500 MPRE_Practice-6
pdf
keyboard_arrow_up
School
Chamberlain College of Nursing *
*We aren’t endorsed by this school
Course
MISC
Subject
Law
Date
Nov 24, 2024
Type
Pages
1
Uploaded by HighnessWillpowerStarling30
that the client should get the advice of independent legal counsel regarding the
arrangement, that other lawyers may advance the client's costs without charging the
client the cost of a litigation cost protection policy; and the client gives informed
consentin writing, while the lawyer maintains independent professional judgment.
N.C Formal Ethics Op. 2018-6
5.
Mr. Burns, the chief executive officer of Conglomerate Corporation, now faces
criminal charges of discussing prices with the president of a competing firm. If found
guilty, both Mr. Burns and Conglomerate Corporation will be subject to civil and
criminal penalties under state and federal antitrust laws. An attorney has been
representing Conglomerate Corporation. She has conducted a thorough investigation
of the matter, and she has personally concluded that such pricing discussions did in fact
occur. Both Mr. Burns and Conglomerate Corporation have stopped their denials, and
they now concede that the pricing discussions took place. One of Mr. Burns' defenses
will be thatthe former general counsel of Conglomerate Corporation had advised Mr.
Burns that a discussion of general pricing practices with a competitor would not be
illegal. In contrast, Conglomerate Corporation denies that this was the legal advice
given, and instead asserts that Mr. Burns acted without authority. Given these facts,
would it be proper for the attorney to proceed with the dual representation, if both Mr.
Burns and a separate corporate officer at Conglomerate provide written consent to any
potential conflict of interest between them?
a)
Yes, because their legal and factual assertions appear identical in this case, so the
risk of contradiction or adverse positions in the litigation is de minimis.
b)
Yes, although the likelihood of conflicting positions in such matters as plea
bargainingrequires the attorney to obtain the informed consent of both clients before
proceeding with the representation, dual representation is permissible if each party
consents.
c)
No, because it will always be in the best interest of a corporation to blame the
individual who acted in the situation, to avoid liability under a theory of
respondeatsuperior.
d)
No, the conflicting positions between Conglomerate and Mr. Burns are so great
thatthe same lawyer cannot provide adequate legal representation to both, so consent
to the conflict is ineffective. - d) No, the conflicting positions between Conglomerate
and Mr. Burns are so great that the same lawyer cannot provide adequate legal
representation to both, so consent to the conflict is ineffective.
N.C Formal Ethics Op. 2018-6
6.
Big Firm represents hundreds of corporate clients out of a dozen offices in different
states. The firm has no formal procedures in place to check for conflicts at the outset of
Discover more documents: Sign up today!
Unlock a world of knowledge! Explore tailored content for a richer learning experience. Here's what you'll get:
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help