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

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In the last three chapters, we saw that the obligation to maintain client confidencesconstitutes one facet of this loyalty obligation. This chapter and the two following focus onthe principal feature of loyalty: the need to recognize and respond to conflicts of interestcreated by others, including the lawyer’s own interest, the interest of a third person, or theinterest of another current or former client of the lawyer or law firm. These chapters alsoaddress additional remedies commonly sought to remedy conflicts, including judicialdisqualification and injunctive relief, the law of undue influence, and fee forfeiture.Throughout this material, we will find it helpful to address conflicts by following thefour-step approach to resolving conflict of interest recommended in Model Rule 1.7,Comment [2] and outlined here.260
Maritrans GP Inc. v. Pepper, Hamilton & Scheetz602 A.2d 1277 (Pa. 1992)PAPADAKOS, J. . . .Maritrans is a Philadelphia-based public company in the business of transportingpetroleum products along the East and Gulf coasts of the United States by tug and barge.Maritrans competes in the marine transportation business with other tug and/or bargecompanies, including a number of companies based in New York. Pepper is an old andestablished Philadelphia law firm. Pepper and Messina represented Maritrans or itspredecessor companies in the broadest range of labor relations matters for well over adecade. In addition, Pepper represented Maritrans in a complex public offering ofsecurities, a private offering of $115 million in debt, a conveyance of all assets, and anegotiation and implementation of a working capital line of credit. Over the course of therepresentation, Pepper was paid approximately $1 million for its labor representation ofMaritrans and, in the last year of the representation, approximately $1 million for itscorporate and securities representation of Maritrans.During the course of their labor representation of Maritrans, Pepper and Messinabecame “intimately familiar with Maritrans’ operations” and “gained detailed financial and261
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Traversing the EthicalMinefield2
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David Alan SklanskyStanley Morrison
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Copyright © 2018 CCH Incorporated.
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For PeterandFor Our GrandchildrenVi
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ContentsPrefaceAcknowledgmentsPART
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Problems3. Authority in Representin
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ProblemsC. Compliance with Law or C
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The Law Governing Lawyers: Loss of
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B. Wrongful Discharge1. Inside Coun
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Chapter 16: Judicial EthicsA. Intro
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when Martyn & Fox has a range of op
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AcknowledgmentsWe could not have co
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Attorneys (2015)26
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Chapter 1Lawyers, Role, and LawA. L
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questions why lawyers should apply
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Lawyers who see themselves as trans
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“entire devotion to the interest
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The truth-based rationale for the a
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fosters, such as individual initiat
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that alimony can be negotiated late
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behavior in a civil or criminal cas
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andc. is not inconsistent with gene
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define the practice of law. 4Campbe
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previously prepared by a lawyer”
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power to provide for the deportatio
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other law students, in which he thr
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adversaries, courts, and others wit
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C. Professional Discipline Model Ru
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adversely on their ability to pract
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AHP. He did not inform them that th
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5.1(c)(1).”The Trial Commissioner
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wrongfulness of the conduct and cha
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Chapter 3Beginning the Client-Lawye
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competence because they fear they l
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PIESTER, Magistrate Judge. . . .In
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the peaceful resolution of private
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barriers that block understanding b
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3-6. Should Martyn & Fox represent
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Limited-term pro bono service, wher
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Lawyers cannot recognize or solve a
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Togstad that he would consult with
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recovered. . . .Practice Pointers:N
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Lawyer WebsitesABA Formal Opinion 1
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visitors. 22 A particular website m
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unbundled limited assistance).10. A
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Chapter 4CompetenceThis chapter exp
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A third version of the disclosure s
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the individuals owning and operatin
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to whom counsel owed a duty. Here,
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but for defendants’ negligence. P
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(b) Should Martyn tell the caller t
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which juries do not need an expert
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lawyer, reasoning that the interest
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Crawford had pledged to it had prev
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indefinite and perhaps excessive li
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immediately because two loans relat
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[P]laintiffs’ second claim for re
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with intent to defraud or injure an
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40. MR 2.3; RLGL § 95.41. McIntosh
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the client constitutes abandonment,
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entered an order denying Maples’
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abandonment by counsel continuing t
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The Clients The Sixth Amendment con
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counsel for the same crime, or when
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B. ControlModel Rules 1.2, 1.4RLGL
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Actual authority includes both expr
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redirect his actions to release the
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impairment that affected “his abi
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communicates with a client to ensur
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thorough investigation and intervie
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efforts” to ensure that the nonla
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responded that he was going to be a
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guidance in assessing the level of
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Here, Blumenfeld was retained to as
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7. In re Gault, 387 U.S. 1 (1966) (
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sufficient authority to embrace the
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The recognition of confidentiality
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was also a friend of AB’s. Unawar
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school bus. The loaded bus was knoc
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their clients, and apparently acted
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took the client as a client. The la
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The fiduciary relationship between
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me involved in it.Q. “Without get
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“The individual called — I can
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client. . . .The Court of Appeals,
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quoted language from Hickman, howev
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context of the drug industry. Howev
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Chief Justice REHNQUIST delivered t
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enforcement interest is at stake, t
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disclosure, which “heightened her
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After filing suit against petitione
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The determination that Mowbray fulf
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brakes: the ones for the cab worked
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7. Although we do not adopt a cease
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information regarding his client’
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116 N.W.2d 704 (Minn. 1962)THOMAS G
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questionable remedy he may have aga
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The district attorney announces the
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the matter is remanded for further
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advice not to remove documents from
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Moreover, where a law firm believes
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2013, the United States issued a su
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ESG Capital [also] must plead facts
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as part of the fraudulent Facebook
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Page 212 and 213: called “noisy withdrawal”: givi
Page 214 and 215: Nonetheless, twenty years later, wi
Page 216 and 217: lawyer who knew his client had kill
Page 218 and 219: for you to do anything other than w
Page 220 and 221: crimes. The indictment alleged that
Page 222 and 223: harshly than the law requires. Beca
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Page 228 and 229: 6. E.g., Thomas H. Lee Equity Fund
Page 230 and 231: 15. MR 2.3, RLGL § 95.16. MR 1.16(
Page 232 and 233: stock at $17 a share. He alleges th
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Page 238 and 239: of this court would have been much
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Page 242 and 243: pardoned for the crime. 12 At the s
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Page 246 and 247: misrepresentation, in violation of
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Page 250 and 251: Thus, in December 1991, when Snyder
Page 252 and 253: The administrative record in this c
Page 254 and 255: probate judge. Is Fox in trouble?5.
Page 256 and 257: I might sum it up in this way: Of c
Page 258 and 259: 15. E.g., N.Y. Jud. Law § 90(4) (M
Page 262 and 263: business information, including Mar
Page 264 and 265: attorneys who breach their fiduciar
Page 266 and 267: respect to the divorce. Rule [1.12(
Page 268 and 269: Third, orders granting or denying d
Page 270 and 271: ability to “recommend or advocate
Page 272 and 273: 4. Employer and Employee Model Rule
Page 274 and 275: officers to keep Sanford in the res
Page 276 and 277: C. The Legal Principles. . . The [C
Page 278 and 279: the contract contained a clause mak
Page 280 and 281: — in other words, it is within at
Page 282 and 283: A lawyer’s obligation to communic
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Page 286 and 287: follows automatically, regardless o
Page 288 and 289: Jonathan W. FELDMAN, United States
Page 290 and 291: line of the corporate parent,” la
Page 292 and 293: During the representation, misunder
Page 294 and 295: 2. Identification of the client org
Page 296 and 297: 1. Restatement (Third) of Agency §
Page 298 and 299: Chapter 10Conflicts of Interest:Spe
Page 300 and 301: This statement of general principle
Page 302 and 303: the ladder at their respective plac
Page 304 and 305: handle each.Financially, Peter coul
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ATo determine whether actual damage
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Section [37] sets out consideration
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require proof of other damages and
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choice. The majority pointed out th
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IV. Ethical Violations. . . Monroe
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10-8. Martyn & Fox represents Big B
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remain focused on the interests of
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which means that the insurer must p
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damages only the insurer. . . .Para
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additional coverage from another ca
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10-11. Martyn & Fox is hired by Ins
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be vicariously liable for abuse of
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Chapter 11Conflicts of Interest: Fo
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obtaining informed consent, the for
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Officials, including the Planning C
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mistaken. A comment to that provisi
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conflict with their representation
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The public’s trust in the legal s
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Plaintiff’s characterization of L
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Kevin Costello provided the only ev
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Several minutes later, as the discu
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client matter is opened by the firm
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ensure that the screened lawyer act
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Lawyers and Clients:Representing Go
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the political or cabinet head of th
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rules of professional conduct and o
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that provided, “All personnel of
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employees, their partners, and thei
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but nevertheless face clients who a
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the extent that she rounds up to mi
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say that the lawyer who agreed to h
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represent Timothy. Fordham describe
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to educate himself in the relevant
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but all lawyers, in terms of their
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Problems12-1. Martyn flies to San F
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contingent fees demonstrates, for a
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the respondent to prepare a will an
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without adequate time or staffing t
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arbitrator awarded Perez $2,100.00,
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We also agree with the board’s de
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jurisdictions. 13 Most important ar
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The Superior Court judge determined
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Moore, which settled the suit for $
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are adequately enforced. Section 19
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far as the court’s opinion reveal
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. . . was far superior to what cons
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3. Burlington v. Dague, 505 U.S. 55
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Let me make clear that the above op
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law. We reached that conclusion the
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inventory included several accounts
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value of the estate fraudulently in
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Securities and Exchange Commission
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Wadler was fired for other reasons,
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discharge, holding that the at-will
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Formal Ethics Opinion No. 116 (2007
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inquire whether the call is regardi
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firm, none of them shall knowingly
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12. Colo. RPC 1.4.14. . . . [T]he l
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Chapter 14The Bounds of the LawA. I
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Lawyers as GatekeepersThe applicati
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Christian v. Mattel, Inc.286 F.3d 1
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deter costly meritless maneuvers, .
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Problem14-4. Martyn & Fox filed a l
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the emails then existing on Mr. Rom
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prejudiced, but not irreparably, fr
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damages for future loss of wages an
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this case, we conclude that the Pan
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and evaluate the appropriateness of
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Networking Website, They may not us
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party’s counsel. . . . Pursuant t
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G. Communication with Unrepresented
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acts or omissions in the matter und
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Martyn & Fox if we will get one of
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Part IVLawyers and Society:The Prof
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I. Under what circumstances does Ru
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applies.IV. Does a lawyer have a du
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ConclusionUnder amended Rule 8.3, a
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[A]s we noted with respect to our a
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to whom the communication is addres
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about those attorneys who use direc
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most critical question by assuming
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11. Attorneys may Advertise on a So
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In Button, the Court overturned a V
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this distinction.Other First Amendm
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due process guarantees. 27 In crimi
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FictitiousLegalReferral.com require
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949 P.2d 1 (Cal. 1998), cert. denie
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B. The Present Case. . . As the Cou
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casebook. For example, we noted tha
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does not always provide more consum
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(2012).4. See The Bounds of the Law
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regulations. 12Unlike lawyers, howe
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All of these categories except pers
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proceeds with eight Justices, raisi
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the Vice President’s guest on Air
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would be proper for me to recuse. T
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Cheney and he never shared a duck b
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persuasive opinion — even if the
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Supreme Court and was serving as it
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unconstitutional risk of bias.As an
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Chief Justice ROBERTS, with whom Ju
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Chief Justice ROBERTS delivered the
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much as a judge’s personal solici
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opportunity to engage in the campai
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practice in controversy”).43. CJC
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Battle v. Thornton, 79Bayview Loan
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Commodity Futures Trading Comm’n
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Forrest, In re, 214, 225Framm; Atto
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Hughes v. Meade, 137, 138, 139, 141
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MMachado v. Statewide Grievance Com
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Palsgraf v. Long Island R.R. Co., 5
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SSabine Pilot Serv. v. Hauck, 382St
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Treinen, In re, 212Tumey v. Ohio, 4
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Table of Model Rules,Restatements,
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1.7 247, 250, 251, 254, 264, 267, 2
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1.12(a) 2361.12(b) 235, 2361.12(c)
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4.1 413, 415, 4754.1 Comment [3] 18
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2-106(B) 341Federal Statutes and Ad
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Colorado Bar Ass’n, Ethics Comm.
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Indiana R. of Prof. Conduct §1.5(a
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§165.042 92§166.715-166.735 92§1
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§31 384§31 Comment 1 97§32 369,
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§95 81, 83, 115§96 54, 110§97 54
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§51 181Restatement (Second) of Tor
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§2.11 Comment 1 457§2.11(A) 458§
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§2.06 213§2.06(3)(a) 213§5.03 21
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Agency law, duty of control, 106-10
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commingling of funds, 354-356common
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what to disclose, 115-116who should
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clear and serious violations, 283cl
Page 570 and 571:
overview, 42-43, 93-94Restatement (
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of lawyers, 225, 227malpractice, 78
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disclosure, 184-185fiduciary duty,
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disqualification of lawyers, 323dut
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Judges. See also Judicial ethicscom
Page 580 and 581:
criminal defense representation, 10
Page 582 and 583:
organizational clients, 261-264over
Page 584 and 585:
Pretrial publicity, First Amendment
Page 586 and 587:
as gatekeepers, 395-396as instrumen
Page 588 and 589:
United Kingdommultidisciplinary pra
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