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;
9 Cards in this Set
- Front
- Back
|
9-2: Husband & Wife ask M&F to prepare the papers for the dissolution of marriage. May M&F represent both spouses?
Does it make any difference if the spouses have already agreed to property division, child custody, & support obligations? What if Husband & Wife, to save money & keep peace in the fractured family, ask M to mediate their disputes regarding these issues? |
Probably NO
[1.7] Probably NO [1.2, 1.7] Probably YES [2.4] Probably NO [1.12] |
|
|
9-3: 2 defendants are charged w/ 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 if be okay if M represents 1 defendant & F represents the other? |
Probably NO
[6th Amendment, 1.7, 1.8] The preceding answer does NOT change NO [1.10] |
|
|
9-4: M&F is asked to represent driver-son & 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 F, "I had 2 drinks before I picked up Dad?" |
Probably YES
[1.7] The preceding answer DOES change b/c the drinking brings up a conflict that is nonconsentable |
|
|
9-5: Our longtime corporate brokerage client & 2 of its stockholders have been sued for violating know-your-customer regulations. Can M&F represent the corporation & both stockbrokers?
|
Probably YES, but need to confirm consent in writing
[1.7, 1.8, 1.13, RLGL § 131] |
|
|
9-6: Buyer & Seller of real estate come to M&F to handle the deal. They have agreed on the price, date of closing, & identity of the property to be conveyed. Can M&F undertake the engagement?
|
Probably NO
[1.7, 1.2] |
|
|
9-7: A longtime client of M&F asks us to represent 3 partners in forming a new business: our longtime client, who is the $$ guy; the new venture's CEO; & the woman who owns the patent that's key to the business plan. May we?
|
Probably NO
[1.7, 1.16, 8.4, RLGL § 130] |
|
|
9-8: A corporate client's CEO asks M&F to represent his wife & him in drawing up new wills. Can we do so?
What if the wife takes M aside & 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 the husband's assets; may (must) M&F share that info? |
?
[1.7, 1.2, RLGL § 130] ? [1.4, 1.6, 1.16] ? [1.6, RLGL § 75] |
|
|
9-9: Viacom & Disney are both competing for an open TV channel in NY before the Federal Communications Commission.
(a) Can M represent Viacom while F represents Disney, if each lawyer seeks his or her client's consent? (b) What if M&F lawyers feel comfortable taking on the representation of both? (c) If M&F already represents Viacom in another unrelated matter, can we just take on the representation of Disney seeking the channel? |
(a) NO?
[1.10, 1.7] (b) The preceding answer does NOT change [1.7] (c) NO?, if..... [1.7] |
|
|
9-11: DE has passed legislation that makes it very difficult to do a hostile takeover of a public co. incorporated in DE. M&F is hired to defend Colossus against a hostile takeover by enforcing this legislation in a case brought in DE Chancery Court. At the same time, M&F is hired by Amalgamated Industries to seek a hostile takeover of Apex Corp., a DE corporation headquartered in Ohio. May M&F support the takeover of Apex by attacking the same DE law as unconstitutional in an action pending in the US District Court for the Northern District of Ohio?
|
Probably Yes?
[1.7, RLGL § 128] |
