Legal Case Study: Fgcu's Case

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Lesson 8&9
Assignment Chp. 4
1) (a) I should tell my new boss that FGCU was a client of the last law firm that I worked for. That I also did some work on the case. (b) The new law firm should tell their client about someone with in the firm that has worked for another firm where FGCU was the client. Both the law firm and the paralegal have a duty to give the client competent and diligent representation.
2) Me being a lawyer I need to put my friendship to the side because this is a conflict of interest. I would advise them to get separate lawer. It is not in the best interest of either of the them if I represent them. Money will be envolved, land, children, or adultery and given that inform they need some one to be partial, unbiased, and fair. …show more content…
By using the screening process the firm is saying yes their is some one here that has information about the case previously but they have no involvement in the case right now. Yes, becasue if they do not do a screening they may be disqualified of repesenting a client. Having a small firm you need cases to build your reputation and you do not want to be disqualified for conflicts of interest.
4) Yes, there are ethical issues in this case. The one is whether or not the testator was of sound mind or not. The lawyer has known the testator for along time and would make a good witness. Since, the testator mental capacity is of question and the lawyer can say whether the testator was of sound mind or not the judge can disquifiy the lawyer from repesenting anybody who has anything to do with the case.
5) (a) Some of the rules that came up would have been: Confidentiality, Conflict of Interest, and Duties to Former Client. (b) Being Billy Joel's lawyer I would have disqualifiy myself because i'm not giving my client competent and diligent representation. I could put a letter in writing to both sides letting them know that I'm repesenting their adverse partner. (c) Yes, it could have been different if CBS Records was a former client and not a current client. But I would still have to tell Billy Joel that CBS Records was a former

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