1. ETHICAL VIGNETTES Steven M. Puiszis Adam C. Carter
Deputy General Counsel Cray Huber Horstman Heil & VanAusdal LLC Hinshaw & Culbertson LLP W. Madison | Ste | Chicago, IL   N. LaSalle Street, Suite 300, Chicago, IL, T | F Tel: | Fax:
Melissa A. Smart Donald Patrick Eckler
Illinois Attorney Registration & Disciplinary Commission Pretzel & Stouffer, Chartered
130 E Randolph St Ste 1500 One Prudential Plaza  One South Wacker Drive, Suite 2500 Chicago, IL   Chicago, IL 60606
Tel: Tel:

2. Scenario No. 1
Law firm is retained by a local college to represent it and three professors in an employment discrimination claim brought by an adjunct faculty member. Several weeks after your firm has appeared on behalf of the college and all three professors, one of the professor's s you to explain "what really happened" and asks you to keep the information he is about to share with you completely confidential. He asks that you not share the information with the college or the other two professors.
Can you?
Is there anything you could (or should) you have done to prevent this scenario from happening?

3. Does it make a difference if the professor does or does not "point the finger" at one of the other defendants but rather at a third party?
Does it make any difference if the professor only asks you to not share the information with the college?
Does it make any difference if he asks you not to share the information with the insurance carrier?
Does it make a difference if the caller is the assistant of one of the professors and asks you to keep the information confidential?

4. Scenario No. 2:
Law firm is requested to represent a longstanding client, Company X, in an anticipated financial restructuring and reorganization under Chapter 11 of the Federal Bankruptcy Code. Law firm learns that it is currently representing Company Y and Company Z on completely unrelated matters, that have had dealing with Company X.
Can law firm take that engagement?
Does it matter if either Company Y or Z is a creditor of Company X?

5. Scenario No. 3:
What if you represent Company X that files for Chapter 11 Bankruptcy? Company X owes you $50,000 in unpaid legal fees for services.
Can you continue to represent Company X?
What if you were retained by an insurance carrier to represent Company X and it is the insurer that owes you the fee?

6. Scenario No. 4:
A lawyer in your firm wins summary judgment in federal court and is permitted under applicable federal law to seek a petition for fees and costs. That petition or a motion for an extension of time for the petition has to be filed within ten days. However, the lawyer neither files the petition nor seeks an extension within that ten day period of judgment having been entered. The lawyer files a petition for fees and costs 29 days after obtaining summary judgment. The plaintiff then files a notice of appeal later that day. What ethical issues, if any, are presented and what do you do? Can your firm handle the appeal? Are the communications with your law firm's general counsel or ethics counsel or claim's counsel privileged from disclosure to the client?

7. Scenario No. 5:
You are retained by an insurance carrier to represent a defendant. The defendant directs you to admit liability when liability can be fairly contested.
Can you?
What do you do?

8. Scenario No. 6:
You represent a defendant in a case brought by its biggest customer. You evaluate the case as one of questionable liability, but the client directs you to settle the case.
What do you do?
What if you were retained by an insurance carrier to represent the defendant who directs you to settle.
Can you?

9. Scenario No. 7:
What if the insurer wants you to settle a matter but the insured defendant directs you not to settle.
What do you do?

10. Scenario No. 8:
You send interrogatories from plaintiff to your client to answer. One of the interrogatories asks for the amount of insurance coverage. You later learn that the client's answer is wrong and that there is an additional $5 million dollars in insurance coverage. Plaintiff's counsel has issued a policy limits demand based on the client's interrogatory answers. You bring the mistake to the client's attention who tells you the case is not worth what plaintiff is demanding to settle and to not disclose the additional insurance.
What do you do?