 Unit 9 Seminar Ethics

Agenda  Questions on Final Project?  Ethics Overview  Ethics Hypotheticals

Ethics  Ethical issues are governed by the Rules of Professional Responsibility in each state.  Attorneys and their staff must abide by these rules at all times.  However, true ethical dilemmas often have no clear cut answer.  Most states have hotlines where lawyers can get free advice.  Lawyers discuss ethical issues amongst themselves.

Hypothetical One  While representing a client in civil litigation, you are conducting depositions in a conference room at your office. Opposing counsel asks to use an empty office during a break to return phone calls, and you oblige. After the depositions are finished for the day, you realize that your opposing counsel left a document in the empty office, and after glancing at it, you realize it is a status memorandum to the insurance adjuster on the case.  What do you do?

Hypothetical Two Your law-school classmate, an extremely successful civil litigator, was recently suspended by the State Bar for 6- months. (The suspension arose from your friend having provided financial assistance to a near-destitute personal injury client while her case was pending, a violation of Bar Rule 1.8(e).) Your friend asks if he can work in your office as a legal assistant until the suspension is over.  Can you hire your friend as a paralegal?  If so, what limitations must you put on the paralegal?

Hypothetical Three During the course of litigation, you feel that your opposing counsel has engaged in various ethical violations which have created an unfair advantage for the opposing side. The perceived ethical violations are: destroying documents, lying about witness whereabouts and coaching witnesses at depositions.  When you become entirely fed up, may you threaten a bar complaint to gain leverage in settlement negotiations?  Must you report any of the above conduct to the State Bar?

Hypothetical Four One of your recent legal engagements involved incorporating a small business. After the business is incorporated, the sole proprietor calls you up and asks you out for a date. Assuming the personal interest is mutual:  May you enter into a dating relationship with the client?  What if your legal work is not complete?  What if the incorporation is complete, but you would like to continue representing the client?

Hypothetical Five You represent a criminal defendant accused of murder. During the debriefing of your client, he tells you of separate incidents where he murdered 3 other individuals. The client tells you where he dumped the bodies of his other victims.  What do you do?