Duties To the Opposing Party Self-Quiz
Jen Kahn retains
you as counsel in her divorce from husband Cleo Paltroh. Jen is a tough-minded
executive for an investment firm and knows how to play hardball. She wants
you to put off a trial for divorce for as long as possible, using every
means at your disposal. Jen figures she’ll fight a “war of
attrition” with Cleo. Jen thinks that as time goes by, Cleo will
tire of spending so much on legal fees that he’ll decide to settle
on her terms. In order to satisfy your client, you file a host of extensions.
Is this a breach of ethics, or a legitimate strategy?
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You represent
Dan King, a rock concert promoter, in a contract dispute with Skybox Inc.,
owner of a few arenas in which you planned to hold shows. Right after
entering into a contract with Skybox, King realized he could have gotten
a better deal elsewhere – he desperately wants to terminate the
Skybox deal. Rumor has it Skybox is bleeding cash and is bound for bankruptcy.
You figure that a delay in litigation with Skybox will serve wonders in
terminating the contract. You also have good reason to suspect that the
judge presiding over the King-Skybox case harbors a serious hatred towards
King. You file a motion for the judge to recuse himself based upon your
suspicions and analysis of the judge’s conduct in the case. You
and King are happy because the motion will delay a trial for a lengthy
period, bringing untold harm to Skybox. Are you subject to discipline
for delaying the case?
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Your client,
Crazy Donna, asserts in a complaint that the father of her child, Ollie
Gee, gave her a dreaded sexually transmitted disease. In fact, the disease
was transmitted to Donna during her “liason” with Stevie Marvelous;
Donna didn’t want you or anyone else to find out about that. You
tell Donna’s story and serve the complaint to initiate suit against
Ollie. Are you subject to discipline?
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You’re
involved in a personal injury settlement negotiation on behalf of the
plaintiff, Don Tello. You’re a new attorney and it’s your
first settlement conference. During the negotiations with the defense
attorney, you claim that Tello refuses to settle for less than $100k.
You quiver a bit, knowing that Tello told you he’d gladly accept
$25k. Are you subject to discipline for a material misrepresentation of
fact?
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Your longtime
celebrity client, Mike Jaksin, undergoes rhinoplasty. He’s not happy
with the results. You look at his nose and fail to find anything wrong.
Jaksin insists the surgery was botched, though you find no evidence to
support his assertion. Jaksin pressures you to file a complaint, threatening
to fire you if you don’t. You learn that Jaksin’s plastic
surgeon, Dr. Nipp, is a fabulously busy doctor who receives numerous complaints
and is quick to settle so that he can get on with his practice. You figure
you’ll file and Dr. Nipp will immediately call for a settlement
negotiation – especially given that Jaksin is a famous patient.
You file the complaint. Are you subject to discipline?
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