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Question 1
Say ten witnesses saw your client run a red light and bash into an unsuspecting SUV driver, but your client insists on putting forth a case that the light was green when the accident occurred. You don't want to use this strategy, because a jury will never buy your client's story. Your client is angry that you will not do what he wants, especially considering the amount he's paying you per hour. Must you abide by your client's wishes?
Correct
Incorrect!
Correct The strategies or tactics employed in attempting to achieve a client's goals are generally left to the lawyer's discretion. The Model Rules hold that 'a lawyer is not required to pursue objectives or employ means simply because a client may wish that the lawyer do so'in questions of means, the lawyer should assume responsibility for technical and legal tactical issues.' (Model Rule 1.2) Therefore, you do not have to abide by your client's wishes on the subject. If he wants to get another lawyer who will, that's his prerogative, but you will not be sanctioned for refusing to follow his lead.
Incorrect! The strategies or tactics employed in attempting to achieve a client's goals are generally left to the lawyer's discretion. The Model Rules hold that 'a lawyer is not required to pursue objectives or employ means simply because a client may wish that the lawyer do so'in questions of means, the lawyer should assume responsibility for technical and legal tactical issues.' (Model Rule 1.2) Therefore, you do not have to abide by your client's wishes on the subject. If he wants to get another lawyer who will, that's his prerogative, but you will not be sanctioned for refusing to follow his lead.
Question 2
Your personal injury client knows a lot about the law and courtroom procedures, having sued a couple of other people in the past for various injuries. In a case related to your client's broken arm, the opposition is running late in filing an answer to your complaint. The opposing lawyer, a sorority sister of yours, calls you up and asks kindly for a week-long extension for filing the answer. The client hears about this and smiles widely, assuming that he'll gain a nice tactical advantage if his adversary doesn't file on time. He tells you to refuse the adversary's request for an extension. You want to accommodate your friend, knowing you often find yourself in the same deadline-ridden situation and want to be known as a fair player. You approve the extension. Ethical problem?
Correct
Incorrect!
Correct Lawyers are entitled to agree to the adversary's reasonable requests, especially when they do not materially prejudice the rights of the client. (See Model Rule 1.2) Issues regarding court procedures, continuances, and waivers of formalities are the province of the lawyer. According to the text of the Model Rules, 'a lawyer is not bound to press for every advantage that might be realized for a client.' Although being tough on the request for extension could help you and your client in court, it is not your obligation to press against the extension. Therefore there was no ethical problem with your approval of the extension.
Incorrect! Lawyers are entitled to agree to the adversary's reasonable requests, especially when they do not materially prejudice the rights of the client. (See Model Rule 1.2) Issues regarding court procedures, continuances, and waivers of formalities are the province of the lawyer. According to the text of the Model Rules, 'a lawyer is not bound to press for every advantage that might be realized for a client.' Although being tough on the request for extension could help you and your client in court, it is not your obligation to press against the extension. Therefore there was no ethical problem with your approval of the extension.
Question 3
Your client, Norman, is on trial for murder. A psychiatrist was called in to evaluate Norman. This way you'll see whether the insanity defense is available for your client. The psychiatrist does his job, and says that Norman is indeed insane but that if Norman discovers this, he'll become severely depressed and possibly try to kill himself. However, you need to consult with Norman about his defense. Must you tell him about the psychiatrist's findings so that Norman can decide whether or not to pursue the defense of insanity?
Correct
Incorrect!
Correct A lawyer has a general duty to keep a client informed of developments in the representation that are material. Decisions on whether to pursue the insanity defense are clearly material. However, the lawyer here has a different duty from the norm ' if disclosure of information would be harmful to the client, then the lawyer should not disclose. Here, because the psychiatrist told you that disclosing Norman's diagnosis would cause him to fall into a suicidal depression, you should not discuss this with Norman. You will still be required to determine if the diagnosis should be used to support an insanity defense, however.
Incorrect! A lawyer has a general duty to keep a client informed of developments in the representation that are material. Decisions on whether to pursue the insanity defense are clearly material. However, the lawyer here has a different duty from the norm ' if disclosure of information would be harmful to the client, then the lawyer should not disclose. Here, because the psychiatrist told you that disclosing Norman's diagnosis would cause him to fall into a suicidal depression, you should not discuss this with Norman. You will still be required to determine if the diagnosis should be used to support an insanity defense, however.