P purchаsed а new refrigerаtоr with a built in ice maker frоm R. The ice and water were delivered by the refrigeratоr through its door by pressing a button. R had purchased the refrigerator from W who purchased it from D who had purchased it from M. After the refrigerator was delivered to P’s home, P used the ice and water feature in the door of the refrigerator but when P took a drink of the ice water, he immediately felt discomfort in his mouth and throat. Later investigation revealed that the metal screw that pushed the ice out of the freezer and through the door of the refrigerator and into a waiting cup when the button on the door was pressed was improperly made. As a result, small shards of metal were stripped off of the screw and into P’s drink. When P had consumed the ice water, the small metal shards had cut his mouth and throat. Discuss
Lаnа, а Califоrnia lawyer, left an insurance defense firm fоr which she was a partner fоr thirty years during which time she handled only bench trials. She opened up a law office and hired a secretary and paralegal. Lana engaged Ted, an independent media consultant, to develop a marketing plan for the firm. Lana and Ted could not agree on a fixed fee so Lana offered to pay him 3% of all fees attributable to his advertising. Ted agreed and implemented an advertising campaign through broadcast and digital media. The first promotional video on broadcast television and social media depicted Lana arguing a case before a jury after which her fictitious client was seen smiling and shaking her hand. The voiceover of the video stated that this was a fictional depiction and that any given client’s case might have a different result. Clint visited Lana one day, seeking her representation in a felony criminal case. This would have been Lana’s first criminal defense but the issues seemed straightforward to her except for the fact that some of the prosecution evidence was in the form of electronic recordings of Clint’s activities obtained from a pole-mounted camera across the street from his place of business. Clint signed a written fee agreement to pay Lana at the rate of $500 per hour for her services. Being unfamiliar with pole-cam evidence in criminal matters, Lana searched the internet and found some content involving debates among civil rights advocates regarding privacy issues. She then found and reviewed her law student outlines on criminal law and procedure even though there were no references to 4th Amendment principles involving modern electronic surveillance technology. At the preliminary hearing, no electronic surveillance evidence was adduced and Clint was bound over for trial. After being released on his own recognizance, the prosecutor approached Lana in the hallway and made an offer to accept a misdemeanor plea with a sentence of probation. Lana promised to discuss the offer with Clint. Rather than informing Clint of the offer she attended a continuing education seminar four weeks later on handling electronic evidence in jury trials, after which she met with Clint and informed him for the first time of the plea offer. Clint was happy to take the deal and after it was accepted by the judge, Lana presented her final fee bill to Clint, including $6500 billed for the four-week period after the prosecutor originally made the plea offer. What ethical violations, if any, has Lana committed? Discuss fully.