Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
12 Cards in this Set
- Front
- Back
|
6-1: What a great idea Martyn has. The firm should include in our website the names of our important clients, our litigation victories, and the big deals we have handled. Most of it is a matter of public record, on file at the courthouse or in filings at the Securities and Exchange Commission (SEC), argues Martyn.
|
Not allowed. Need informed consent.
|
|
|
6-2: M&F represents Disney as an undisclosed principal for the purpose of purchasing property to develop a new theme park. Fox thinks that this is a great time to purchase stock in Disney. Martyn suggests that the firm should purchase adjacent land, for it will surely rise in value, likely as a hotel site.
|
Stocks not OK, insider trading. Land buying OK.
|
|
|
6-3: At Client's request, Fox returns goods stolen by Client to the police. Now Fox is called to testify about the identity of the person who gave him the goods. What result?
|
If not acting in a professional capacity, have to reveal.
|
|
|
6-4: Clean Energy, Inc., operates multiple coal-fired power plants. Its CEO is concerned whether the company is meeting air quality standards. He suggests that they do an audit. The general counsel responds, "Let's have the lawyers do it. That way, it will be privileged, just in case the results are not so favorable." Clean Energy's general counsel interviews 25 employees at five different plants and later decides to hire an outside law firm to complete the investigation. "That will help secure the privilege."
|
What in-house counsel did is not privileged. What outside counsel did is privileged.
|
|
|
6-5: In a privileged conversation, Client tells Martyn where he was on the night in question. Can Client now be compelled to testify as to his whereabouts?
|
No. 5th Amendment. Don't have to participate in self-incriminating testimony.
|
|
|
6-6: The deal is complicated: something about synthetic collateralized mortgage obligations. Martyn meets with an investment banker to understand what was required for our corporate client to pursue a purchase of the CDOs. Now they want her to testify about her educational meeting. What result?
|
Must testify. Communications are not covered as attorney-client privilege.
|
|
|
6-7: To make life easier and give lawyers the discretion they deserve, Martyn recommends that M&F add the following clause to all personal injury retainer agreements. Should Fox agree?
"Client agrees to allow M&F to decide whether to disclose any information relating to the representation or to waive the attorney-client privilege or work product immunity whenever M&F determines such action will promote the best interests of Client." |
Probably NO. Need informed consent.
|
|
|
6-8: M&F advised Widgets, Inc., "If you file that claim with DOD, criminal penalties will follow." Widget's general counsel replied, "That's the board's decision to assess the risk." Two weeks later, Martyn learns that Widgets had hired new counsel, who filed the false statement that M&F warned against. What should Martyn do?
|
May reveal in certain situations. R1.6
|
|
|
6-9: "Now that I'm selling my business," the 85-year-old patriarch tells Fox, "I want you to make arrangements to give half of the proceeds to dear Margaret. I don't know what I'd do without her." Margaret is patriarch's 30-year-old companion. What may (must) Fox do?
|
May take reasonable measures if diminished capacity. R1.14
|
|
|
6-10: "Let's get the EPA off our back. Give 'em the damn notes," Clear Energy's general counsel tells M&F. Can M&F turn over notes of their interviews with Clean Energy employees to the Justice Department as part of a settlement of Clean Energy's behalf?
|
Yes, when it's settlement, have to do what the client wants.
|
|
|
6-11: "We're cleaning things up around here," the new CEO declaimed. "You can testify to all conversations with that pathetic old management. The SEC should know how inept my predecessor was." Can Fox testify to privileged communications with the old CEO of the client?
|
Yes, duly authorized constituents. R1.13 unless privileged waived.
|
|
|
6-12: M&F are ready to try the High Energy case against Arthur Touche and five former High Energy directors. Fox's secretary hands him a thick fax with a cover page that says: "To all Defense Counsel. Privileged and Confidential. Summary of Decision Quest's Jury Profile." What if the fax reveals misconduct by the other side? What if the same document is sent in a plain brown envelope with a note saying, "Knew you'd find this interesting?"
|
-Must tell other side you have the document under R4.4.
-Lawyer who receives the document must promptly notify the sender -If the document reveals misconduct on the other side, reveal with the court -If given in a brown envelope, bring to court and other side -If don't notify, can be disqualified |
