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15 Cards in this Set
- Front
- Back
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10-1: It is crunch time. The initial public offering (IPO) of Giggle is almost ready to proceed, but the client has run out of cash to pay counsel. M suggests a 3% allocation of shares in lieu of the outstanding balance. The client gleefully accepts. The IPO is a success. M, as a major shareholder of Giggle, is asked to serve on the board.
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This probably is? ok
[1.7, 1.8] M&F probably should NOT? allow M to accept. |
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10-2: Great business development idea! M&F should insert a clause in all of its estate planning documents that appoints a M&F lawyer as the fiduciary (executor, administrator, or personal representative) of an estate or trustee of a trust. Then, when M&F lawyers act as fiduciary, the fiduciary hires M&F as counsel for the trust or estate.
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M&F probably MAY? insert the clause, if (...)
[1.4, 1.7, 1.8] Probably (OK/NOT)? |
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10-3: The client's story is in every newspaper. Front page. But the client is broke. Should M&F provide free legal services to this criminal defendant in return for the movie rights to his story?
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NO?
[1.8] |
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10-4: The offer is ridiculous. But our client, to survive financially, thinks that she must settle her case now. Should M&F pay her living expenses through trial?
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NO
[1.7, 1.8] |
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10-5: A real tragedy. An automobile accident resulting in the death of Wife & serious injuries to Daughter & Grandmother. M&F undertook the representation of Daughter & Grandmother, as well as the Estate of Wife. Defendant's insurer offers policy limits of $1,000,000 to settle all claims. Should M&F accept the offer?
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Probably NO?
[1.4, 1.8] [Note: relationship between 4.2 & 1.4] |
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10-6: We blew it. Don't know how but we did. M&F failed to file a client's case within the appropriate SoL. Must M sit down w/ the client, confess her error, & offer to pay the entire amount of the underlying claims?
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YES, M must sit down w/ the client & confess her error
[1.4] NO, M must not offer to pay the amount of the underlying claims [1.8, RLGL § 54] |
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10-7: Client tells M&F that he is strapped for cash & cannot afford our requested retainer in a divorce case. M&F, at F's suggestion, has Client sign a promissory note secured by a mortgage on the family home in lieu of the retainer.
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Probably NO.
[1.8] 1.8(i): Cannot have a proprietary interest except for a lien or contingent fee. Under the divorce proceeding, the family home could be part of the division of assets, so the lawyer cannot have an interest in this property. |
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10-8: M&F represents Big Bank in a wide variety of matters. A colleague tells F at lunch, "Did you hear the latest? Sarah Snyder [an associate at M&F] is dating the General Counsel of Big Bank. How's that for cementing our relationship?
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M&F should investigate further
[1.8] |
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10-9: M&F represents Acme Corp. in contested litigation against Zenon, Inc. Our senior associate wants to assume a major role in the case, even though he is married to the lead lawyer for Zenon. He says it'll be a great challenge.
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The associate MAY assume a major role, if he gets informed consent by both of the parties.
[1.7, 1.10] |
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10-10: F is an estate lawyer. One day, he receives a visit from an agitated 50ish man who says, "I need some help for Dad. It is too hard for Dad to travel downtown these days. He needs to change his will to make sure his grandchildren's education is paid for." What should F do?
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Must see Dad--either he comes to F or F goes to him
[1.7, 1.8, 5.4, 1.14] |
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10-11: M&F is hired by Insurance Co. to represent several of its insureds.
(a) Who is our client? |
The insured & perhaps the insurer
[1.7] |
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10-11: M&F is hired by Insurance Co. to represent several of its insureds.
(b): Can Insurance Co. tell M&F how many depositions to take? Whether & when to hire an expert witness? What motions to file? To send bills to an outside auditing co. for review? |
(b) No, but M&F can "consult" on the matter
[1.2, 1.8, 5.4] (5.4(c): a lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer's professional judgment in rendering such legal services.") Not without review [1.8, 1.6] |
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10-11: M&F is hired by Insurance Co. to represent several of its insureds.
(c): In the course of investigating out first case, F comes across a confidential medical file stating that the insured was told by his physician to stop driving b/c of his Parkinson's disease. The insured's policy includes standard language that excludes coverage for drivers who have certain medical conditions. What should F do with this info? |
Neither reveal nor use to insured's detriment. F probably should withdraw, if allowed by the court.
[1.6, 1.8, 1.7, 1.16] |
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10-11: M&F is hired by Insurance Co. to represent several of its insureds.
(d): The π's complaint in our second case demands $300,000 in damages resulting from an auto accident. π offers to settle the case for the policy limits of $100,000, but Insurance Co. tells M, "We'd rather pay you to litigate this case than settle with that malingerer." What should M do? |
A typical insurer undertakes to both defend & indemnify. M should act only in the insured's best interests.
The insurer may be liable for more than the policy limits if it acts in bad faith. [1.2, 1.8, 5.4] |
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10-11: M&F is hired by Insurance Co. to represent several of its insureds.
(e): In our third case, the insured is a physician accused of medical malpractice. π offers to settle well within policy limits, & Insurance Co. agrees, but the physician refuses, saying, "Settling this case will destroy my professional reputation." Insurance Co. directs F to settle. What should F do? |
Advise the insured (physician) of the options & follow the insured's directions
[1.2, 1.8, 5.4] (1.2: "A lawyer shall abide by a client's decision whether to settle a matter.") |
