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5 Cards in this Set
- Front
- Back
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11-1: Three years ago, M&F prepared tax returns for Wife's business. Husband now wants M&F to represent him in a divorce. Can we?
What if we handled an employment discrimination claim for Wife's business? |
Probably NO.
[1.9, 1.10] Probably YES. The result would change if we learned the confidential information. |
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11-2: M was general counsel for Capital Hospital for 10 years before joining M&F.
(a) Can M&F represent Small Hospital, a competitor of Capital, in lobbying the state legislature for changes in state Medicaid reimbursement rates? (b) Can M&F advise Sunshine Hospital & Rehabilitation Center in another county that there are no antitrust ramifications of potential expansion, when M advised Capital that a planned expansion would not be wise under the same law? |
(a) Probably YES
[1.9, 1.10] (b) Perhaps YES? [1.9] |
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11-3: M&F signs a joint defense agreement with a law firm representing a co-defendant of M&F's client. π succeeds in getting the other law firm disqualified b/c π is the other firm's former client. What happens to M&F?
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M&F probably must ...?????
[1.0, 1.9] |
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11-4: M&F received a call to defend a major accounting firm in a 10b-5 class action involving a dot-com co. whose stock has precipitously dropped. The accounting firm sent F the pleadings, & F met with them for 3 hours yesterday, explaining the firm's approach & the possible lines of defense the accounting firm might use. The firm promised to get back to M&F next week. Today, M circulated a conflicts memo asking whether the firm could take on the representation of the ∆ underwriter in the same matter. What should F do?
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M&F CAN'T? agree to represent underwriter.
This result would change if M&F obtained informed consent, confirmed in writing, by both parties? M&F CAN'T? set up an effective screen for F. [1.18, 1.0, 1.10, 1.7] |
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11-5: Small Co. asks M&F to bring a huge fraud & RICO claim against Magna Co. M circulates a conflicts memo. The next day she receives a call from her bankruptcy partner. "We represent Big Bank in a $600 million loan to Magna that is scheduled to close next Tuesday. I'll tell the CEO right away, and we'll be heroes."
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M&F MUST NOT disclose to Big Bank & probably MUST withdraw from representing Big Bank.
[1.18, 1.4, 1.16, 1.9] |
