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9 Cards in this Set
- Front
- Back
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9-2: Husband and Wife ask M&F to prepare the papers for the dissolution of their marriage. May M&F represent both spouses? Does it make any difference if the spouses have already agreed to property division, child custody, and support obligations? What if Husband and Wife, to save money and keep peace in the fractured family, ask Martyn to mediate their disputes regarding these issues?
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Probably no. Still can't. Can mediate, but can't draw something up.
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9-3: Two defendants are charged with murder arising from a botched bank robbery that resulted in the killing of a customer. If defendants insist on being represented jointly, can M&F represent both defendants? Does it matter if only the "shooter" is eligible for the death penalty? Would it be okay if Martyn represents one defendant and Fox represents the other?
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No.
Doesn't change. No. |
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9-4: M&F is asked to represent driver-son and passenger-father in a lawsuit arising from an auto accident where the driver of the other car has pleaded guilty to speeding. Can we take this case? What happens when before his deposition, Son tells Fox, "I had two drinks before I picked up Dad"?
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Probably yes. Have to have informed consent to tell dad.
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9-5: Our longtime corporate brokerage client and two of its stockbrokers have been sued for violating know-your-customer regulations. Can M&F represent the corporation and both stockbrokers?
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Probably yes. R1.13
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9-6: Buyer and Seller of real estate come to M&F to handle the deal. They have agreed on the price, date of closing, and identity of the property to be conveyed. Can M&F undertake the engagement?
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Shall not. R1.7 and 1.8
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9-7: A longtime client of M&F asks us to represent three partners in forming a new business: our longtime client, who is the money guy; the new venture's CEO; and the woman who owns the patent that is key to the business plan. May we?
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Probably NO.
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9-8: A corporate client's CEO asks M&F to represent his wife and him in drawing up new wills. Can we do so? What if the wife takes Martyn aside and tells her to draft a codicil that diverts a substantial part of her assets to a "friend"? What if later, during divorce proceedings, the wife calls M&F to be refreshed as to husband's assets; may (must) M&F share that info?
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Yes.
No. Must NOT. |
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9-9: Viacom and Disney are both competing for an open TV channel in NY before the FCC
a) Can Martyn represent Viacom while Fox represents Disney, if each lawyer seeks his or her client's consent? b) What if M&F feel comfortable taking on the representation of both? c) If M&F already represents Viacom in another unrelated matter, can just take on the representation of Disney seeking the channel? |
a) Probably NO
b) Probably NO c) Probably NO |
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9-11: Delaware has passed legislation that makes it very difficult yo do a hostile takeover of a public company incorporated in Delaware. M&F is hired to defend Colossus against a hostile takeover by enforcing this legislation in a case brought in Delaware Chancery Court. At the same time, M&F is hired by Amalgamated Industries to seek a hostile takeover of Apex, a Delaware corporation headquartered in Ohio. May M&F support the takeover of Apex by attacking the same Delaware law as unconstitutional in an action pending in the US District Court for the Northern District of Ohio?
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Should be OK. No conflict here.
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