I have some questions about legal ethics. I want to figure out which rules to apply to and why this rule can apply to the questions. If someone can answer me those questions, I will be very appreciated.

Question 1

Imagine you are an associate at the law firm Zoom & Chat in a state that has adopted the Model Rules. The partners to whom you are assigned ask you questions about the following situations.

A.The governor of your state ordered all non-essential businesses including law firms, to close their offices. Many attorneys and staff at Zoom & Chat have to work from home for the first time. The attorneys and their staff were not prepared to work remotely from a home office and have questions about their ethical responsibilities, including the use of email, cell phones, text messages, video chatting and teleconferencing. The partner wants you to prepare guidelines to be used by the firm to assure that its lawyers and staff comply with their ethical obligations. Please prepare the guidelines and indicate which rules you are using.

B.A prospective client, Avery, has contacted a partner about a new business deal. Due to the stay-at-home order, the partner only met Avery on Zoom. All information that partner gives you was provided by Avery. Avery is a representative of Harper, who is political operative from another country. Harper earns the salary of a schoolteacher. Harper has money and wants the firm to represent him in transactions to invest the money through purchases of luxury real estate developments in your state. Harper will not meet with the partner due to concerns about revelation of his identity. The fee Avery offers the firm to take on these transactions for Harper is over several million dollars. Business is slow. The partner wants to take on these new matters. What do you advise the partner and why? Indicate what rules guide your advice.

C. Another partner has a client who is charged with battery of his wife. Before the case is concluded, the husband and wife have another fight. This time the wife draws blood and she is charged with battery of the husband. The husband and wife have now asked the partner to represent the wife in her criminal case hoping that if they join forces, the State will dismiss both cases. The partner wants your advice as to whether or not she can represent both parties. What do you advise her and why? Indicate what rules guide your advice.

QUESTION 2

Eden Elling works for the law firm, Alpha Epsilon (AE), who represents Big Corp. an international company in the telecommunications industry. Big Corp. is being investigated by the SEC in connection with false or misleading disclosures allegedly made by Big Corp. in connection with the sale of securities. The chief executive officer of Big Corp. hires AE and instructs AE to conduct an internal investigation of Big Corp. CEO asks that AE interview corporate officers, audit Big Corp.'s books and determine whether any illegal activity had occurred. Elling is working on the matter with Jamie Stewart, a partner, as well as another associate, Lee Remick. Benjie Gazzara is the chief financial officer (CF0) of Big Corp. As the CFO, Gazzara's job responsibilities included participating in decisions regarding all financial disclosures filed by Big Corp. with the SEC. Gazzara was also involved in the decision by senior management to hire AE to conduct the internal investigation of Big Corp. Due to Gazzara's involvement with the company's SEC disclosures, Elling and Stewart interview him for an hour. During the meeting Stewart explains to Gazzara the nature of the investigation and the penalties for filing false disclosures with the SEC. Gazzara then asks Stewart, "Can I trust you?" Stewart answers, "You know we are on the same team." Gazzara says that he might have been involved in the false disclosures filed with the SEC. Although Remick was not present at the Gazzara interview, she had been advised of the CEO's directions to investigate, and had done legal research on the consequences of false or misleading disclosures to the SEC. The next day, Elling, and Stewart report to the Board of Directors that Gazzara falsified the SEC filings. Remick is present during the report although she doesn't speak. The board of directors fires Gazzara. The Board also instructs Stewart to advise the SEC that the false disclosures were the act of a rogue officer, Gazzara, who has been fired. The SEC informs the Justice Department about Gazzara's misdeeds resulting in Gazzara's indictment for securities fraud. The SEC closes the investigation of Big Corp. Several months pass. Remick leaves the AE firm and gets hired at Slater Moon (SM). Gazzara retains the SM firm to sue AE for breach of fiduciary duty. SM files a lawsuit, Gazzara v. AE. The complaint alleges that AE breached its fiduciary duties to Gazzara by revealing client confidences to the SEC and then the Justice Department. The complaint also alleges that Gazzara is depressed, and has been unable to find employment as a result of AE's actions. The day the complaint is filed SM screens Remick from the Gazzara v. AE case. Elling is assigned to defend Big Corp. Elling files a motion to disqualify SM and a motion to dismiss the lawsuit. Stewart asks Elling to investigate Gazzara. Elling decides to use a fake name and try to join Gazzara's LinkedIn network. Unknowingly, Gazzara accepts the request. Through LinkedIn, Elling discovers that Gazzara is making a lot of money as an independent contractor for several telecommunications firms and also seems to have a very active and happy life.

Analyze the ethical issues presented above using the Model Rules and any other relevant materials. Include a discussion of the basis for the motion to disqualify the SM firm and the basis for the motion to dismiss the lawsuit.