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

Limitations, conditions, or disclaimers of lawyer obligations will be effective only if
reasonably understandable, properly placed, and not misleading. This requires a clear
warning in a readable format whose meaning can be understood by a reasonable person. If
the website uses a particular language, any waiver, disclaimer, limitation, or condition must
be in the same language. The appropriate information should be conspicuously placed to
assure that the reader is likely to see it before proceeding.
Finally, a limitation, condition, waiver, or disclaimer may be undercut if the lawyer acts
or communicates contrary to its warning.
Problems
3-7. Martyn is detailed by her commanding officer to represent Omar Abdullah before
a military commission at Guantanamo. When Martyn meets with Mr. Abdullah, he tells
her he wants to represent himself. Martyn explains that the rules of the commission do not
permit self-representation. “You’ll be better off with me,” Martyn explains in some detail.
Mr. Abdullah, persists. What is Martyn to do?
3-8. Fox really likes posting Q & A’s on Martyn & Fox’s website. Yesterday a website
visitor asked: “I really like the idea of being the sole director of a nonprofit because then I
can’t be fired. Can I do this?” Fox responded: “Our state nonprofit statute permits having
one director, but the IRS may raise questions about tax-exempt status if the sole director is
also a paid employee of the nonprofit. You might have an advisory board set your salary to
minimize questions about your 501(c)(3) status. Call me with any questions.” Okay?
1. Reginald Heber Smith, Justice and the Poor, A Study of the Present Denial of Justice to the Poor and of the Agencies
Making More Equal Their Position Before the Law with Particular Reference to Legal Aid Work in the United States 9
(Carnegie Found. 1919).
2. Deborah L. Rhode, Access to Justice (Oxford U. Press 2004).
3. Other countries and international organizations have recognized the duty of lawyers and governments to provide
legal services to those who cannot afford to pay. See James Moliterno & George Harris, Global Issues in Legal Ethics 69-
71 (West Academic 2d. ed. 2014).
4. Legal Services Corporation, The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-income Americans,
(2017) available at: https://www.lsc.gov/sites/default/files/images/TheJusticeGap-FullReport.pdf (no more than 20
percent of legal needs of the poor are met).
5. Gillian Hadfield, Higher Demand, Lower Supply? A Comparative Assessment of the Legal Resource Landscape for
Ordinary Americans, 37 Fordham Urb. L.J. 129, 143 (2010).
6. Legal Services Corporation, The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-income Americans,
(2017) available at: https://www.lsc.gov/sites/default/files/images/TheJusticeGap-FullReport.pdf.
7. E.g., Carroll Seron, Gregg Van Ryzin, & Martin Frankel, The Impact of Legal Counsel on Outcomes for Poor Tenants
in New York City’s Housing Court: Results of a Randomized Experiment, 35 Law & Socy. Rev. 419 (2001) (legal counsel
provided to poor tenants produced large differences in outcome independent of the merits of the case).
8. See Stephanie L. Kimbro, Limited Scope Legal Services: Unbundling and the Self-Help Client (ABA Law Prac. Mgt.
2012).
9. MR 1.2(c); RLGL § 19 (significant differences in outcome may mean a limited service is not reasonable); see, e.g.,
D. James Greiner, Cassandra Wolos Pattanayak, & Jonathan Hennessy, The Limits of Unbundled Legal Assistance: A
Randomized Study in a Massachusetts District Court and Prospects for the Future, 125 Harv. L. Rev. (2012) (two thirds of
housing defendants given full representation retained possession of their units versus only one third of those provided
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