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7 Cards in this Set

  • Front
  • Back
Spaulding v. Zimmerman
Court approves settlement.
Anueryism discovered.
TC settlement vacated.

MR 1.6 Lawyers do not have to volunteer facts to their adversaries (but have to reveal to the court)
MR 1.6(a)
Lawyer cannot reveal information relating to representation unless
a.Client gives informed consent OR
b.Disclosure implicitly authorized to carry out representation
MR 1.6(b) – Except
a.(1) To prevent death or substantial bodily harm
b.(2) To prevent client crime/fraud for which lawyer was used
c.(3) To mitigate or rectify crime/fraud for which lawyer was used
d.(4) To get legal advice
e.(5) For lawyer’s self-defense
f.(6) To comply with other law or court order
ABA Model Rule 1.6 (1983-old rule)
a lawyer shall not reveal info related to representation of the client unless client consents after counsel (informed consent), & absent consent, the only thing you have to tell is to prevent your client from committing a crime if it was likely to result in imminent death.
Brown v.County of Genesee (confused paycheck)
Absent special circumstances, such as mutual mistake, fraud on the court or concealment from the court, courts will not set aside a judgment because a lawyer has concealed adverse evidence from the opposing party.
Virzi v. Grand Trunk (dead client)
A lawyer has a duty to reveal adverse information to an opposing party in civil lit.
The Law as a Bad Man: Holmes: If you really want to understand the law, think of it as a bad man: What is the limit? Where can I predict that I will get arrested? Think of it as a speed limit metaphor: Its that moment when you look in the rearview mirror: If you want to know the law, know that moment when you look. What does it mean for you-as lawyers? You don't have to stop and pick up people on teh road: your instinct, as Holmes says, is that that's not the common law.