsel. If the former chief of staff meets with the councilperson and induces her to make incriminating statements that are later used to support her conviction what is a court likely to conclude?
that the US Attorney’s action did not violate the applicable ethical rules for the 6th Amendment (courts have universally held that wiring informants in investigations pre-indictment does not violate constitutional rights of target of investigation or ethical rules regarding contact with represented parties or prohibitions on false or misleading conduct f lawyers.
if your firm is representing a company with more than 40 products liability claims filed by it’s customers and you leave the firm and take a job with the firm that’s representing the other side, can they still hire you?
Yes if the firm demonstrates that it took substantial and reliable measure to make sure that you have no involvement or any connection to the case once you join the firm.
you are an attorney in the Federal Public Defender’s office in the Southern District of NY and you’re assigned to represent 3 defendants in a Federal Drug conspiracy case does the judge have an obligation to investigate whether the joint representation creates any potential conflicts?
No, it is your obligation to make that determination
you’re representing your client in a divorce case who was married for 14 years. You had several preliminary discussions with your client and believe that she might take the low initial offer and not want to negotiate. The offer includes custody of her children. Your client made it clear that she feels guilty about leaving her husband and believes he’s a good person and dedicated father. She seems to be eager to have the divorce process quickly as possible on any terms that would be amendable to her husband. what is the most appropriate way for you to respond to the settlement offer from her husband’s lawyer?
immediately communicate the offer to your client (always right answer in regard to communicating settlement offers)
if someone got hurt while driving for a food delivery service and kill someone. He gets charged with reckless driving and involuntary manslaughter. While in the hospital he gets a visit from two members of a law firm that represent the food service co. They tell him that it’s their job to provide help and advice to employees who get into legal difficulties. He consider them to be his lawyers and tells them everything including that he had two beers with lunch and is convinced that’s not enough alcohol to impair his judgment. Later he hires his own criminal defense attorney after seeing their ad on tv. During the investigation, the States attorney handing the prosecution issued a subpoena to the attorneys who took his statement in the hospital asking for any statement they might have regarding the accident. How should the attorneys respond?
they should provide a transcript made by him at the hospital. No A/C relationship exists here because of the presence of third parties during the statement, material is confidential, but confidential information is subject to disclosure in response to office government requested
If at a party, your uncle says that he wants legal advice and tells you about his intent to draft a new will. You tell him that you never took wills in law school but you’d be happy to help sometime in the future but you have no intention of doing so as you’ve already accepted a job. years later your uncle passes away and a legal dispute arises over his will and your mother asks you to represent her at a meeting between several lawyers representing family members. You agree but when you show up, you are informed that your listed as one of your uncle’s attorneys. If you file a motion in court challenging your exclusion from representing your mother in the legal process regarding the will, what would the court rule?
That you were not your uncle’s lawyer because you never had a subjective intent to work for him and never did any such work (payment is not required but a reasonable belief that a legal representation is being provided is to create an A/C relationship)
You recommend that your client ask the charge to charge both murder and manslaughter because you believe that the jury, faced with the choice of murder or acquittal will choose murder but given manslaughter as an option they will go for the lesser offense with a sentence of 5-10 years instead of possible life. You think acquittal is extremely unlikely and followed this strategy in many other cases. You also tell your client that he doesn’t want to spend even a short time in jail and is willing to take the risk of a longer sentence if it means he might be released immediately. Your client does not change his mind. what is the best course of action for you?
to follow the client’s intent and request the sole charge of murder
(always the answer in a situation like this - follow the client’s intent in regard to potential charges in a criminal case)
a company is represented by a firm for more than 25 years. one month prior to the largest deal the company has ever made sends a letter to their lawyers thanking them for past legal representation but informing them they decided to hire new legal counsel and will no longer be needing their services. If the firm files a motion in the local district court challenging this action by the co. how would the court likely respond?
reject the motion (clients can fire lawyers whenever they want and for whatever reason)
If you’re representing the manager of an investment fund who has been sued by several of his present and former clients alleging that the manager provided false and misleading information to his clients in order to induce continued investment even after the fun had experienced a severe loss of value. The Manager tells you he is going to release a statement with false information. If investment fund managers have a legal obligation to provide complete and truthful information about the value of transactions of the fun to all customers are you allowed to tell former fund clients prior to the issuance of the statement of the manager’s plan to provide them with false information?
Yes. Future crime exception applies and generally allows, but does not require, an attorney to disclose confidential information when there is potential for substantial financial harm
