Legal Prof Dannenmeir Spring '07

Front 1

Spaulding v. Zimmerman

Back 1

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)

Front 2

MR 1.6(a)

Back 2

Lawyer cannot reveal information relating to representation unless
a.Client gives informed consent OR
b.Disclosure implicitly authorized to carry out representation

Front 3

MR 1.6(b) – Except

Back 3

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

Front 4

ABA Model Rule 1.6 (1983-old rule)

Back 4

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.

Front 5

Brown v.County of Genesee (confused paycheck)

Back 5

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.

Front 6

Virzi v. Grand Trunk (dead client)

Back 6

A lawyer has a duty to reveal adverse information to an opposing party in civil lit.

Front 7

HOLMES

Back 7

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.