Communication with Witnesses Self-Quiz
You represent
Einstein in a civil battery suit against Oppenheimer. Oppenheimer intentionally
lit an M-80 firework right in front of Einstein, so as to scare him a
little. Einstein was not physically injured to a great extent, but was
terribly hurt that his buddy Oppenheimer would commit such an indiscretion.
On the day following the incident, you ring Oppenheimer’s doorbell
and ask him to tell his version of the story. Are you subject to discipline?
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You represent
Einstein in his civil battery suit against Oppenheimer. Einstein is suing
Oppenheimer for lighting an M-80 firework, causing a little physical injury,
and scaring Einstein to death. Einstein and Oppenheimer still have to
work together, though, on some important lab task for the U.S. Government.
They try to remain civil to each other throughout the legal proceeding,
out of respect for the work they share. Their office decides to hold their
annual Christmas party right outside Washington in Alexandria, Va –
about a block from where you live. Einstein, kindly man, invites you to
the Christmas party, thinking it would be a nice gesture. A few minutes
after you arrive, you strike up a conversation with Oppenheimer about
how beautiful everyone looks. Are you subject to discipline for contacting
the adversary?
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You represent
John Hurt, the plaintiff in a personal injury action against a big corporation,
In Case you Trip, Inc. Hurt claims that he fell off one of the defendant’s
cruise ships due to the defendant’s negligence. You call one of
the managers of the cruise ship on which Hurt was injured. The manager
admits the crew failed to take certain precautions prior to the vessel’s
journey. But the general counsel for the corporation then calls you, screaming
his head off, saying you had no right to interview his firm’s management
without his approval. Is he correct in this assertion?
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You represent
Wanda Toscanini in her divorce from Vladimir Horowitz. Horowitz refuses
to retain counsel in the matter – he believes that lawyers just
want to ruin his life. Horowitz tells you in a negotiation that he’s
willing to cooperate with whatever you ask for, because he’s had
enough of Wanda and her antics. Horowitz asks for advice on what exactly
he needs to do to make the divorce final. You provide some suggestions,
and he is grateful. Are you subject to discipline?
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Claude Debussy
is suing Maurice Ravel for various copyright violations. Ravel in turn
sues Debussy on the same theory. Debussy’s lawyer, Arnold Schoenberg,
has apparently been delinquent. Schoenberg doesn’t even return Debussy’s
calls. Debussy thinks it is due to the fact that Schoenberg isn’t
really sympathetic to Debussy’s case. Debussy approaches you, a
respected county attorney, and tells you about his problems with Schoenberg.
Debussy asks you whether or not you think his case is sound, and whether
you would agree to take the case over from Schoenberg. Are you subject
to discipline for engaging in the conversation?
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Sonya Strook
is involved in a car accident with Chris Khanbergh. You represent Sonya
in her action against Chris. There were four witnesses to the accident,
which occurred at a busy intersection. You contact one of the witnesses
for some information about the accident. Are you subject to discipline?
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You represent
Sonya Strook in her civil action against Chris Kahnbergh. Chris rammed
into Sonya at a busy intersection. Apparently, Chris ran a red light –
after the car in front of him ran a red. One of the witnesses to the accident
had spoken with the police about what he saw. You want to interview him.
When you call him, he tells you that he retained his own attorney in the
matter because he wants to make sure he is not prosecuted for perjury.
This guy is a real kook, you think to yourself. You figure you should
interview him anyway, and you do so. Are you subject to discipline?
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You are representing
Mrs. Dorfmann in her divorce from Mr. Dorfmann. The biggest battle is
over custody of their daughter, Rita. Both parties want full custody of
Rita with absolutely no visitation rights for the adversary. Neither parent
believes the other should be entitled to have any contact with Rita. You
propose to have Mrs. Dorfmann’s colleague testify as a character
witness, and agree to pay the colleague a couple of hundred dollars to
do so, to cover expenses and compensation for lost wages and time. Are
you subject to discipline?
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You make an
agreement with an expert psychologist to testify in the Dorfmann divorce
case. The psychologist agrees to earn a fee if and only if your client,
Mrs. Dorfmann, is satisfied with a custody award of her daughter Rita.
If Mr. Dorfmann obtains custody of Rita, then the psychologist will not
be paid. Are you subject to discipline for establishing this form of compensation?
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You visit
the factory where your client, Chuck Shortstamp, was injured in an industrial
accident. Your intent is to interview witnesses to Chuck’s accident.
You approach three of his colleagues and begin to ask questions. All three
gather around together and tell the story of Chuck’s injury. At
the conclusion of the discussion, you thank the men and leave the factory.
You purposefully did not tell them you were Chuck’s lawyer so as
not to stir any fears. Are you subject to discipline?
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