Ethics - Ethics 8/28/06- Introduction Must email him if I...

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Ethics 8/28/06- Introduction Must email him if I am going to miss class Very Important! Class participation Ethics definition (sortof) – “the law for lawyers” it is what governs lawyers conduct FORMAT for answers 1) Issue 2) Facts 3) Code or applicable rules 4) Analyze 5) Conclusion Example- send an email out to an opposing council 1) careful about privileged information 2) Could come up with CC: or Forward or Reply 3) Could be a problem because Mettadata(spelling?) tracks the changes and a third party can view the document “opinion 782” 4) Another question is it okay to use Mettadata? In NY you are not permitted to trace emails Two sets of rules (some rules are not mandatory they use the word “may”) 1) NY Rules 2) Model rules (ABA and we will focus on them) Most of the time the answers to ethical problems will have “RISK” Ramifications of failure to follow ethics 1) no statute of limitations 2) sanctions 3) civil lawsuit 4) forfeiture of fees 5) your reputation Model Rule 5.2 (important for us) If you observe or act the direction of a senior partner you are responsible (however if the argument by the senior partner is reasonable you are safe 5.2B) If it is not reasonable then the first the thing is too argue with the other attorney if he does not agree go to another attorney/ the ethics office in the firm ( the senior as same responsibility to junior) NY Rule is similar to model 5.2
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Cases Spaulding The plaintiff, a minor, is injured in a car accident. The defendant orders a physical examination, which reveals that the plaintiff has a potentially fatal heart condition. Plaintiff’s counsel does not ask for a copy of the exam report, to which plaintiff is entitled. The case settles, the court approves the settlement (because the plaintiff is a minor), and life goes on. An Army doctor later spots the condition, and the plaintiff sues to re-open the case, arguing that he should get more money because the accident might have caused the condition. The court gives the plaintiff more money, but manages to clear all the lawyers on the ground that defense counsel had no duty to warn the other side (but did have to tell the court so it could evaluate the fairness of the settlement). Disqualification for Violation of Rule : In Papanicolaou v. Chase Manhattan Bank, N.A., 720 F. Supp. 1080 (S.D.N.Y. 1989) , while visiting the defendant's law firm to attend a deposition, the plaintiff stopped by the office of a partner in the defendant's law firm to talk about the case. The partner knew that the plaintiff was represented by counsel but nevertheless had a long conversation with him. The plaintiff's lawyer moved to disqualify the defendant's law firm and to suppress the statements made by the plaintiff. The court granted the motion even though the disqualified law firm had erected a Chinese Wall and spent
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This note was uploaded on 03/19/2008 for the course LAW 101 taught by Professor Stone during the Fall '06 term at Yeshiva.

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Ethics - Ethics 8/28/06- Introduction Must email him if I...

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