For this assignment, you will write a case brief in FIRAC format (same as the previous case brief assignment). In addition to writing a case brief, you will also need to answer a few questions about ethical issues involved in the case and research Cambodian ethics rules.

You are free to discuss the case with classmates, but you must each write your case brief and answer the questions individually.

Grading: Your case brief will be graded primarily on content (as specified in the instructions below), but also on clarity of writing. You should write in full, grammatically correct sentences using proper punctuation and spelling. In addition, use paragraphs to organize your writing (although some sections of a case brief are 1 paragraph or less). Proofread carefully before submitting your brief.

This assignment counts as 10% of your overall grade for the course.

Instructions - Case Brief:

Read Croce v. Kurnit, 565 F. Supp. 884 (S.D.N.Y. 1982) which involved the widow of a famous singer (Jim Croce) suing an attorney. I've included some background material which may help you understand the role of attorneys (as well as managers and other roles in the music industry) as well as an edited version of the case.

Croce v Kurnit - Case.docxDownload Croce v Kurnit - Case.docx

Your case brief should include 1-6 below as section headings in the order specified.

2. Title (name of the parties) & legal citation
4. Facts
6. Issue
8. Rule: A statement of the rule of law applicable to the decision. You should also include the court's holding (based on the rule) in this section (1-2 sentences)
10. Analysis
12. Conclusion

Important Note: Since this class covers legal ethics, you are to limit your brief to any ethical issues involved in the case. Although the court addresses a number of legal issues, you should not discuss any legal claims unless they involve or are related to an ethical issue.

Instructions - Case Questions:

After reading the case and writing your case brief, answer the questions below. Provide legal citations for any rules of law and/or rules of professional responsibility that are applicable.

Question 1: One of the ethical issues from this case involves the fact that Kurnit had a conflict of interest when he advised Croce about the terms of the recording, publishing and management contracts in 1968.

(a) Explain what this conflict of interest was, including what specific interests are in conflict and the risk associated with the conflict.

(b) What rule from the ABA Model Rules of Professional Responsibility would apply to this conflict? Cite the specific rule and explain how it would apply.

(c) Are there any provisions in the Cambodian Code of Ethics for Lawyers and/or the Cambodian Law on the Bar which would apply to this situation. If so, identify and cite the specific provisions and explain how you believe they would apply, including whether the result would be the same or different than under the ABA Model Rule.

Question 2:

(a) Is there any way that Kurnit could have represented Croce without violating any ethics rules? Explain your answer and cite any relevant ABA Model Rule.

(b) Are there any provisions in the Cambodian Code of Ethics for Lawyers and/or the Cambodian Law on the Bar which would allow Kurnit to represent Croce in this situation? If so, identify and cite the specific provision and explain how you believe it would apply, including whether the result would be the same or different than the Croce court decision.

Length:There is no absolute number of pages or words required, but try to follow the suggested lengths for each section of the brief specified above.