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Question 1
A rather infamous television personality and ballyhooed composer of New Age music, Jack Tesch, ends up embroiled in a murder fiasco. Tesch is accused by the state of having strung up his manager with piano wire and forcing him to eat eighteen and a half pounds of duck liver pate prior to his death. The public is up in arms, demanding Tesch's own execution by lethal injection. Tesch is an old client of yours, and you are the first person he called when he was arrested. Of course, you expect a tremendous amount of publicity. You and Tesch figure you might as well milk the cow. You could use some extra cash. So the two of you agree that you will write a book on your experiences as his defense lawyer, and compensate him with a percentage of the profits. Are you subject to discipline?
Correct
Incorrect!
Correct
Incorrect!
Correct Model Rule 1.8(d) holds that before the end of representation, a lawyer 'shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.' The chief concern is that a lawyer will 'grandstand' to achieve greater media attention, all at the cost of representing the client with diligence. For example, a lawyer with a tony book deal might do what he can to make the ending of the trial as exciting as possible. He might avoid a reasonable settlement with the state in the form of a plea bargain, in favor of a stomach-turning verdict. Therefore choice (c) is the best answer. Choice (a) is incorrect because simply because the public craves information does not justify divulging, for example, client confidences. Choice (b) is incorrect because gaining consent does not mean your client will be protected from irreconcilable conflict with you once you begin your media storm.
Incorrect! Model Rule 1.8(d) holds that before the end of representation, a lawyer 'shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.' The chief concern is that a lawyer will 'grandstand' to achieve greater media attention, all at the cost of representing the client with diligence. For example, a lawyer with a tony book deal might do what he can to make the ending of the trial as exciting as possible. He might avoid a reasonable settlement with the state in the form of a plea bargain, in favor of a stomach-turning verdict. Therefore choice (c) is the best answer. Choice (a) is incorrect because simply because the public craves information does not justify divulging, for example, client confidences. Choice (b) is incorrect because gaining consent does not mean your client will be protected from irreconcilable conflict with you once you begin your media storm.
Question 2
A rather infamous television personality and ballyhooed composer of New Age music, Jack Tesch, ends up embroiled in a murder fiasco. Tesch is accused by the state of having strung up his manager with piano wire and forcing him to eat eighteen and a half pounds of duck liver pate prior to his death. The public is up in arms, demanding Tesch's own execution by lethal injection. Tesch is an old client of yours, and you are the first person he called when he was arrested. You duly represent Tesch in his murder defense, but unfortunately, you are unsuccessful, and the public gets what it wants a decree of lethal injection against Tesch. He exhausts his appeals, and is condemned to die. The case ends on a sad note for you and your client, as you have grown closer during the tumult. You and Tesch figure you might as well make the most of the situation, so the two of you agree that you will write a book on your experiences as his defense lawyer, and compensate his estate with a percentage of the profits. Are you subject to discipline?
Correct
Incorrect!
Correct A lawyer may buy media rights from a client following the termination of representation. Model Rule 1.8(d), which prohibits media or literary deals with clients related to the subject of litigation, only applies to deals made before the end of the representation. Tesch has exhausted his appeals, his case has ended, and you are thus entitled to negotiate for media or literary rights. Therefore, choice (b) is the best answer. Choice (a) is incorrect because if your representation of Tesch in this case were not over, whether or not he is about to die makes no difference for purposes of ethically obtaining literary rights. Choice (c) is not the best answer because once the representation has terminated, any conflict that arises due to the literary deal cannot have an impact on the outcome or on the handling of his murder case.
Incorrect! A lawyer may buy media rights from a client following the termination of representation. Model Rule 1.8(d), which prohibits media or literary deals with clients related to the subject of litigation, only applies to deals made before the end of the representation. Tesch has exhausted his appeals, his case has ended, and you are thus entitled to negotiate for media or literary rights. Therefore, choice (b) is the best answer. Choice (a) is incorrect because if your representation of Tesch in this case were not over, whether or not he is about to die makes no difference for purposes of ethically obtaining literary rights. Choice (c) is not the best answer because once the representation has terminated, any conflict that arises due to the literary deal cannot have an impact on the outcome or on the handling of his murder case.