Former Clients Rules Self-Quiz
You recently
left your job at the District Attorney’s office at Enycity. You
were the Assistant D.A. of Enycity for three years until you decided to
“go private” and take a job at a general practice firm located
in Enycity called Dave Sureovitz & Others, LLP. One of your new colleagues
at Sureovitz has been retained by a client who is a criminal defendant.
The client was investigated by the Enycity D.A.’s office about a
month after you left your old job, so the firm doesn’t think there
is an unworkable conflict of interest with taking on the client. Your
colleague consults the ethical rules, and figures:
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You recently
left your job at the District Attorney’s office at Enycity. You
were the Assistant D.A. of Enycity for three years until you decided to
“go private” and take a job at a general practice firm located
in Enycity called Dave Sureovitz & Others, LLP. One of your new colleagues
at Sureovitz has been retained by a client who is a criminal defendant.
The client was investigated by the Enycity D.A.’s office right before
you left your old job, and so Sureovitz & Others doesn’t think
there is an unworkable conflict of interest with the firm taking on the
client. Your colleague consults the ethical rules, and figures:
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Attorney Geoff
Geofferson is representing a client in a personal injury suit. The defendant,
Theodore Pretzel, rammed into your client at a four-way intersection after
failing to stop where the street sign indicated he must. Geofferson was
a bit surprised when his client told him Mr. Pretzel’s name, because
Geofferson represented Mr. Pretzel in his divorce from Mrs. Pretzel a
few years ago. Geofferson told his client he has to consult the ethical
rules about conflicts of interest before he can continue further. Geofferson
finds:
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Jacob Jingleheimer
is contemplating his involvement in the celebrated divorce case of Simonize
vs. Simonize, representing Mrs. Simonize, the complainant. Mrs. Simonize
came to Jingleheimer in a state of confusion, exhaustion, and fear. Only
an hour before their first meeting, Mr. Simonize reportedly dunked Mrs.
Simonize’s head into their 150-gallon saltwater fish tank, threatening
to arouse the angry attention of a venomous lionfish in the process. Mrs.
Simonize wanted Jingleheimer to file a complaint for divorce and represent
her. Jingleheimer, however, remembered that ten years previously, he represented
Mr. Simonize in a domestic violence action against the woman he used to
live with, Betsy Rosster. Jingleheimer recalled that Mr. Simonize obtained
a restraining order against Rosster when Rosster stunned Simonize with
a tazer gun and rudely shoved asparagus stalks in his ears. May Jingleheimer
now represent Mrs. Simonize?
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Your client,
Barb Edith, is in the middle of a tough divorce from her husband, Eremey
Edith. The divorce process has been made especially difficult, because
the Ediths continually make up, at least verbally, and then soon enough
are up in arms again. Barb and Eremey have been on quite a roller coaster
of a relationship. Eventually, the suit for divorce is dropped. Barb and
Eremey figure they can make do without the voluminous court documents
and lawyers’ answering machine messages, plus they figure it’s
better to make love and not war. Six months after reconciling, they split
up. This time, Eremey comes to you and wants you to represent him in his
divorce action against Barb, your former client. If Barb says no, may
you still represent Eremey?
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Your client,
Barb Edith, is in the middle of a tough divorce from her husband, Eremey
Edith. The divorce process has been made especially difficult, because
the Ediths continually make up, at least verbally, and then soon enough
are up in arms again. Barb and Eremey have been on quite a roller coaster
of a relationship. Eventually, the suit for divorce is dropped. Barb and
Eremey figure they can make do without the voluminous court documents
and lawyers’ answering machine messages, plus they figure it’s
better to make love and not war. Six months after reconciling, they split
up. This time, Eremey comes to you and wants you to represent him in his
divorce action against Barb, your former client. If Barb consents to your
representation of Eremey, may you still represent Eremey?
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You represented
Nails Dyekstrah in a criminal battery case. A jury convicted Nails of
assault and battery after Nails beat the heck out of Gary Kartei. Kartei
suffered terrible injuries to his knees after Nails repeatedly bashed
them with a tire iron, and then with an electric pogo stick. Kartei is
still in physical therapy to this day, and can no longer play catcher
on the baseball team composed of employees from the local Deli where he
works. As a result of his injuries, Kartei sues Nails. Kartei asks you
to represent him in his civil case against Dyekstrah. You figure since
Kartei’s case is civil, and since Nails’s case was criminal,
you will not be subject to discipline. You consult your online ethics
manual. What do you find?
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As in-house
counsel for a bagel distributor, The Universal Bagel, you took care of
all the issues in the firm related to food preparation and quality. The
most memorable case got its start when the store sent a dozen bagels to
The Four Reasons restaurant. One bagel caused a violent reaction. Almost
lost among the numerous poppy seeds topping this delectable dough was
a wee cockroach, her life snuffed out during the boiling stage of the
bagel’s creation. The roach scared a restaurant customer silly,
and your firm was sued on a number of novel legal theories. A few years
later, you took your experience with you and set up shop as a sole practitioner.
A prospective client came to you for legal help, claiming he was walking
past the retail arm of The Universal Bagel when he slipped on some lox
spread and crashed into plate glass in the front of the store. May you
represent the client given that you used to be in-house counsel of his
adversary?
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You represent
Jorge Busch in many of his personal affairs, including his employment
contracts, medical malpractice issues, and his trust and estate needs.
You draft Busch’s will, leaving everything to his mother, Barbie.
A year or so later, Busch asks you to redraft the will and leave everything
50/50 to Barbie and Dave Korash, a friend of Busch and owner of a club
that Busch frequents. You take care of Busch’s request. After Busch
dies, Barbie challenges the validity of the second will on the grounds
of undue influence by Korash. Are you entitled to represent Barbie in
her will contest?
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