Law – Ethics

Ethics Exam Please choose FIVE out of the following scenarios. For each scenario that you choose below, please do the following: 1. State whether or not a legal ethical violation occurred 2. State the rule number and portion of the rule that was violated 3. Explain WHY you believe that this particular rule was violated. Here, please ensure that you incorporate the rule, text material and a substantive explanation as to why the facts violate the rule you choose. 4. *State what, if any, disciplinary action you believe is appropriate Find an real Indiana example that you can reference, as you come up with your own interpretation. Ethical Scenario #1 Attorney, while visiting with his client in jail, delivered contraband to his client. This contraband included the following: 1. A letter from the client’s girlfriend offering to give a false alibi 2. Several letters from the client’s mother and brother, and other items 3. A phone number of a person who indicated he was willing to testify to his character At first, Attorney denied that he gave him the contraband. After watching the jail visit video, he retracted and admitted that he had physically brought the letters to his client. Ethical Scenario #2 Attorney represented RM, a juvenile who was charged with many crimes. Of these crimes, RM was charged with assault and battery of another juvenile, JB. Attorney entered an appearance on behalf of RM. During the course of representation, Attorney subpoenaed JB for a deposition. After JB failed to appear for a deposition, Attorney moved to exclude her testimony in the case against RM. In the meantime, JB was separately charged with operating a vehicle while intoxicated, JB went to Attorney’s office to hire Attorney. Attorney accepted the case. Ethical Scenario #3 *STUDENTS – In analyzing this scenario, assume that the fee IS in fact reasonable for someone of Attorney’s skill and experience.* Attorney represented a client who was accused of Conspiracy to Commit Dealing in Methamphetamine, a class A felony. The client made it clear to Attorney that he wanted to resolve the case through a plea agreement, as opposed through litigation. Attorney entered into a flat fee agreement with the client for $10,000, to be paid from the cash bond posted by the client’s father. The agreement stated that, barring a failure to perform the agreed legal services, the fee was non-refundable because of the possibility of preclusion of other representation and to guarantee priority of access. After Attorney procured a plea offer, the client stated he was going to hire a different lawyer to see if he could get a better deal. Attorney estimated he had spent about twenty (20) hours working on the client’s case. Client was eventually sentenced similarly to the offer that Attorney procured, and the $10,000 bond was released to Attorney for his fee, per the agreement. Client accused Attorney of improperly collecting the fee and failing to refund an unearned portion of the flat fee. Again, assume that any court would find this fee to be reasonable. Ethical Scenario #4 Attorney is licensed and practices law in the state of Arizona. He is not licensed in the state of Indiana. However, in spring of 2018, he purchased air time for radio stations that broadcasting in Indiana to air an advertisement inviting listeners involved in traffic accidents to call him. As part of the broadcast, Attorney indicated that he is a specialist in the area of Personal Injury and is the very best attorney to call! As a result, two Indiana residents responded to the advertisement. Attorney’s only office is located in Phoenix and he is not part of a national law firm. Neither Indiana nor Arizona certify lawyers as specialists in the area of “automobile accidents.” Ethical Scenario #5 Attorney represented an organization that employed Martha. Martha asked Attorney for a referral to a family law attorney after an altercation with her husband. Shortly thereafter, Martha and her husband reconciled. A few weeks later, Attorney was socializing with two friends, one of whom was also a friend of Martha. Unaware of Martha’s reconciliation with her husband, Attorney told her two friends about Martha’s filing for divorce and about the altercation. Attorney’s only intent was to help Martha and she encouraged Martha’s friend to contact Martha because one of the friends expressed concern for her. When Martha’s friend called Martha and told her what Attorney said, Martha became upset about the revelation of the information and filed a grievance against Attorney. Ethical Scenario #6 An Indiana attorney owns his own, private law practice. He also serves as a contracted public defender. Many times, private attorneys receive contracts fro the county in order to help with the amount of indigent defendants who need representation. Earlier this year, Attorney was appointed, in his capacity as a Public Defendant, to represent a client in a criminal matter. Unaware of this, the client’s father asked Attorney, in his private practice capacity, to represent his son. Attorney accepted $1,000 from the client’s father and continued to represent the client as a public defender. Respondent did not return the $1,000 to the client’s father. Ethical Scenario #7 Client retained Attorney to file a name-change petition. Attorney agreed to the representation, entered her appearance and gave the relevant paperwork to Client to begin the process. Client diligently filled everything out and promptly returned the paperwork to Attorney. Two months later, Client called Attorney’s office and found that Attorney did not file the petition. Client asked several times for an explanation and requested her filed. Attorney failed to respond to Client request. When Client filed a grievance against her, Respondent failed to respond in a timely manner. However, Attorney returned her fee and agreed to file a petition at no charge. Client accepted the offer and agreed. Client again failed to file a petition and to respond to Client’s requests for information. Attorney has been diagnosed with untreated major depression and anxiety disorder. She began treatment for these conditions and is committed to working toward recovery