For each of the following situations, answer the questions given with the situation as well as identify the attorney’s ethical responsibility to the client.
Situation 1: Attorney Pascal Chastain has received a notice of trial in the case of Jensch v. Quenzer. The trial will be held in 90 days. Numerous depositions have been taken in the case, but one more is necessary for the trial. It is the deposition of the eyewitness in the matter and is the most important deposition. The bill for the previous depositions exceeds $1,000 and has not been paid. Pascal’s client originally agreed to pay the bill but now says he is unable to do so. In addition, the client has not paid his legal fees to Pascal’s firm in three months and says he cannot do so. The court reporting service will not provide any more services to the firm until its bill is paid. All discovery must be completed 30 days before trial. What should Pascal do?
Situation 2: John Korengold asks Rose Riley to represent him in an action against the county. After hearing John’s story, making an independent investigation of the facts, and researching the applicable law, Rose concludes that present law does not support John’s position but that an argument exists for a change in the law. Should Rose take the case?
Situation 3: A disastrous airplane crash occurred at Los Angeles airport, and many people were killed. Lee Erickson specializes in airplane accident litigation and was interviewed on a local television show after the crash. During the interview, Lee remarked that the families of the victims should seek representation from attorneys experienced in air crash matters and that his firm is one of the few with such experience.
a. If Lee’s primary reason for granting the interview was to solicit clients, was the interview proper?
b. After the air crash, Lee placed an ad in the newspaper that gave the name, address, and telephone number of the firm and stated, “We specialize in air crash matters. No charge for initial consultation.” Was the ad proper?
c. Lee paid a personal visit to each of the victims’ families. After expressing condolences, he advised them of their rights against the airline and informed them that his firm would represent them against the airline. Was Lee’s conduct proper?
Situation 4: Zoua Xiong represented Darla Schlattman and Janet Jeffrey by preparing a partnership agreement for their business venture. Darla and Janet revealed to Zoua certain confidential information about their personal financial situations. A year later, the partnership broke up, and Darla has asked Zoua to represent her in litigation against Janet. Should Zoua accept the case?
Situation 5: Eric Anderson’s firm is representing Ernest Walker in a wrongful death action resulting from an automobile accident. Eric has worked extensively on the case, which has received substantial publicity in the local news media, including allegations that Ernest was under the influence of drugs at the time of the accident. A friend asks Eric whether the news reports are true concerning the condition of his client. What should Eric say?
Situation 6: Angela Pavek is representing Paula Erdmann in a matter involving a claim by the Internal Revenue Service (IRS) for unpaid income taxes for the years 2010–2013. Paula has informed Angela that, before consulting Angela, she gave the IRS false financial statements for the years in question. What should Angela do?
Situation 7: Theresa Enrica is on an annual retainer for Bendix Corporation to handle all its litigation. Bendix consults Theresa on a complex workers’ compensation matter. Theresa has had minimal training and no experience in such matters. Should she accept the case?
Situation 8: At the trial of a civil case, McCauley v. Jeffers, judgment was for client Molly McCauley, but she was not satisfied with the amount of damages awarded. She felt that she should have received more money. Molly demanded that her attorney, Patrizia Boen, appeal the matter on the basis of jury prejudice as evidenced by the small amount of the judgment. Ms. Boen polled the jury and does not believe that a good-faith argument can be made in support of Molly’s position. She informed Molly that she did not believe that an appealable issue exists, but Molly insisted that the matter be appealed. What should Patrizia do?
Situation 9: Rochelle Betterly is a new paralegal in a small law firm. She has a conversation with her attorney, at which time the attorney informs her that she will give Rochelle 10 percent of the fees on all legal cases Rochelle refers to the firm. Is the arrangement proper? What should Rochelle do?
Situation 10: Renee Farber has interviewed Brett Atkinson regarding a civil lawsuit for damages sustained by Brett as a result of a fight he was involved in at a downtown bar. Brett wants to sue a man for assault and battery. Renee reviews the documents and investigates the matter. She finds that Brett started the fight and that his opponent has filed many complaints against Brett for harassment. She also learns that Brett filed three previous lawsuits against this person for separate incidents of assault and battery. All three lawsuits were dropped when it was learned that Brett instigated each confrontation. Should Renee take the case?