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

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Martyn & Fox if we will get one of our paralegals to apply for employment at the plant.What should we say?1. The Bounds of the Law: Court Orders, supra Chapter 6; The Bounds of the Law: Fraud, supra Chapter 7; TheBounds of the Law: Crime, supra Chapter 8.2. See Lawyers and Clients: Representing Governments, supra Chapter 11.3. See Lawyers and Clients: Insurance Defense, supra Chapter 10.4. E.g., Greycas v. Proud, supra Chapter 4 (judgment against an opposing party’s lawyer for $833,760); United Statesv. Shaffer Equip. Co., supra Chapter 8 (lawyers ordered to pay personal sanctions for violating Rule 3.3).5. 26 U.S.C. § 6050I (2012); 26 C.F.R. § 301.6721.6. Very few cases have found such special circumstances. The courts seem to agree that the statutory filing mustamount to something like the facts in Belge: a coerced confession (rather than suspicion) of criminal activity, disclosureof which would violate the client’s Fifth Amendment right against self-incrimination. See Gerald B. Lefcourt, P.C. v.United States, 125 F.3d 79 (2d Cir. 1997).7. Id.; see also In re Vanderveen, 211 P.3d 1008 (Wash. 2009) (lawyer who accepted $20,000 in cash for his fee andlater pleaded guilty to willfully violating federal cash reporting laws disbarred).8. See U.S. Department of Justice, Patriot Act Reports (Section 1001), available athttps://oig.justice.gov/reports/patriot.htm (last visited Sept. 19, 2017).9. 31 U.S.C. § 5318(g) (2012).10. See International Bar Association, Anti-Money Laundering Forum, available at http://www.antimoneylaundering.org/europe/united_kingdom.aspx(last visited April 17, 2017).11. Federation of Law Soc. of Law Societies of Canada v. Canada (Attorney General), 339 D.L.R. 4th 48 (B.C.2011) (criminal statutes designed to control money laundering and funding of terrorist activities unconstitutional asapplied to lawyers because the underlying purpose put client’s liberty interests at stake and violated the solicitor-clientprivilege; the federal government should regulate banks and other professions, but the law societies should regulatelawyers, thereby minimizing interference in the client-lawyer relationship).12. See e.g., International Bar Association, American Bar Association and Council of Bars and Law Societies ofEurope, A Lawyer’s Guide to Detecting and Preventing Money Laundering,https://www.americanbar.org/content/dam/aba/uncategorized/GAO/2014oct_abaguide_preventingmoneylaundering.authcheckdam.pdf(last visited August 27, 2017).13. 15 U.S.C. § 7245 (2012); 17 C.F.R. Part 205.14. See Lawrence J. Fox & Susan R. Martyn, The Ethics of Representing Organizations: Legal Fictions for Clients 255-261 (Oxford U. Press 2009).15. Empirical evidence is slim, but suggests that in about 15 percent of money laundering convictions in one circuit,a lawyer’s services “likely were used to launder money.” Lawton P. Cummings & Paul T. Stepnowsky, My Brother’sKeeper: An Empirical Study of Attorney Facilitation of Money Laundering through Commercial Transactions, 2011 J. Prof.L. 1, 36.11. Section 1927 provides for imposition of “excess costs, expenses, and attorneys’ fees” on counsel who “multipliesthe proceedings in any case unreasonably and vexatiously.”12. For example, because the action was frivolous on its face, why would Mattel’s attorneys need to spend 700 hours($173,151.50 in fees) for the summary judgment motion and response? Although Hicks clearly complicated theproceedings through multiple filings, Mattel’s theory and approach was stunningly simple and required littleexplication: (1) Mattel’s Barbie dolls and face paint were prior copyright creations that could not infringe the aftercreatedClaudene doll and (2) Christian was neither a contributor to nor owner of the copyright. This is not to say thatHicks’ defense of the motion necessarily called for a timid response, but neither does it compel a bazooka approach.5. A court may hold an evidentiary hearing to determine what facts the attorney knows and whether they arenecessary to the disposition of the matter. In this case, such a hearing is unnecessary because Williams’ knowledge of thenature of the advice and information provided to the defendant in the underlying case is apparent and undisputed bythe defendant.3. Harvard claimed fees of $152,255.96. The judge reduced this amount after deducting fees incurred in the454
proceedings before the commission, and subtracting a portion of the billing rate as excessive.455
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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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fraud, deceit, and dishonesty, 17 f
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called “noisy withdrawal”: givi
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Nonetheless, twenty years later, wi
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lawyer who knew his client had kill
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for you to do anything other than w
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crimes. The indictment alleged that
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harshly than the law requires. Beca
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illicit activity for the exception
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point, a successor in interest, suc
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6. E.g., Thomas H. Lee Equity Fund
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15. MR 2.3, RLGL § 95.16. MR 1.16(
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stock at $17 a share. He alleges th
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plaintiffs named him as a defendant
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enforcement officials for the commi
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of this court would have been much
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prejudicial to the administration o
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pardoned for the crime. 12 At the s
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accident in which the Fennimores’
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misrepresentation, in violation of
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sanctionable under Rule 38. We dire
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Thus, in December 1991, when Snyder
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The administrative record in this c
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probate judge. Is Fox in trouble?5.
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I might sum it up in this way: Of c
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15. E.g., N.Y. Jud. Law § 90(4) (M
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In the last three chapters, we saw
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business information, including Mar
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attorneys who breach their fiduciar
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respect to the divorce. Rule [1.12(
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Third, orders granting or denying d
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ability to “recommend or advocate
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4. Employer and Employee Model Rule
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officers to keep Sanford in the res
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C. The Legal Principles. . . The [C
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the contract contained a clause mak
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— in other words, it is within at
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A lawyer’s obligation to communic
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property. Recently, Lawyer prepared
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follows automatically, regardless o
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Jonathan W. FELDMAN, United States
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line of the corporate parent,” la
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During the representation, misunder
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2. Identification of the client org
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1. Restatement (Third) of Agency §
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Chapter 10Conflicts of Interest:Spe
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This statement of general principle
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the ladder at their respective plac
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handle each.Financially, Peter coul
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trying to cover his butt. If the ap
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10-2. Great business development id
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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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Page 418 and 419: Formal Ethics Opinion No. 116 (2007
Page 420 and 421: inquire whether the call is regardi
Page 422 and 423: firm, none of them shall knowingly
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Page 426 and 427: Chapter 14The Bounds of the LawA. I
Page 428 and 429: Lawyers as GatekeepersThe applicati
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Page 432 and 433: deter costly meritless maneuvers, .
Page 434 and 435: Problem14-4. Martyn & Fox filed a l
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Page 448 and 449: party’s counsel. . . . Pursuant t
Page 450 and 451: G. Communication with Unrepresented
Page 452 and 453: acts or omissions in the matter und
Page 456 and 457: Part IVLawyers and Society:The Prof
Page 458 and 459: I. Under what circumstances does Ru
Page 460 and 461: applies.IV. Does a lawyer have a du
Page 462 and 463: ConclusionUnder amended Rule 8.3, a
Page 464 and 465: [A]s we noted with respect to our a
Page 466 and 467: to whom the communication is addres
Page 468 and 469: about those attorneys who use direc
Page 470 and 471: most critical question by assuming
Page 472 and 473: 11. Attorneys may Advertise on a So
Page 474 and 475: In Button, the Court overturned a V
Page 476 and 477: this distinction.Other First Amendm
Page 478 and 479: due process guarantees. 27 In crimi
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Page 482 and 483: 949 P.2d 1 (Cal. 1998), cert. denie
Page 484 and 485: B. The Present Case. . . As the Cou
Page 486 and 487: casebook. For example, we noted tha
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Page 494 and 495: All of these categories except pers
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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
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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
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criminal defense representation, 10
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organizational clients, 261-264over
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Pretrial publicity, First Amendment
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as gatekeepers, 395-396as instrumen
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United Kingdommultidisciplinary pra
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