Problems in Specific Practice Areas

Question 1

Insurance Lawyer

Insurance Defense

Answer 1

Duty to policy holder if adversity
Liable to policy holder and maybe insurer for malpractice
Settlement advice given in policy holder’s interest (DESPITE policy terms to the contrary)

Question 2

In Counsel

Review

Answer 2

MR 1.1 : Competency
MR 1.2(d): Assisting/counseling crime/fraud
Balla: retaliatory discharge
Investigations: consider Upjohn/ACP, beware unintentional clients (Togstad)
CLO & SEC standards

Question 3

Government Lawyer

MR 1.13

Answer 3

applies to government orgs, but comment 9 declines to define as agency, branch, or whole government
OPEN Q: Who is the client? DOJ, OWHC, Admin Agency
Sally Yates

Question 4

Special Responsibilities of Prosecutors?

Answer 4

MR 3.6 Trial Publicity
Covers:
–public statements
–while participating in investigation or litigation
–with substantial likelihood of prejudicing proceeding
May convey ID of parties, claim, defense, etc.
Presumptively inappropriate topics in comments to rule
May respond to prejudicial statements of others

Question 5

MR 3.8(f)

Answer 5

No application outside of prosecutors

Public statements substantially likely to heighten “public condemnation”

Question 6

MR 3.8(a)

Answer 6

Dont charge without probable cause

Question 7

MR 3.8(g) and (h)

Answer 7

Post conviction:
Disclose and investigate new credible and material evidence creating reasonable likelihood of innocence Seek to remedy clear and convincing wrongful conviction