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

probate judge. Is Fox in trouble?
5. Criminal Defense Model Rules 1.6(b)(6), 3.3 RLGL §§ 63 and 120
Problem
8-13. How does Martyn & Fox deal with a criminal defendant client who insists,
incredibly, that he was in Paris, France, the night of the murder in Paris, Texas? What if we
know in advance? What if it happens as a surprise? Does it matter that we are convinced
our client is innocent?
D. Detecting Conflicts of Interest Model Rules 1.6(b)(7); 1.7, Comment [3];
5.1
Problem
8-14. Martyn & Fox want to hire a brilliant third-year law student in their litigation
department. The student gained litigation experience working in a law school domestic
violence and juvenile law clinic. To facilitate the obligatory conflicts check, Martyn & Fox
ask the new hire for the names of her clinic clients and a brief description of each case.
Does it matter if Martyn & Fox currently represents the county child protective services
agency?
Lawyers’ Roles:
Zealous Representation Within the Bounds of the Law
Several of the cases in the last three chapters in this book provide dramatic examples of
lawyers who underidentified or overidentified with clients. Those who apparently
underidentified with clients, like the lawyers in Perez, Anonymous, and Pressly, breached
fiduciary duties. Those lawyers who apparently overidentified with clients, like the lawyers
in Stratos, Casey, Forrest, and Shaffer Equipment ran afoul of the bounds of the law by
facilitating a client fraud (Stratos), crime (Casey), and a fraud on the court (Forrest and
Shaffer Equipment).
The vast majority of lawyers avoid these extremes by representing their clients zealously
within the bounds of the law. 1 These lawyers refrain from directive behavior by fulfilling
their fiduciary duties and providing zealous representation. At the same time, these lawyers
avoid instrumentalism by maintaining the professional objectivity necessary to provide their
clients with good legal advice. They recognize definitive legal norms but remain willing to
challenge them openly when significant rights of a client are at stake. This is what Judge
Noonan calls the “right relation . . . struck most of the time.” 2 It is a relation of translator
or “wise counselor,” 3 rather than parent or puppet.
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