Question
Theo Thomas was injured when his car was hit by Jed Wilson. Theo started his search for an attorney at Jill Nolan's office. When he
Theo Thomas was injured when his car was hit by Jed Wilson. Theo started his search for an attorney at Jill Nolan's office. When he said he wanted to sue someone who hit him, Jill stopped him, "Wait, before you tell me any more details, who was the driver of the other vehicle?" "Jed Wilson," replied Theo. "I'm sorry, but I can't represent you because I'm already representing Mr. Wilson," answered Jill. Theo left and went to Tiffany Smith's office. They connected well and Tiffany agreed to represent Theo. Jed had talked to Tiffany before Theo had, but Jed decided to hire Jill instead. Tiffany didn't ask for any details about the accident when she met with Jed earlier. However, he had mentioned that he was concerned because his car had failed to pass inspection the week before the accident due to issues with the brakes, which he hadn't had time to fix before the accident. Rick Richardson is a recent law school graduate who recently passed the bar and works for Tiffany. Tiffany told Rick to go over the facts of Theo's case with him. Theo explained all the details to Rick, including that he had four beers shortly before the accident and felt "tipsy" when he got in his car. Later that day, Tiffany told Rick, "I've got to be in court tomorrow. Can you be there for Theo's deposition?" Theo had done a mock deposition once in law school two years ago and agreed to represent Theo in the deposition. That night, Rick spent a few hours reviewing his law school notes on depositions. At the deposition, Theo said he had only had one beer before getting in the car and didn't mention feeling tipsy. Otherwise, his testimony aligned with what he'd told Rick earlier. Rick relayed all the details of Theo's deposition to Tiffany, including that he said he'd only had one beer when he'd previously said it was four. "Really?" asked Tiffany, "That's great!" "Oh, okay," replied Rick, "I wasn't sure what to do when he said it, but, if you think it's fine, I won't worry about it." "It's more than fine, it's excellent. Great job with the deposition," said Tiffany. The next day, Jed's attorney, Jill, called Tiffany and offered to settle the case for $12,000. Tiffany thought about the offer. She knew that Theo could get at least $50,000 if the case went to trial and they won, but she also knew that if Theo's drinking came out, he could end up with nothing. Based on her extensive experience, she thought Theo would probably win in a trial, so she decided to decline the offer and go to trial. Not wanting Theo to accept a low offer, she didn't mention it to him. In preparation for the trial, Rick found a potentially damaging case that Jill had not mentioned in any of her filings and brought it to Tiffany's attention. "I found a binding case from our jurisdiction that could really hurt us," he told Tiffany. "Oh, is it binding on our case?" asked Tiffany. "Afraid so, do you want me to add it to your notes for trial?" asked Rick. "Yeah, but I'm not going to bring it up unless the other side does. Really hope they don't find it because it could hurt Theo's case." Tiffany answered.
Analyze Tiffany, Rick, and Jill's situations under the Model Rules of Professional Conduct.
please answer with all the relevant ABA model rules with IRAC in detail thank you
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started