FOREIGN LANGUAGES DEPARTMENT
TSUL
Cases on the identifying lawyers’
issues, duties, moral right or
wrong, legal right or wrong
actions
Set up one or more of the following fact patterns and students discuss among
themselves how they would resolve conflicts inherent in each one.
Each group reports a different problem and the other groups and students
comments on their analysis and solutions.
For each problem, the students identify the issues, the duties, the moral right
or wrong, the legal right or wrong, whether these are in tension or not, and
how they might resolve the conflict.
1.
THE LYING CLIENT
John is accompanying an important client of the firm
to court for a brief status conference on a pending case.
While driving the
client to court, the client volunteers that he has not told the partner in charge
of the case an important fact that throws into question whether he has a viable
case or, 37 Instructor’s Manual: Essential Qualities of the Professional Lawyer
instead, is pursuing a baseless matter in hopes of extorting a big settlement
from his opponent who cannot afford to litigate the case. When asked what
the client will do if the judge asks him about this issue, the client responds:
“that’s easy, I will just lie.”
2.
THE MEAN CLIENT
Mary is asked to represent a client who wants to evict
her sister from a home that she manages as trustee for their aged mother who
is in a nursing home. The sister has not paid the agreed-upon rent for some
time because she is ill. The mother has other sources of income and does not
need the income for her own personal needs. The mother also is not aware of
Mary’s client’s plan to evict her sister. After discussing the matter with her
client, Mary comes to believe that the case is
more about spite and hurt
feelings among the sisters than any legal issue, even though the rent has not
been paid and the client has every legal ground to evict her sister.
3.
THE CANCER PATIENT
Bill is a lawyer in a state that does not allow the
sale or possession of marijuana, even for medical purposes. A close friend from
law school is stricken with cancer and is very sick from the chemotherapy. The
friend asks Bill if he can find her some marijuana as she has read that some
cancer patients get relief by using it. Bill has a client who was arrested for
FOREIGN LANGUAGES DEPARTMENT
TSUL
marijuana sales and is pretty certain that he can get him some
marijuana for his friend.
4.
SALLY AND THE SELF-REPRESENTED PARTY
Sally represents a client
in a divorce. The client’s husband is a small property landlord who supports
his family with the income from a small portfolio of rental properties. The
child support guidelines in Sally’s state are established as a percentage of the
party’s income. Sally appreciates and understands
the difference between
gross and net income, but the unrepresented husband does not. The husband
puts the gross income figure on the child support worksheet instead of the net
figure, resulting in a much higher award to Sally’s client and her three
children.
5
. MARK AND THE TAX ERROR
Mark is negotiating a settlement of a
lawsuit with another lawyer. Both lawyers get together with
their clients for a
settlement discussion. Everyone agrees that anything said at the settlement
meeting is “off the record” and cannot be used for any purpose in any other
proceeding. Mark suggests that his client will take a certain sum of money to
settle the case. His opponent turns to his client and says: “you know, if you
pay this, it’s tax deductible for you.” Mark knows that this is not true. The
client says: “well, if that’s the case, I will pay the money.”