Ron V. Fieryl

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Although this may be incriminating evidence against Ron, it may also be so for Cheryl because she obtained the document illegally. In this situation, I would not negotiate with Ron's lawyer, however, I would turn the documents over to the proper authorities. Some states allow a lawyer to take possession of evidentiary material to examine but require the lawyer to turn that evidence over to the proper authority, such as the police and may require additional steps, such as returning the document to its rightful owner.(comment 3.4(a)). Rule 4.4 does not explicitly address the legal duties of a lawyer when the lawyer receives documents that they know or reasonably should know have been inappropriately obtained by the sending person. Cheryl is the "sending person" in this case. Although the documents were obtained illegally I would not destroy or conceal the documents. I would …show more content…
If the lawyer decides that they want to continue to represent Cheryl, the lawyer should communicate the next steps in the litigation, such as the inappropriately obtained documents have a high possibility of not making it. (In re Shell Oil Refinery; Lipin v. Bender). A lawyer can not violate an ethical rule through the acts of others. A lawyer can not violate the ethical rules through the acts of another. (8.4) Therefore, it is up to the lawyer to properly reframe from engaging in conduct that may be considered unethical. In the future, I would take heed to Rule 5.3 that requires lawyers to ensure that their employees comply with the model rules of professional conduct. When a lawyer fails to comply with 5.3 they may be disciplined for not giving their client proper

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