Question
4. After retaining Jeremiah Jenkins as legal counsel, Bill, indicted for grand larceny, fled the state to save himself from trial and possible conviction. After
4. After retaining Jeremiah Jenkins as legal counsel, Bill, indicted for grand larceny, fled the state to save himself from trial and possible conviction. After investigating the facts Bill provided, and conducting exhaustive legal research, Jeremiah determines that the indictment is defective on its face, and reasonably believes that the case should be dismissed as a matter of law. Jeremiah has no idea where the client is hiding, so when Bill finally calls the office, Jeremiah informs him of his legal opinions and urges him to surrender immediately. Bill refuses to turn himself in, and instead, begs Jeremiah to tell him how to avoid being apprehended. After the conversation, Jeremiah informs the DA's office that he is representing Bill, that he has advised Bill to go to the police, and that Bill refuses to follow his advice.
Is Jeremiah subject to discipline if he continues to represent Bill?
- Yes, because Bill is engaged in continuing illegal conduct.
- Yes, because Bill refused to accept Jeremiah's advice and surrender.
- No, because Jeremiah is not counseling Bill to avoid being arrested.
- No, because Jeremiah reasonably believes the indictment is defective.
5. Brenda Backbiter hires Frank Forthright to file a defamation suit against her ex-best friend, Sally Sensitive, and to "spare no expense" in winning. After Sally's attorney has filed the answer to the complaint, Brenda instructs Frank to have a private detective assigned to case. Frank hires "Pink Pete's Licensed Investigative Services, Inc." Pete is paid to strike up a conversation with Sally at a local bar without letting her know that he has been hired by Forthright's firm. Sally consumes a large amount of alcohol, complements of Pete's expense account, and admits that the defamatory statements were untrue and completely unfounded.
In obtaining the admission from Sally, has Frank Forthright acted unethically?
- No, because he was following the instructions of his client.
- No, because Pete was a licensed investigator.
- Yes, because Pete took advantage of Sally while under the influence of alcohol.
- Yes, because Frank instructed Pete to interview Sally.
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