A rather infamous television personality and ballyhooed composer of New Age music, Jack Tesch, ends up embroiled in a murder fiasco. Tesch is accused by the state of having strung up his manager with piano wire and forcing him to eat eighteen and a half pounds of duck liver pate prior to his death. The public is up in arms, demanding Tesch’s own execution by lethal injection. Tesch is an old client of yours, and you are the first person he called when he was arrested. Of course, you expect a tremendous amount of publicity. You and Tesch figure you might as well milk the cow. You could use some extra cash. So the two of you agree that you will write a book on your experiences as his defense lawyer, and compensate him with a percentage of the profits. Are you subject to discipline?

No, because you are entitled to provide the public with information they crave.
No, because you acquired Tesch’s consent.
Yes, because there is a chance your book will create a conflict between your interests and Tesch’s interests.

A rather infamous television personality and ballyhooed composer of New Age music, Jack Tesch, ends up embroiled in a murder fiasco. Tesch is accused by the state of having strung up his manager with piano wire and forcing him to eat eighteen and a half pounds of duck liver pate prior to his death. The public is up in arms, demanding Tesch’s own execution by lethal injection. Tesch is an old client of yours, and you are the first person he called when he was arrested. You duly represent Tesch in his murder defense, but unfortunately, you are unsuccessful, and the public gets what it wants – a decree of lethal injection against Tesch. He exhausts his appeals, and is condemned to die. The case ends on a sad note for you and your client, as you have grown closer during the tumult. You and Tesch figure you might as well make the most of the situation, so the two of you agree that you will write a book on your experiences as his defense lawyer, and compensate his estate with a percentage of the profits. Are you subject to discipline?

No, because Tesch is about to die anyway.
No, because you acquired Tesch’s consent following the termination of the representation.
Yes, because there is a chance your book will create a conflict between your interests and Tesch’s interests, or the interests of Tesch’s estate.