Attorney Yolanda performed substantial legal research to sup…

Attorney Yolanda performed substantial legal research to support Senior Partner Steve’s defense of a manufacturer in a price-fixing lawsuit brought by the State Attorney General. After Attorney Yolanda had completed the limited research, Senior Partner Steve removed her from the price-fixing lawsuit and assigned her to other clients’ matters. Consequently, Attorney Yolanda did not learn any material confidential information about the price-fixing lawsuit, including information about the manufacturer, any facts that were in dispute, or legal strategies.Three years later, Attorney Yolanda left that firm and took a position with the State Attorney General, where she was assigned to assist with the ongoing price-fixing lawsuit. Attorney Yolanda told Senior Partner Steve of this assignment, and a short time later, Senior Partner Steve told her that the manufacturer had given written informed consent to Attorney Yolanda’s work on the lawsuit. Without first obtaining informed consent, confirmed in writing, from the State Attorney General, Attorney Yolanda began work on the price-fixing lawsuit.Was it proper for Attorney Yolanda to work on the price-fixing lawsuit at the State Attorney General?

Donald, the owner of Desert Casino, hired Attorney Tim to re…

Donald, the owner of Desert Casino, hired Attorney Tim to represent Desert Casino’s interests during the current session of the state legislature. Donald asked Attorney Tim to testify before a legislative committee that was investigating the effect of gambling upon minors, and Attorney Tim agreed to do so. Attorney Tim obtained information from Donald about the number of minors who had been found illegally gambling in at Desert Casino during the past five years. Attorney Tim prepared written remarks and included Donald’s information in an appendix. Attorney Tim testified and answered questions about Desert Casino’s experience with youth gambling. After Attorney Tim’s appearance, but before the committee had completed its findings or proposed any new legislation, Attorney Tim discovered that Donald had dramatically underreported the number of minors found illegally gambling during the past five years. When Attorney Tim confronted Donald and urged Donald to correct the erroneous information, Donald directed Attorney Tim not to disclose the correct information to the legislative committee. Attorney Tim believed that he was constrained to follow Donald’s direction and did not correct the information he had provided to the committee.Is Attorney Tim subject to discipline?

Attorney Alwin regularly appears before Judge Taylor, a tria…

Attorney Alwin regularly appears before Judge Taylor, a trial court judge who is running for reelection in six months. Over the past year, Attorney Alwin has noticed that Judge Taylor has become increasingly ill-tempered on the bench. Not only is Judge Taylor abrupt and critical of lawyers appearing before her, she is also rude and abusive to litigants. On more than one occasion, Judge Taylor has thrown her gavel across the courtroom in a fit of temper. Judge Taylor’s conduct on the bench is often the subject of discussion whenever a group of lawyers meets. Some lawyers are automatically filing requests for judicial substitution whenever a case in which they are to appear is assigned to Judge Taylor.Attorney Alwin discussed the matter with his law partners, who rarely make court appearances. Attorney Alwin’s law partners suggested that he, too, file a request for judicial substitution whenever one of her cases is assigned to Judge Taylor. In addition, Attorney Alwin and her law partners discussed the possibility of reporting Judge Taylor to the appropriate disciplinary authority but are concerned that this would alienate the other judges to whom their cases are assigned. Attorney Alwin has reluctantly started filing for substitution of Judge Taylor in every one of his cases to which Judge Taylor is assigned, but he has taken no further action.Is Attorney Alwin subject to discipline?

Attorney Alex represented 10 plaintiffs in a case against a…

Attorney Alex represented 10 plaintiffs in a case against a railroad; the plaintiffs had been injured when a train derailed. Railroad Attorney offered Attorney Alex a $500,000 lump sum settlement for the 10 plaintiffs. Attorney Alex allocated the $500,000 among the 10 plaintiffs with the amount to be paid to each plaintiff depending on the nature and extent of that plaintiff’s injuries. Attorney Alex used a medical professional to prepare the allocations and reasonably believed that the division was fair to each plaintiff.The railroad’s offer was valid only if all the plaintiffs agreed to settle their claims. Attorney Alex told each plaintiff the total amount the railroad was prepared to pay, the amount that the individual would receive, and the basis on which that amount was calculated. Each plaintiff agreed to his or her proposed settlement and was satisfied with the amount. Attorney Alex did not inform any plaintiff of the amount to be received by any other plaintiff. Attorney Alex believed that if he revealed to each plaintiff the amount of each individual settlement, it might jeopardize the settlement.Is Attorney Alex subject to discipline for entering into this settlement?

Winona retained Attorney Anton to advise her in negotiating…

Winona retained Attorney Anton to advise her in negotiating a separation agreement with her husband, Hank. Hank, a plumber, had decided to act on his own behalf in the matter. Attorney Anton never met or communicated with Anton during the negotiations. A few months later, Winona informed Attorney Anton that she and Hank had reached an agreement and gave the terms to Attorney Anton. Attorney Anton prepared a proposed agreement that contained all of the agreed-upon terms. Attorney Anton mailed the proposed agreement to Hank, with a cover letter stating:As you know, I represent Winona in this matter and I do not represent your interests. I enclose two copies of the separation agreement that I have drafted in accordance with Winona’s directions. Please read the agreement and, if it meets with your approval, sign both copies before a notary and return them to me. I will then have Winona sign them and will furnish you with a fully executed copy.Is Attorney Anton subject to discipline?

An older adult client has symptoms of osteoporosis and is be…

An older adult client has symptoms of osteoporosis and is being assessed during her annual physical examination. The assessment shows that the client will require further testing related to a possible exacerbation of her osteoporosis. The nurse should anticipate which diagnostic test?