The Limits to Representation Self-Quiz

 

 

 

 

 

 

 

You are an associate attorney at J.P. & Associates, L.P. Your boss, general partner J.P. of J.P. & Associates, also represents the city on a number of real estate issues – in fact, he holds the esteemed title of “municipal attorney” in addition to his status as general partner. A client you just brought into the firm is planning a fabulous addition to his home, designed by the eminent architect In-Rem Koolhouse. Your client is “flipping out” because she paid a tremendous amount of money for the architect’s services, but has been told now that it will be nearly impossible to obtain the necessary variances by the municipal zoning board. She retains you to obtain those variances. Perhaps she knows that the general partner at J.P. & Associates is the municipal attorney. You consult the ethical rules on whether or not it is an unworkable conflict of interest to represent this client. You find:
Choice 1 Representation would present a conflict of interest that could bring the appearance of impropriety due to J.P.’s status as municipal attorney.
Choice 2 You may represent the client, because J.P.’s status is irrelevant.
Choice 3 You may not represent the client unless J.P. forfeits his position with the city
You are planning on representing Mrs. Fisch in her divorce from Mr. Fisch. You are an associate at the law firm F. War & Partners. Interestingly enough, the sister of your boss, general partner Mr. F. War, is the general partner of the firm representing Mr. Fisch in the divorce. It sounds a bit ridiculous to you that just because of this remote association, you might be disqualified from the case. You’re especially peeved because this is the first case you’ve brought to the firm on your own, and you expected a big fee for handling the divorce. You consult the ethical rules and find:
Choice 1 You may not represent the client because of the conflict of interest between your firm and the adversary’s firm.
Choice 2 You may represent the client without exception.
Choice 3 You may represent the client, but it is recommended that an “ethical wall” be erected to insulate Mr. F. War from any participation in the case and that the clients are properly notified about the conflict.
You are planning on representing Mrs. Fisch in her divorce from Mr. Fisch. You are an associate at the law firm F. War & Partners. Interestingly enough, the sister of your boss, general partner Mr. F. War, is personally representing Mr. Fisch in the divorce. It sounds a bit ridiculous to you that just because of this remote association, you might be disqualified from the case. You’re especially peeved because this is the first case you’ve brought to the firm on your own, and you expected a big fee for handling the divorce. You consult the ethical rules and find:
Choice 1 You may not represent the client because of the conflict of interest between your firm and the adversary’s firm.
Choice 2 You may represent the client without exception.
Choice 3 You may represent the client, but it is recommended that an “ethical wall” be erected to insulate Mr. F. War from participation in the case. Also, a full disclosure about the relationship of the attorneys must be made, and the client’s approval should be obtained in writing.

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