PART I: ESSAYRecommended: 1 Hour. 40% of final exam gradeAmy Attorney was just admitted in December 2021 and has decided to open her own practice focusing on personal injury. She starts an Instagram account in December 2021 calling herself the PI Expert specializing in personal injury. As soon as she opens her practice Amy makes a deal with Chester, a chiropractor, who agrees to pass along Amy’s name to his patients who need treatment after an auto accident or slip and fall. When Amy settles any lawsuit or claim for Chester’s patients, she agrees to send a gift equal to 5% of the total attorney fee to Chester when Amy recovers on cases referred by Chester. Amy also agrees to send any clients needing treatment to Chester, and Chester will give Amy a gift of 10% of the total billing recovered upon settlement. Chester becomes the “marketing” director for Amy’s firm and manages Amy’s Instagram and other social media as part of the agreement.Penelope finds Amy on Instagram and comes in for a consultation after an auto accident Penelope says was caused by David Driver. Penelope has back problems which were exacerbated by the accident. Amy verbally offers Penelope a contingency agreement where Amy is to recover 1/3 of the total recovery. Amy sent a written agreement to Penelope, but it is never signed. Amy has an attraction to Penelope, which is returned. They start a sexual relationship to their mutual satisfaction.On Amy and Penelope’s six month anniversary, Otto, David’s defense attorney (and Amy’s opposing counsel) observed one of the couple’s intimate dinners by accident, and calls Amy one day and accused Amy of having a sexual relationship with Penelope he was going to report to the State Bar, unless she dropped the case. Amy refused.Amy then discovers that David only had a minimum policy of $15,000/$30,000, so she tells Penelope she has to settle for the policy limits, even though Chester’s bill is over $10,000. Left with no choice, Penelope agrees, and as soon as the settlement check is received, Amy deposits it, pays herself $5,000 (1/3 of the settlement) and then tells Penelope since the chiropractor bill is over $10,000, she will only get $1,000, because Amy was able to get Chester to reduce the lien to $9,000. Penelope did not agree to the distribution. Amy sent a check for $9,000 to Chester and $1,000 to Penelope. And from Chester’s $9,000, she told Chester to send her a separate check for 10% of the total chiropractor bill or $900. Chester refuses.1. What ethical violations, if any, has Amy committed with respect to her:a. Financial arrangement with Chester? Discuss.b. Partnership with Chester? Discuss.c. Relationship with Penelope? Discuss.d. Accepting Penelope’s case on a contingency basis? Discuss.2. Using the Instagram account calling herself the PI Expert.3. What ethical violations, if any, has Otto committed? Discuss.Answer according to California and ABA authorities.
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