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A developed nation imports more goods than it exports. This is known as

Marlon greets his regular customers by name every morning when they come in for coffee. He offers them a taste of anything special he has on the menu that day. He also has a database with their birthdays and offers them free pastries on their birthdays. Marlon hopes this attention to his “regulars” will encourage them to

What’s the term Prof. White discussed as our role where we care about the company and its stakeholders?     

Attorney Alex represents Derek and Diana, a married couple jointly charged with felony armed robbery. During trial preparation, Derek informs Alex that he intends to testify and will deny being at the scene, claiming he was home alone during the robbery. Diana plans to testify truthfully, admitting presence but denying participation in the crime. On trial day, after opening statements, Alex advises Derek that testifying falsely is both illegal and unethical. Alex explains that if Derek lies on the stand, Alex may have to take remedial measures, including attempting to have Derek correct the testimony or potentially disclosing the falsehood to the court. Diana testifies truthfully, admitting presence at the scene but denying involvement. When Derek takes the stand, he testifies under oath that he was home all night. Alex immediately recognizes this as perjury. Alex again counsels Derek to correct or clarify his testimony but Derek refuses. The prosecutor, Paula, is a first-year attorney who has not researched binding appellate authority unfavorable to her key legal argument regarding accomplice liability. She misses a key case which, if cited, would help convict the defendants. Alex is well aware of this case, but does not mention it.  Paula also misses procedural deadlines, appears disorganized in filings, and makes several factual misstatements during argument, which she fails to correct. During a recess, Alex consults separately with Derek and Diana. Derek demands Alex maintain confidentiality regarding the false testimony and continue his defense without disclosure. Diana expresses concern about Derek’s false testimony and questions whether Alex can ethically continue to represent both of them given their conflicting interests. What professional responsibility issues are raised?  Answer according to California and ABA, and note any difference if any.  

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?

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?

Attorney Saxon is a member of PHC, a private hunting club founded by Attorney Saxon’s grandfather and 36 other men more than 100 years ago. PHC’s bylaws and membership policy restrict PHC’s membership to male descendants of the founders. Attorney Saxon played no role in formulating the policy, which does not violate state law. However, as chair of PHC’s membership committee, Attorney Saxon follows and enforces the membership policy. Attorney Saxon has never solicited clients through his PHC membership nor discussed his law practice with other PHC members. Attorney Saxon has also never entertained any clients or other lawyers at PHC’s facilities.  Is Attorney Saxon subject to discipline?

Attorney Albert represented Carlos Client as a plaintiff in a personal injury matter under a standard contingent fee contract. Carlos Client agreed to settle the case for $1,000,000, from which funds Attorney Albert would receive $250,000. Carlos Client informed Attorney Albert that he planned to take $25,000 of the settlement funds and spend the money purchasing lottery tickets. Attorney Albert told Carlos Client that he disagreed with this plan and encouraged Carlos Client to take some classes on investing money. Carlos Client agreed to take the classes but still insisted on playing the lottery. Attorney Albert received the check for $1,000,000 three days before Carlos Client was to attend the investing classes. Attorney Albert held the check for one week, giving Carlos Client at least a few days of classes. Attorney Albert then informed Carlos Client of the receipt of the funds, disbursed the funds according to the agreement, and also furnished Carlos Client with an accounting. Attorney Albert told Carlos Client that she had delayed notice to allow time for Carlos Client to come to his senses. Carlos Client laughed and said, “I guess your plan worked, because these classes have convinced me to invest my money in the stock market instead of playing the lottery.” Is Attorney Albert subject to discipline?

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?

Judge Martin took a case under advisement after both parties had completed the presentation of evidence and arguments. The case had been tried without a jury but involved a difficult fact issue of causation and a difficult issue of law. After the case had been under advisement for several weeks, Lawyer Lee, the plaintiff’s attorney, heard rumors that Judge Martin was having difficulty determining the issue of factual causation and was uncertain about the applicable law. Lawyer Lee telephoned Judge Martin, told her of the rumors he had heard, and asked Judge Martin if she would like to reopen the case for additional evidence and briefing from both parties. Thereafter, Judge Martin reopened the case for further testimony and requested supplementary briefs from both parties. Was it proper for Lawyer Lee to communicate with Judge Martin?