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?

Choice 1 Breach of ethics
Choice 2 Legitimate strategy
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?
Yes
No
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?
Yes
No
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?
Yes
No
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?
Yes
No

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