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

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10-8. Martyn & Fox represents Big Bank in a wide variety of matters. A colleague tells

Fox at lunch, “Did you hear the latest? Sarah Snyder [an associate at Martyn & Fox] is

dating the General Counsel of Big Bank. How’s that for cementing our relationship?”

9. Close Personal Relationships Model Rule 1.7

Problem

10-9. Martyn & Fox represents Acme Corp. in contested litigation against Zenon Inc.

Our senior associate wants to assume a major role in the case, even though he is married to

the lead lawyer for Zenon. He says it’ll be a great challenge.

C. Client and Third-Person Interests Model Rules 1.7, 1.8(f), 1.14, 5.4(c)

RLGL § 134

Problem

10-10. Fox is an estate lawyer. One day, he receives a visit from an agitated man in his

50s who says, “I need some help for Dad. It is too hard for Dad to travel downtown these

days. He needs to change his will to make sure his grandchildren’s education is paid for.”

What should Fox do?

D. Insurance Defense Model Rules 1.7, 1.8(f), 1.14, 5.4(c) RLGL § 134,

Comment f

Lawyers and Clients:

Insurance Defense

The substantial number of lawyers who provide insurance defense representation live in a

triangular world, caught between the routine demands of insurers, who select the lawyers

who will receive large groups of cases, and the individual insureds, who represent one lone

matter and whose interests might depart from those of the insurer. As a consequence,

lawyers in this kind of practice often face pressure from either insured or insurer, or both,

to shape, and in some cases cramp, the bounds of fiduciary duty owed clients.

Most of the problems created by insurance defense practice originate in the insurance

contract itself. Typical liability policies promise to “defend” when a covered person is sued

for a covered event, and to “indemnify” that person up to an insured amount. They also

provide that the insured agrees to “cooperate” in the defense of the matter, and usually

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