Imputed Disqualification Self-Quiz
Yam Holiniski
is an attorney in private practice, enjoying a pretty decent life in the
bucolic suburbs, representing a host of clients in many different areas
of the law. Yam’s wife Jhan Holiniski is a real estate agent. Jhan
handled the sale of a home, and is poised to earn a nice little fee for
her labor. She referred the sellers to Yam for legal work associated with
the sale. Yam is concerned that he might be conflicted out of the representation.
Any problems with his taking on the sellers’ case?
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. Yam Holiniski
is an attorney in private practice, enjoying a pretty decent life in the
bucolic suburbs, representing a host of clients in many different areas
of the law. Yam’s wife Jhan Holiniski is a real estate agent. Jhan’s
real estate firm handled the sale of a home. She told her colleague that
the sellers would do well if they retained Yam Holinski to do the legal
work associated with the sale. Yam is concerned that he might be conflicted
out of the representation. Any problems with his taking on the sellers’
case?
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You are in-house
counsel for Hear We Art, a hi-fi headphones seller. Most of your work
deals with contractual relations. You help Hear We Art make deals with
distributors from all over the world. Hear We Art has an outlet store
upstate where people come to sample the company wares. Most of the firm’s
sales are made by catalog, and people usually buy based on the firm’s
reputation only, without getting a chance to try the products out. The
outlet store is a great public service, even though it doesn’t make
many sales for the company. Anyway, on a rainy Thursday evening, a guy
slips and falls inside the store. The guy, surprisingly enough, is a sometime-client
of yours. In your spare time you occasionally represent private clients
on various legal matters. You wonder if it would pose a conflict of interest
to represent the guy in a suit against Hear We Art. It sounds somewhat
ridiculous given your association with the firm, but you figure you might
as well see if the ethical rules will allow for your taking on the guy’s
case – after all, you could use a couple of extra bucks now that
the holiday season is coming around. You consult the rules and find:
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