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4 Cards in this Set
- Front
- Back
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1-2: During negotiations, a lawyer for the buyer agrees on behalf of his client to pay an extra $50,000 because, the lawyer observes, "the land is zoned for ten lots." M&F, representing the seller, knows that the lawyer is mistaken. Should M&F close the deal without correcting the mistake?
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Probably YES; you can do this, but want to involve client, not simply out there as an advocate. Rule 8.3
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1-3: Should M&F advise its client to sign an agreement in a divorce case that settles property division and child support when the opposing lawyer mistakenly believes that alimony can be negotiated later, but we know that the law will bar such a claim? What if the opposing lawyer is a best friend? Has not handled many divorces?
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NO fiduciary relationship with the other spouse; it’s a problem on the other side, they’re deficient, it’s their lawyer, in a divorce relationship, have to work together; do NOT have to disclose. Rule 8.3
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1-4: Should M&F tell a client the chances of her getting caught doing something illegal, for example, deducting the cost of a child's wedding as a business expense? How about the chances of getting caught withholding a document in response to a legitimate request for production of documents?
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Yes, yes.
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Lawyer's Roles
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The Client-Lawyer Relationship
Lawyers as Instruments Lawyers as Directors Lawyers as Collaborators |
