s1m4 wrote:I wrote interpleader as well, but later realized I f***ed up because there was a case which said that when a holder of the property gets conflicting instruction his duty is to either care for the property himself, or to do an interpleader, and have the court care for it. So, instead of interpleader, I think a good answer would have been to hold the property in his care. Also, he would not be sued by the opposing counsel unless he converted the property by transferring the shares. By holding the property in his own care he would satisfy the duties of an escrow holder, as well as satisfy his duties to his client, which both him and the managing partner wanted to do.
However, on the actual exam I freaked out and wrote interpleader for all the reasons you stated. If I only had 30 more minutes!
praying for a 60 for finishing.
I did the old twiddle your thumbs for as close to 30 days as you can but if nerd & opposing counsel come in hot, have that interpleader on stand by. I also caught myself spelling Conner wrong in every freakin variation possible and thankfully fixed it before time ran out -> Conner, Connor, Conor.
Apologies in advance for half ranting and half commandeering every thread here. Three hours before we do it again.