Am sifting through old exams and found a toughy but I think a goody-note that prof doesn't provide answers would love input from all:
"Lawyer is an associate at a small law firm in state X. Lawyer's boyfriend asks lawyer if lawyer can show the boyfriend a deed written by lawyers firm, which from time to time writes such things. The boyfriend says that their parent, in State Y, is wanting to convey land in a simple transaction, and the boyfriend wants to compare the way their parent has written their deed (parent is unrepresented) against the law firm deed."
Assume lawyer agrees and redacts out any confidential information on the deed, so that boyfriend looks at it purely as a "form"
a) explain any ethical issues, if any, with showing boyfriend the deed
Now assume boyfriend is also an attorney in state X, but his firm does not do any deed work. Boyfriend plans to write the deed for his parent himself and wants to use the redacted deed as form for the basis of his parents deed.
b) explain any ethical issues for lawyer with showing boyfriend the deed
Now assume that the Boyfriend, an attorney in State X merely wants to write the deed himself, without looking at any proprietary information from Lawyer's firm. Are there any ethical issues for either boyfriend, or lawyer in helping the parents in state Y write the deed? Would you advise either of them to do this?
Note that this professor is legendary for occasionally giving questions to which there are NO eithics violations, and would love to know if any of you think there are any violations here as I honestly am leaning towards none.
Thanks!
Ethics gunners Help! Forum
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Re: Ethics gunners Help!
Sharing the prof's exam with the world is a violation.flyguy123 wrote:Am sifting through old exams and found a toughy but I think a goody-note that prof doesn't provide answers would love input from all:
"Lawyer is an associate at a small law firm in state X. Lawyer's boyfriend asks lawyer if lawyer can show the boyfriend a deed written by lawyers firm, which from time to time writes such things. The boyfriend says that their parent, in State Y, is wanting to convey land in a simple transaction, and the boyfriend wants to compare the way their parent has written their deed (parent is unrepresented) against the law firm deed."
Assume lawyer agrees and redacts out any confidential information on the deed, so that boyfriend looks at it purely as a "form"
a) explain any ethical issues, if any, with showing boyfriend the deed
Now assume boyfriend is also an attorney in state X, but his firm does not do any deed work. Boyfriend plans to write the deed for his parent himself and wants to use the redacted deed as form for the basis of his parents deed.
b) explain any ethical issues for lawyer with showing boyfriend the deed
Now assume that the Boyfriend, an attorney in State X merely wants to write the deed himself, without looking at any proprietary information from Lawyer's firm. Are there any ethical issues for either boyfriend, or lawyer in helping the parents in state Y write the deed? Would you advise either of them to do this?
Note that this professor is legendary for occasionally giving questions to which there are NO eithics violations, and would love to know if any of you think there are any violations here as I honestly am leaning towards none.
Thanks!
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- Joined: Mon Feb 02, 2015 10:25 pm
Re: Ethics gunners Help!
Not sure if serious-these are publicly available in our library and used as teaching tools, though if others think this is no beuno I'll take down the hypomvp99 wrote:Sharing the prof's exam with the world is a violation.flyguy123 wrote:Am sifting through old exams and found a toughy but I think a goody-note that prof doesn't provide answers would love input from all:
"Lawyer is an associate at a small law firm in state X. Lawyer's boyfriend asks lawyer if lawyer can show the boyfriend a deed written by lawyers firm, which from time to time writes such things. The boyfriend says that their parent, in State Y, is wanting to convey land in a simple transaction, and the boyfriend wants to compare the way their parent has written their deed (parent is unrepresented) against the law firm deed."
Assume lawyer agrees and redacts out any confidential information on the deed, so that boyfriend looks at it purely as a "form"
a) explain any ethical issues, if any, with showing boyfriend the deed
Now assume boyfriend is also an attorney in state X, but his firm does not do any deed work. Boyfriend plans to write the deed for his parent himself and wants to use the redacted deed as form for the basis of his parents deed.
b) explain any ethical issues for lawyer with showing boyfriend the deed
Now assume that the Boyfriend, an attorney in State X merely wants to write the deed himself, without looking at any proprietary information from Lawyer's firm. Are there any ethical issues for either boyfriend, or lawyer in helping the parents in state Y write the deed? Would you advise either of them to do this?
Note that this professor is legendary for occasionally giving questions to which there are NO eithics violations, and would love to know if any of you think there are any violations here as I honestly am leaning towards none.
Thanks!
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- Joined: Mon Nov 09, 2009 5:50 pm
Re: Ethics gunners Help!
Don't listen to that guy - you're fine.flyguy123 wrote:Not sure if serious-these are publicly available in our library and used as teaching tools, though if others think this is no beuno I'll take down the hypomvp99 wrote:Sharing the prof's exam with the world is a violation.flyguy123 wrote:Am sifting through old exams and found a toughy but I think a goody-note that prof doesn't provide answers would love input from all:
"Lawyer is an associate at a small law firm in state X. Lawyer's boyfriend asks lawyer if lawyer can show the boyfriend a deed written by lawyers firm, which from time to time writes such things. The boyfriend says that their parent, in State Y, is wanting to convey land in a simple transaction, and the boyfriend wants to compare the way their parent has written their deed (parent is unrepresented) against the law firm deed."
Assume lawyer agrees and redacts out any confidential information on the deed, so that boyfriend looks at it purely as a "form"
a) explain any ethical issues, if any, with showing boyfriend the deed
Now assume boyfriend is also an attorney in state X, but his firm does not do any deed work. Boyfriend plans to write the deed for his parent himself and wants to use the redacted deed as form for the basis of his parents deed.
b) explain any ethical issues for lawyer with showing boyfriend the deed
Now assume that the Boyfriend, an attorney in State X merely wants to write the deed himself, without looking at any proprietary information from Lawyer's firm. Are there any ethical issues for either boyfriend, or lawyer in helping the parents in state Y write the deed? Would you advise either of them to do this?
Note that this professor is legendary for occasionally giving questions to which there are NO eithics violations, and would love to know if any of you think there are any violations here as I honestly am leaning towards none.
Thanks!
As for your hypo - I don't know and am not thinking about it, but something about not investigating potential conflicts before sharing a document. Also sharing the document seems to amount to giving advice, which again can't be done without taking care to clear conflicts. Also something about not being able to be affiliated with a firm yet do side jobs without disclosing to firm (affects malpractice coverage - but that might not be in scope of your class). Also something about not being able to advise someone on how to practice law without a license. Also something about not being able to ghost write legal documents for someone else who will then be the ultimate signatory (like you can't write a legal brief for someone who then files it in pro per, that sort of thing).
But I don't know - just wanted to chime in on the reflexive "HONOR CODE VIOLATION" thing.
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