[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

presence of Mr. Perez’s relatives to protect his attorney-client privilege. 14 Second, they were
correct in withdrawing from the joint representation when a conflict appeared, but they
should have sought Mr. Perez’s informed consent to continued representation of his
employer-organization due to the legal significance of Mr. Perez’s disclosures. Third, they
certainly could not have disclosed to the prosecutor without notice to Mr. Perez’s successor
counsel, and if Mr. Perez refused consent, they should have disclosed nothing and claimed
the attorney-client privilege at any subsequent legal proceeding, such as a grand jury
investigation. 15
In other words, lawyers who learn and incorporate the six C’s into their practice should
not fall prey to professional discipline or subject themselves to the civil relief afforded to
clients whose lawyers betray them. They also will move toward respecting client interests
and begin to think of themselves as translators in representing clients, rather than as
authorities or judges who know best.
Problems
6-1. What a great idea Martyn has. The firm should include in our website the names
of our important clients, our litigation victories, and the big deals we have handled. Most of
it is a matter of public record, on file at the courthouse or in filings at the Securities and
Exchange Commission (SEC), argues Martyn.
6-2. Martyn & Fox represent criminal defendants in death penalty cases. Client’s
relatives brought Client some clothes for trial including some racy underwear. Martyn took
a picture of the underwear and posted it on her Facebook account with the caption: “This
is what my client thinks is proper attire for court.” Any problem?
6-3. Martyn & Fox represents Disney as an undisclosed principal for the purpose of
purchasing property to develop a new theme park. Fox thinks that this is a great time to
purchase stock in Disney. Martyn suggests that the firm should purchase adjacent land, for
it will surely rise in value.
C. Evidentiary Protections: Attorney-Client Privilege and Work Product
Immunity RLGL §§ 68-77
The Bounds of the Law:
Court Orders
This series of notes, “The Bounds of the Law,” borrows its title from a century-old ethical
canon repeated in today’s Model Rules: Lawyers have an “obligation zealously to protect
and pursue a client’s legitimate interests, within the bounds of the law.” 1 In these notes we
examine several bodies of generally applicable law that limit a lawyer’s representation of a
client, and therefore require that a lawyer act to avoid violating a legal limitation on the
client’s or the lawyer’s own conduct.
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