Attorney Charlotte who was representing Buyer in the purchas…
Attorney Charlotte who was representing Buyer in the purchase of a home emailed a purchase offer to Seller’s Lawyer. Shortly thereafter, Attorney Charlotte received an email directly from the Seller. The email provided the Seller’s analysis of the home’s worth and the lowest price that the Seller would accept. Immediately realizing that the email was intended for Seller’s Lawyer, Attorney Charlotte promptly notified Seller’s Lawyer that the Seller had inadvertently sent the email to Attorney Charlotte. Attorney Charlotte then told the Buyer about the email and its contents. The Buyer and the Seller later agreed on a purchase price. Attorney Charlotte’s use of information in the inadvertently sent email did not ultimately harm the Seller in the transaction. Is Attorney Charlotte subject to discipline?
Read DetailsPam is an elected District Attorney in Los Angeles County. D…
Pam is an elected District Attorney in Los Angeles County. During her re-election campaign, she appeared in a series of local TV ads claiming she had a “100% conviction rate in violent crimes” and was “endorsed by victims’ families for always fighting for justice.” These ads were paid for by a local victim advocacy group that Pam had supported by appearing at several of their fundraising events. While preparing for trial in a high-profile homicide case, Pam learns that the lead detective failed to turn over a piece of potentially exculpatory evidence – a recording showing a key witness giving conflicting testimony. Pam believes the evidence is unlikely to change the outcome of the trial but chooses not to disclose it, fearing it might delay the proceedings and harm her campaign image. Meanwhile, Art, a public defender who used to intern in Pam’s office, is defending the accused in that same case. Pam and Art previously dated during law school but broke up several years ago. They remain on cordial terms, occasionally texting and meeting up at legal events. Art has not disclosed this relationship to his client, and Pam has not disclosed it to the court. Separately, Christy, another deputy district attorney working under Pam, raises concerns about Pam’s decision not to disclose the recording. Pam tells her, “This is just politics – don’t overthink it.” Christy is unsure what to do next and considers reporting the issue to the State Bar. What professional responsibility issues are raised? Answer according to California and ABA, and note any difference if any.
Read DetailsCirrus Corporation has filed an application with First Bank…
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?
Read DetailsAttorney Alwin regularly appears before Judge Taylor, a tria…
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?
Read DetailsAttorney Saxon is a member of PHC, a private hunting club fo…
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?
Read DetailsLawyer Leroy represented a client, Cora, in commercial litig…
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?
Read DetailsSolo Attorney Sam agreed to represent Client Cyrus in a comp…
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?
Read DetailsAttorney Bea, a criminal defense attorney, was appointed to…
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?
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