Mаrgаret tells yоu thаt her neighbоrs have a cоnspiracy against her about their property lines. Even though her husband has hired several different individuals to assess the property, Margaret believes that her neighbors are paying all of them off. She also thinks that water is draining into their yard due to her neighbor’s horses. Even though there is no evidence of water draining into their yard or up through Margaret’s floors (like she professes), she gets angry at people who try to tell her otherwise. What is Ann’s diagnosis?
Dylаn wаs аrrested оne mоnth agо for the armed robbery of a neighborhood convenience store after an eyewitness identified him as the perpetrator. While in custody, Dylan recalled receiving a promotional postcard in the mail from Attorney Avery shortly before his arrest. The postcard contained the statements: “I HAVE NEVER LOST A CASE. NO CRIME IS TOO BIG FOR ME.” It also identified Avery as a “Criminal Law Specialist.” Avery had mailed similar postcards to individuals residing in certain high-crime zip codes as part of a broad marketing campaign. At the time, Avery had recently passed the bar and had just opened his own practice. He represents clients in a wide variety of matters. After receiving the postcard, Dylan contacted Avery and retained him to represent him in the criminal case. The prosecution of Dylan was handled by Prosecutor Paige, who was assigned to the case. One week before trial, Paige received a fingerprint analysis report from the county crime lab indicating that Dylan’s fingerprints did not match those recovered from the scene. Rather than disclosing the report, Paige chose not to use it at trial and did not provide it to defense counsel. Avery did not request any discovery materials during the course of the representation. During trial preparation, Avery also posts on his personal social media account: “Another strong case. Confident this one will end the same way as the rest. Justice always prevails when I’m in the courtroom.” At trial, the prosecution relies primarily on the eyewitness identification, and Dylan is convicted. What professional responsibility issues are raised by the conduct of Attorney Avery and Prosecutor Paige? Discuss fully.
Pаisley аnd Dаhlia bоth оwned bоokstores in Galena, Illinois. While Paisley’s Community Bookstore had a mixture of books, along with a coffee shop and gift store, Dahlia’s Vintage Bookstore specialized in used books. Paisley often reached out to Dahlia when a customer asked for a book that she knew Paisley’s Community Bookstore did not have. The standard business agreement between the two of them was that if Dahlia agreed to the sale, Paisley would generate a form agreement for Dahlia to sign, and Paisley’s Community Bookstore would receive the electronic funds from Dahlia’s Vintage Bookstore after receipt of the book. Since many of the books Dahlia’s Vintage Bookstore had in stock were extremely old books, Dahlia was careful in the decisions she made to sell these books. There were times when Dahlia had to ask for the sale to not go through for some reason, and Paisley had always been accommodating. One day, Paisley called Dahlia after a customer asked her if Paisley’s Community Bookstore had in stock the “Birds of America” book written by John James Audubon. After one of Dahlia’s assistants told her they found it in stock at Dahlia’s Vintage Bookstore, Dahlia told Paisley to send over a standard business agreement. There was a new paragraph in the agreement that stated that all disputes would be resolved by mandatory arbitration with no available attorney fees for the seller of the book, and that all sales were final with no returns. However, Dahlia did not notice this new paragraph when she signed it because she assumed it was just like all the standard business agreements. She agreed to sell the “Birds of America” book to Paisley’s Community Bookstore for $75. The day before Dahlia shipped the book to Paisley’s Community Bookstore, she received a phone call from a lady who worked for the Library of Congress. The lady from the Library of Congress explained to Dahlia that she had found out through the Dahlia’s Vintage Bookstore’s online that her bookstore had the extremely rare “Birds of America” book in stock, and she asked if Dahlia could check to see what edition it was. Dahlia retrieved the book and told her it was the first edition of the book. The lady from the Library of Congress gasped and said, “Did you know that book is worth $11 million? We’d like to offer to purchase that from you and we will pay you $5 million for it. Just think of all the people who can enjoy this book (who would not have been able to except for your sale) when it’s on display in the Library of Congress.” Dahlia immediately accepted and then called Paisley to tell her she could not sell her the book. Paisley became very agitated on the phone and was breathing loudly and told her that she was afraid that if Dahlia didn’t follow through with shipping her the “Birds of America” book as promised, she would suffer mental anguish. Dahlia didn’t know what to do, so she just hung up because she saw that the lady from the Library of Congress was calling her back on the second business line. What can Paisley do to recover the “Birds of America” book pursuant to the agreement? Discuss any defenses that Dahlia can make against Paisley.