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Question 1
You are an associate attorney at J.P. & Associates, L.P. Your boss, general partner J.P. of J.P. & Associates, also represents the city on a number of real estate issues in fact, he holds the esteemed title of "municipal attorney" in addition to his status as general partner. A client you just brought into the firm is planning a fabulous addition to his home, designed by the eminent architect In-Rem Koolhouse. Your client is "flipping out" because she paid a tremendous amount of money for the architect's services, but has been told now that it will be nearly impossible to obtain the necessary variances by the municipal zoning board. She retains you to obtain those variances. Perhaps she knows that the general partner at J.P. & Associates is the municipal attorney. You consult the ethical rules on whether or not it is an unworkable conflict of interest to represent this client. You find:
Correct A municipal attorney's 'client' is the entire municipality. Therefore that attorney, and by imputation, his firm, should avoid retaining clients which may place the municipal attorney and his firm in a position where he appears to be seeking favor from the municipality or any of its agencies for a private client. If you, as one of J.P.'s attorneys, prevailed in a proceeding against the municipality, the general public would suspect that your success in the matter was due to impropriety. Accordingly, it would present an unethical conflict of interest to represent the client in this matter while you are employed at J.P. and Associates. As such, choice (a) is the best answer
Incorrect! A municipal attorney's 'client' is the entire municipality. Therefore that attorney, and by imputation, his firm, should avoid retaining clients which may place the municipal attorney and his firm in a position where he appears to be seeking favor from the municipality or any of its agencies for a private client. If you, as one of J.P.'s attorneys, prevailed in a proceeding against the municipality, the general public would suspect that your success in the matter was due to impropriety. Accordingly, it would present an unethical conflict of interest to represent the client in this matter while you are employed at J.P. and Associates. As such, choice (a) is the best answer
Correct
Incorrect!
Correct
Incorrect!
Question 2
You are planning on representing Mrs. Fisch in her divorce from Mr. Fisch. You are an associate at the law firm F. War & Partners. Interestingly enough, the sister of your boss, general partner Mr. F. War, is the general partner of the firm representing Mr. Fisch in the divorce. It sounds a bit ridiculous to you that just because of this remote association, you might be disqualified from the case. You're especially peeved because this is the first case you've brought to the firm on your own, and you expected a big fee for handling the divorce. You consult the ethical rules and find:
Correct
Incorrect!
Correct
Incorrect!
Correct Model Rule 1.7 holds that 'a lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to 'a third person, or the lawyer's own interests, unless: (1) the lawyer reasonably believes the representation will not be adversely affected; and (2) the client consents after a full disclosure of the circumstances and consultation with the client'' As such, a family relationship between attorneys who are with private law firms representing adverse interests does not necessarily disqualify either firm from handling such a matter, provided it is believed that representation will not adversely affect the client. Generally, it is recommended that an ethical wall be erected to insulate the related attorneys, and disclosure should be made to the clients regarding the familial relationships. If neither Mr. F. War nor his sister are involved in the Fisch divorce, and an 'ethical wall' is erected to insulate them from participation, only a simple disclosure would be necessary in order to fulfill ethical obligations. Therefore, choice (c) is the best answer.
Incorrect! Model Rule 1.7 holds that 'a lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to 'a third person, or the lawyer's own interests, unless: (1) the lawyer reasonably believes the representation will not be adversely affected; and (2) the client consents after a full disclosure of the circumstances and consultation with the client'' As such, a family relationship between attorneys who are with private law firms representing adverse interests does not necessarily disqualify either firm from handling such a matter, provided it is believed that representation will not adversely affect the client. Generally, it is recommended that an ethical wall be erected to insulate the related attorneys, and disclosure should be made to the clients regarding the familial relationships. If neither Mr. F. War nor his sister are involved in the Fisch divorce, and an 'ethical wall' is erected to insulate them from participation, only a simple disclosure would be necessary in order to fulfill ethical obligations. Therefore, choice (c) is the best answer.
Question 3
You are planning on representing Mrs. Fisch in her divorce from Mr. Fisch. You are an associate at the law firm F. War & Partners. Interestingly enough, the sister of your boss, general partner Mr. F. War, is personally representing Mr. Fisch in the divorce. It sounds a bit ridiculous to you that just because of this remote association, you might be disqualified from the case. You're especially peeved because this is the first case you've brought to the firm on your own, and you expected a big fee for handling the divorce. You consult the ethical rules and find:
Correct
Incorrect!
Correct
Incorrect!
Correct The biggest concern in a case like this is that information will 'bleed,' and that neither your client nor the adversary's client will enjoy entirely confidential representation. The ethical rules do not wholly prohibit attorneys from representing clients when the attorneys enjoy a family relationship. Model Rule 1.7 holds that 'a lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to 'a third person, or the lawyer's own interests, unless: (1) the lawyer reasonably believes the representation will not be adversely affected; and (2) the client consents after a full disclosure of the circumstances and consultation with the client'' If you believe the representation will not be adversely affected, you may represent the client. The best way to protect the client's interests, your interests, your firm's interests, and the adversary's interests, is by fully informing the client about the conflict, and by obtaining your client's consent notwithstanding the family relationship between your boss and your boss's sister. It is also strongly recommended that Mr. F. War be screened from participation from the case. Therefore, choice (c) is the best answer.
Incorrect! The biggest concern in a case like this is that information will 'bleed,' and that neither your client nor the adversary's client will enjoy entirely confidential representation. The ethical rules do not wholly prohibit attorneys from representing clients when the attorneys enjoy a family relationship. Model Rule 1.7 holds that 'a lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to 'a third person, or the lawyer's own interests, unless: (1) the lawyer reasonably believes the representation will not be adversely affected; and (2) the client consents after a full disclosure of the circumstances and consultation with the client'' If you believe the representation will not be adversely affected, you may represent the client. The best way to protect the client's interests, your interests, your firm's interests, and the adversary's interests, is by fully informing the client about the conflict, and by obtaining your client's consent notwithstanding the family relationship between your boss and your boss's sister. It is also strongly recommended that Mr. F. War be screened from participation from the case. Therefore, choice (c) is the best answer.