Negotiator’s Duties to Client - Model Rule 1.4 Self-Quiz
An attorney’s duty to
his client is controlled by:
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Which of the following is
NOT required of an attorney under Model Rule 1.4?
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John Motti is an importer/exporter
who has recently been sued by Tony Alto. Alto claims Motti never delivered
the goods promised under an oral contract between the two. Motti tells
his attorney that he in fact never delivered the goods. He then tells
his attorney to deny any breach of contract and show a fake bill of lading
as evidence to Alto’s attorney during negotiation settlements.
What should the attorney do?
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Swiffer is a named partner
at Swiffer, Drey & Klein who has practiced law for over 30 years.
Carwin is one of his oldest clients and also a close friend. Swiffer
has handled literally hundreds of cases for Carwin, who seems to attract
the more litigious citizens of their state the way California attracts
would-be actors and actresses. While engaged in negotiations on behalf
of Carwin, in what could turn out to be a very costly suit, opposing
counsel suddenly offers take-it-or-leave-it settlement terms which are
almost too good to be true. Thinking this will make a wonderful surprise
for his old friend Carwin, Swiffer accepts the deal on his friend/client’s
behalf. Swiffer plans to announce the news tonight at Carwin’s
surprise 60th birthday party. If Carwin hates surprise parties and is
put in a particularly bad mood by the well-intentioned effort on his
wife’s part, what is the worst case scenario for Swiffer when he
then announces news of the settlement agreement to Carwin?
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Arnold and Willis are siblings
who are also partners in a law firm. They regularly handle cases together,
finding this to be the most time-efficient way for them to provide their
services, and also the most effective way to serve their clients, who
then get the benefit of their total experience. On January 13th a client,
Franklin, emails and asks Arnold for an update on his case. Arnold is
going out of town but leaves a note on Willis’ desk to call the
client. The note accidentally falls off the desk and into the garbage,
so Willis never sees it. On February 15th, the client calls and leaves
a message for Arnold on the firm’s voice mail. When Arnold gets
the message he emails Willis the following:
“Did you take care of Franklin?” Thinking that Arnold is referring to a recent filing in the case which was due on the 10th, Willis answers in the affirmative. On March 5th, Franklin shows up at the office and demands his files, saying that he is giving the case to another attorney. What are the possible consequences for the brothers? |
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