Question
I have questions about the Model Rule issues in U.S. I want to figure out the fact and which rule to apply to. why or
I have questions about the Model Rule issues in U.S. I want to figure out the fact and which rule to apply to. why or why not? If someone can help me that, I will be very appreciated.
Problem 1 a. A partner at your firm,Sloan Cooke,represents a family run restaurant, Millienot's pizza. Millienoti's is a successful pizza place that grosses a $1,000,000 a year. Mom and Dad Millienoti are retiring and want to sell the restaurant and the secret family pizza recipe to their sons Uselez and More. More is a lawyer who has made a lot of money in a successful law practice and is also Cooke's best friend since childhood. More and Cooke hang out every Saturday night. More tells Cooke that he wants Cooke to represent More in buying out Uselez. More offers to give Cooke a 33% ownership interest in Millienoti's pizza if the Cooke represents him in the buyout. More doesn't want to put the 33%ownership agreement in writing; he is not much for formalities. More says,"Cooke, it's a wonderful world. We are best friends since childhood,a handshake agreement is good enough."Given their close friendship and the nature of the family business, Cooke is inclined to agree that formalities and writings are unnecessary. Uselez finds out and hires a different lawyer to represent him against More. More is upset and calls Uselez and asks why More hired a lawyer. In the cal, More discusses the purchase price with Uselez to see if they can reach an agreement. Cooke asks you for a memo discussing all ethical issues.
B. Frank Fleetwoode, another partner at your firm, has a client who is hearing impaired and comes to see Fleetwoode about representation in an urgent matter. A petition for temporary restraining order has been filed against the client. There are verified affidavits attached to the petition from several bank officials alleging that the client committed a fraud on their bank.The petition seeks to freeze the client's assets on an emergency basis. Fleetwoode will need to file a verified response by the end of the next day. The client communicates fluently in sign language, lip reads and also can communicate by writing/typing. The client has advised Fleetwoode that the affidavits are nothing but rumors. Fleetwoode is concerned because he doesn't know sign language and is worried about missing information vital to the response that needs to be filed. Fleetwoode wants to know if there is an obligation to hire someone who knows sign language as a translator or what other steps should be taken to make sure the information is accurately obtained from the client. Fleetwoode is also worried that if the firm hires a translator there may be issues of confidentiality or privilege.
Do the obligations change if Fleetwoode thinks the client is suffering from diminished capacity? Or speaks a foreign language that Fleetwoode doesn't understand? What needs to be done before a response is filed in any of these circumstances? Provide Fleetwoode with a memo on any ethical issues raised by this scenario.
Problem 2
a. A partner at your law firm, Stevie Kicks, was asked on Monday morning to assist Tyler Thames in the purchase of a $30 million dollar mansion ("Silver Springs") in Malibu from Laramie Ellison,the CEO of Oracus corporation, as well as the purchase of Ellison's 3 yachts worth well over a million dollars.Kicks does work from time to time for Ellison and represented Ellison several years ago when he purchased Silver Springs. Tyler was born overseas but is obtaining a college education in California. Although Tyler lives in California, Tyler is the child of a prominent leader in another country. Tyler has a low-level position in the government of that country that pays a small annual salary. Tyler has offered to pay a large fee of $250,000 if Kicks will represent him in these transactions and close the deals by Friday afternoon. Kicks wants to know what to do before going ahead to represent Tyler.
Kicks asks you for a memo advising on all ethical issues.
b. Stevie Kicks is defending a paint company, Colors, in a lawsuit filed by a sehool district. The suit alleges that Colors uses lead in its paint. Use of lead in paint is illegal and dangerous to the health of the children at the schools. The lawsuit also alleges that the CEO of Colors, John Fogerty, is aware that the testing results on the paint are falsified. An attorney employee of Colors, Risin Moon, released to the press information obtained from Colors'records about the allegedly false testing. Risin Moon also attached the same information to a Twitter post @badmoonrisin. Upon learning of the public release of Colors'information, Fogerty fired Risin Moon. At Kicks'request, you have reviewed the information released to the press and the Twitter post. The information appears concerning, meaning it looks like the information Risin Moon obtained from Colors might be accurate. In furtherance of the representation of Colors, Kicks wants to interview Fogerty about the allegedly false testing. Kicks wants the firm to potentially represent Fogerty and Colors although Kicks has not yet been retained by Colors. Kicks asks you how to conduct the interview with Fogerty and to report on any other ethical issues raised in this scenario.
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