The local church wanted to increase donations so it asked a…
The local church wanted to increase donations so it asked a lawyer to represent church members who wanted to leave money to the church in their wills. The church agreed to pay the lawyer for work he did in which a bequest to the church was included in the will. The church then sent out a notice to members stating that any member who wanted to leave money to the church could use the lawyer and the legal fees would be paid by the church. Jane, a member of the church, contacted the lawyer about leaving a gift. The lawyer asked Jane if she would consent to allow the church to pay her legal fees and he informed her that the church could not interfere in the representation. Jane consented. Jane proposed two possible gifts and the lawyer without Jane’s permission asked a church leader which gift was preferable. The lawyer completed the work competently for Jane in drafting the will. Did the lawyer violate any provision of the Model Rules?
Read DetailsA plaintiff was injured in an elevator and hired lawyer A to…
A plaintiff was injured in an elevator and hired lawyer A to represent him. Lawyer A entered into a standard written contingent fee agreement with the plaintiff for a one third fee. After two months of working on the case, Lawyer A informed the plaintiff that the case would be better off with a lawyer who had experience with these types of accidents. Lawyer A proposed that the plaintiff consent to allow the case to be transferred to Lawyer B, who worked for another law firm. Lawyer B agreed to charge the plaintiff on the same terms as the first agreement with Lawyer A. The plaintiff agreed to the transfer. Note that Lawyer B agreed to pay Lawyer A a flat fee of $5,000 for the work that A had done on the case. The plaintiff was not informed about this payment because it related to the work that A had performed on the case and the plaintiff was not responsible for the $5,000. Lawyer B won $5 million dollars for the plaintiff at trial. Are Lawyer A and Lawyer B subject to discipline for transferring the case?
Read DetailsA lawyer has represented a single elderly man, Client, in hi…
A lawyer has represented a single elderly man, Client, in his business affairs. Client has only one living relative, Sister, with whom he has a friendly relationship. Client also has a close friend, Doc, who happens to be Client’s physician. During the past year, the lawyer begins to notice a significant change in Client’s mental capacity. Client has failed to fill out required state forms on taxation and workers’ compensation. Lawyer has reminded Client about these obligations and Client seems to say, “OK, I will remember next time.” It is the lawyer’s reasonable relief that Client can no longer act in his best interests. And, the lawyer reasonably believes that Client is likely to suffer substantial financial injury due to the inattention to the tax and workers’ compensation forms. There are no ongoing matters for Client that would be affected by the possible disclosure of Client’s condition. Thus, lawyer first contacted Sister and asked her whether Client had suffered some health problems. Sister said she did not know of any problems. Attorney then decided to ask Doc about Client’s condition. Doc told the attorney that no specific medical changes had been noticed in the last year. Attorney decided not to pursue this any further. Was Attorney’s conduct in compliance with the Model Rules?
Read DetailsA defense lawyer represents a defendant accused of murdering…
A defense lawyer represents a defendant accused of murdering his business partner. The defendant is out on bail and a jury was empaneled on a Friday before a Monday trial date. Over the weekend, the defendant informs his lawyer that he personally contacted all of the jurors and that he bribed two of them to vote his way and threatened another one to do so or else suffer the same fate as the murder victim. The lawyer reasonably believes that the defendant did in fact bribe and threaten members of the jury. Which course of conduct conforms to the Model Rules?
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