Cirrus Corporation has filed an application with First Bank for a $900,000 loan to be secured by a lien on Cirrus Corporation’s inventory. Because the inventory, consisting of small items, constantly turns over, the security documents will be complex and, if improperly drawn, could result in an invalid lien. First Bank has approved the loan on the condition that Cirrus Corporation and First Bank jointly retain an attorney to prepare the necessary security instruments and that Cirrus Corporation pay the attorney’s fees. Cirrus Corporation has identified an attorney who specializes in secured credit and has asked the attorney to represent both parties in the transaction. Both Cirrus Corporation and First Bank have given informed consent in writing to the attorney’s representation of both parties. This arrangement is customary in the city in which the attorney’s law office and First Bank are located. The attorney reasonably believes that he can adequately represent the interests of both Cirrus Corporation and First Bank. Is it proper for the attorney to prepare the security documents under these circumstances?

Attorney Alwin regularly appears before Judge Taylor, a trial court judge who is running for reelection in six months. Over the past year, Attorney Alwin has noticed that Judge Taylor has become increasingly ill-tempered on the bench. Not only is Judge Taylor abrupt and critical of lawyers appearing before her, she is also rude and abusive to litigants. On more than one occasion, Judge Taylor has thrown her gavel across the courtroom in a fit of temper. Judge Taylor’s conduct on the bench is often the subject of discussion whenever a group of lawyers meets. Some lawyers are automatically filing requests for judicial substitution whenever a case in which they are to appear is assigned to Judge Taylor. Attorney Alwin discussed the matter with his law partners, who rarely make court appearances. Attorney Alwin’s law partners suggested that he, too, file a request for judicial substitution whenever one of her cases is assigned to Judge Taylor. In addition, Attorney Alwin and her law partners discussed the possibility of reporting Judge Taylor to the appropriate disciplinary authority but are concerned that this would alienate the other judges to whom their cases are assigned. Attorney Alwin has reluctantly started filing for substitution of Judge Taylor in every one of his cases to which Judge Taylor is assigned, but he has taken no further action. Is Attorney Alwin subject to discipline?

Attorney Saxon is a member of PHC, a private hunting club founded by Attorney Saxon’s grandfather and 36 other men more than 100 years ago. PHC’s bylaws and membership policy restrict PHC’s membership to male descendants of the founders. Attorney Saxon played no role in formulating the policy, which does not violate state law. However, as chair of PHC’s membership committee, Attorney Saxon follows and enforces the membership policy. Attorney Saxon has never solicited clients through his PHC membership nor discussed his law practice with other PHC members. Attorney Saxon has also never entertained any clients or other lawyers at PHC’s facilities.  Is Attorney Saxon subject to discipline?

Lawyer Leroy represented a client, Cora, in commercial litigation that was scheduled to go to trial in four months. Recently, Client Cora had disagreed with almost every tactical decision that Lawyer Leroy had made. Frustrated, Lawyer Leroy finally said to Client Cora that if she did not like the way he was handling the lawsuit, she should get another lawyer. Client Cora, who had timely paid each of Lawyer Leroy’s invoices for services, was upset at the suggestion and accused Lawyer Leroy of trying to get out of the case. Reasonably believing that he could no longer work effectively with Client Cora, Lawyer Leroy sought Client Cora’s permission to withdraw from the representation, and Client Cora reluctantly agreed. After giving Client Cora sufficient notice to obtain replacement counsel, Lawyer Leroy requested the court’s permission to withdraw from the litigation, but the court denied the request. May Lawyer Leroy withdraw from the representation?

Solo Attorney Sam agreed to represent Client Cyrus in a complex real estate transaction. Solo Attorney Sam decided to work on the transaction with Lawyer Edward, a more experienced lawyer at a different law firm. Lawyer Edward agreed to perform 60% of the legal work and to receive 40% of the fee. Solo Attorney Sam and Lawyer Edward both agreed to assume joint responsibility for the representation, and the total fee was reasonable. Client Cyrus agreed to the terms of the arrangement, including the shares of the total fee that Solo Attorney Sam and Lawyer Edward would receive, but the agreement was not confirmed in writing. At the conclusion of the transaction, Lawyer Edward received 40% of the total fee as the parties had agreed.  Is Solo Attorney Sam subject to discipline?

Attorney Bea, a criminal defense attorney, was appointed to represent Ingrid, an indigent defendant, accused of assaulting an elderly man. A year earlier, a woman severely beat Attorney Bea’s elderly grandfather; the woman was subsequently convicted and sent to prison. Because Attorney Bea had been extremely upset by these events, she had since declined to represent in her private practice any individual accused of physically assaulting an elderly person.  Nevertheless, because of the court appointment, Attorney Bea agreed to meet with Ingrid. After interviewing Ingrid, Attorney Bea believed that she could competently represent her, but that her repugnance toward Ingrid would be likely to impair the lawyer-client relationship. As a result, Attorney Bea sought to avoid the appointment, informing the court of her reasons for doing so without revealing any of Ingrid’s confidences.  Was Attorney Bea’s conduct proper?

Harry and Wilma are married but are fighting over custody of their minor children in an acrimonious marital dissolution proceeding. Harry believes that a favorable ruling of custody for him is more likely if he can show that Wilma engaged in improper or illegal behavior. Harry appeared in a crowded courtroom for a trial setting conference in the marital dissolution proceeding. His leg was heavily bandaged and he was using crutches to walk. When the judge called the case, Wilma stated that she was ready for trial but Harry asked for a continuance to allow him to receive needed physical therapy. When asked about the bandaged leg and crutches, Harry told the judge that Wilma had hit him with her car when he came to the family home to visit the children. Harry added that he was going to file a criminal complaint while in the courthouse against Wilma. The judge agreed to continue the trial setting conference for 90 days while Harry obtained physical therapy and the potential assault and battery was investigated and prosecuted, by the district attorney. Harry filed a criminal complaint with the prosecutor’s office against Wilma. She was arrested, charged and released on her own recognizance. Harry posted pictures – on Tell-It-All, a large social media platform with over 5 million users – of his bandaged leg and an old picture of Wilma dressed as a witch at a past Halloween party. The text accompanying the pictures contained allegations that “my wife” had tried to kill him. The investigator for the prosecutor’s office learned that there never had been any suggestion of violence between Harry and Wilma and that there was no evidence of damage to Wilma’s car or that Harry had sought medical treatment in connection with the alleged incident. The prosecutor obtained a dismissal of all charges against Wilma. Wilma then sued Harry for malicious prosecution, abuse of process, and defamation. What is the likelihood of Wilma prevailing on each of the claims alleged in her civil action? Discuss fully.

Martha Finnemore aligns with the constructivist theory in IR.

Niccolò Machiavelli’s IR perspective can be summarized as:

Liberalism in IR emphasizes: