Professional Responsibility Gottlieb Outline
I. Chapter 1 Relationship of Law, Lawyers and Ethics
A. Introduction
1. Ethics refers to imperatives regarding the welfare of others that are recognized as binding upon a person’s conduct in some more immediate and binding sense than law and a more impersonal sense than morals
2. Problem: “Lawyers training demythologizes the law. The lawyer is conscious of the ambiguities of the law’s guidelines, the conflicting character of its policy etc…the essence of his activity is the manipulation of governmental authority and the language and social processes through which that authority is exercised.”
3. Problem: professional ethics give priority to an ‘other’ à the client, and in general require subordination of everyone else’s interests to that of the client
4. Rules of legal ethics are not universal à your job begins by making a distinction between your client and everyone else.
a). Prohibited Assistance – what kinds of things is a lawyer prohibited from doing for the client?
b). Competence – what measures will assure competent lawyering?
c). Confidentiality – What info learned by a lawyer should be treated as a secret, and from who and under what conditions may the secrecy be lifted?
d). Conflicts of Interest – when and to what extent is a lawyer prohibited from acting because there is a conflict of interest b/w her clients or b/w herself and a client
B. Adversary Ethics and Spaulding v. Zimmerman
1. Appeal from an order that set aside a prior order approving a settlement between some parties in a car accident.
2. David Spaulding was riding in John Zimmerman’s Car when it collided with Florian Lederman’s car
3. David was examined and diagnosed by his own physicans with a number of problems
4. Δ ordered a medical exam. Δ doctor found an aorta aneurysm but Δ counsel didn’t disclose to Π. Much more serious and potentially fatal problem
5. Based upon the affidavits from Π’s doctors, the court approved the settlements reached by the parties. The report from the Δ doctor was not offered.
6. Later when David went for Army reserve physical the condition was discovered – it had progressed and was easier to observe.
i. NOTE: he was a minor at the time of the settlement, so he never consented to the settlement.
ii. He began the presen
all you have on medical evidence…” you have to say no
xi. We have to disclose adverse evidence, but we have to keep medical reports prepared by physicians secret. Those don’t line up.
7. There is now a disclosure provision in the FRCP that appears to require disclosure of a lot of info à but as long as the attorney
8. decides not to call the expert, the attorney has the power to avoid some of the disclosure requirements.
9. What about Π attorney à failure to obtain all of the information. All he had to do was ask for the report.
10. Gottlieb feels there is pervasive misconduct here by multiple parties
C. Togstad Case
1.
II. Chapter 6 Lawyer Client Relationship
A. Division of Authority b/w Lawyer and Client
1. A great deal of this is worked out b/w lawyers and clients
2. There are both limits and background assumptions to consider
B. See Rule 1.2
The Client gets to decide the method of remedy
