Question
1. The duty of confidentiality and the law of solicitor-client privilege are different. Discuss some of the core differences. (5 points) [Length guidance: <350 words]
1. The duty of confidentiality and the law of solicitor-client privilege are different. Discuss some of the core differences. (5 points) [Length guidance: <350 words]
2. I am a lawyer. Jim and John are my friends. Jim and John and married. Jim comes to my house for dinner. During dessert (and after having more wine than he should of), Jim tells me that he plans on leaving John and explains that he wants to get advice about how to arrange his financial affairs to minimize any spousal support liabilities. This exchange follows.
Me: Look, John is my friend too. I'm not going to be either of your lawyers. I don't like to mix friendship and work.
John: Of course, I get that. I don't want to hire you to represent me. Can you recommend a lawyer?
Me: Yes. [provides number]. They can help you with all your legal needs.
Jim: Perfect. Thank you. Later, I see John. As a friend I want to discuss his relationship with Jim and warn him that John is already thinking about litigation. I am interested to know my obligations.
a) Identify the core issue(s). (1 point)
b) Identity the core legal rule(s). (1 point)
c) Analyze the problem. (4 points) [Length guidance: 300-500 words]
d) What's the bottom line? (1 point)
3. I just finished a trial. The jury found my client guilty of assault causing bodily harm after he beat someone up to collect a debt. The trial judge just sentenced my client to 2 years in jail. I visited my client in the cells to discuss their appeal rights. In the cells he said: I cannot believe that Henry testified against me. I am furious. I do not know when and I do not know how but there will be consequences for Henry. And they will be serious consequence. I'm going to hurt him just as badly as he hurt me. You know I'm serious. You've seen my record. I don't know what I will do but it will be bad. Maybe I'll mess with his head. Maybe I'll rough him up. Maybe I'll bankrupt his business. I'm not sure yet but I do know one thing: I've got two years to plan.
a) Identify the core issue(s). (1 point)
b) Identity the core legal rule(s). (1 point)
c) Analyze the problem. (4 points) [Length guidance: 300-500 words]
d) What's the bottom line? (1 point) e) Considering your conclusion, what would you say (if anything) to your client? (1 point) [length guidance: short. Two or three sentences.]
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