Question
An attorney works for a state's law enforcement departmentThe attorney handles a major consumer fraud case during the last year she works for the department.
An attorney works for a state's law enforcement departmentThe attorney handles a major consumer fraud case during the last year she works for the department. As lead counsel, she works on the discovery. litigation, and appellate phases of that case concerning a telemarketing investment scheme perpetrated by a telemarketing corporation. The corporation defrauded thousands of people of substantial amounts of money, including the life savings of many of the victims. Pursuant to state law, the department makes certain data that the attorney gathered when working on the case available to the public. The final judgment in the department's favor enjoins the corporation's domestic operations but does not enjoin the corporation's foreign operations. This judgment imposed substantial punitive fines against the corporation. Pursuant to the controlling law. individuals can bring their own actions against the corporation for damages arising from its fraudulent activitiesThe attorney opens her own law office after leaving the department. Five individuals filed separate actions against the corporation alleging damages from its fraudulent activities attributable to the foreign operationsThe corporation contacted the attorney seeking her representation in those actions. Will the attorney be subject to discipline by defending the corporation in these private actions?
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