Conflicts in Corporate Representation Self-Quiz
You represent
a musicians’ union fighting for its rights against the big record
companies who employ them. Most of the time your work involves employment
contracts – you try to get the most for union members, and have
been especially successful when it comes to helping those who have a few
hit songs under their belts. One of the union members, DJ Buttmaxxx, is
especially popular but also especially crooked. A year earlier, he was
elected as treasurer of the union. Now the union members are alleging
Buttmaxxx misappropriated union funds, using them to buy a set of platinum
teeth. Buttmaxx wants you to represent him personally in a suit brought
against him and the union by certain union members. May you simultaneously
represent the union and DJ Buttmaxxx, the treasurer?
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Candy Pewter
is a lawyer representing a major pharmaceutical manufacturer. In a discussion
with the manager of one of the pharmaceutical’s factories, the manager
tells Candy that a small percent of ash is included in the pill for hypertension.
This percentage is beyond that which the federal government allows. Candy
is concerned, because she knows the manager is substituting cheap junk
for a more expensive ingredient in order to increase the pill’s
profitability. What must Candy do?
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You represent
Horrible, Nasty, Brutish, and Short L.P., a high-fallutin’ investment
bank enjoying wonderful business these days, underwriting a large number
of initial public offerings for small tech companies. One of the bank’s
superstar fixed-income traders, Sam Snee, has an unfortunate insider trading
compulsion. He could be prosecuted criminally for his acts, and the partnership
is exposed to serious liability. As a seasoned Wall Street professional,
you know how serious the issue is. You dash into the office of Harry Horrible
while he’s hard at work eating a tunafish on rye and talking full-steam
into his speakerphone about his golf handicap. You interrupt Mr. Horrible
and explain what Sam Snee’s been up to. Horrible already knows about
Snee, and says, “Tell me something new, lawyer!! He’s making
me big money—why stop when the going’s good?” So Horrible
approves of Snee’s insider trading. There is no one higher in the
firm to report the illegal activity to. Must you resign?
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