Well, I needed a break today. So, I fell asleep for about an hour in my room. Unfortunately, its about 80 degress in here or was, anyway. So, I woke up shortly from being hot. So, I set to work on Professional Responsibility again. We typically get two days per topic of out-of-class work. So, I read through Conviser\’s again, reviewed the essays I did yesterday (trying to make sure I got those rules and the contexts they come up in) and then started in on the two for today. As it turns out, I do alright. These essays today were both harder than the one\’s yesterday.
The first essay concerned, primarily receipt of a contingent fee in a divorce action. Duh, cruddy idea. Turns out in CA its ok, so long as it doesn\’t \”encourage\” divorce. Whack, man, whack.
The second essay involved a bank officer divulging to you that his boss and he have been \”cheating\” on the books. Where do one\’s loyalties lie when one has been representing the company, apparently for some time. Apparently one disclosure, in the mind of the base answer suggests that it immediately shifts to the officer alone. I\’d argue it shifts to no one. They argue that you now have confidential (and prejudicial) information about this officer essentially stealing. Thats totally correct. However, this doesn\’t make you immediately his lawyer. In fact, you also have, apparently, several years of confidential information about the company as its outside counsel. This is what is called a conflict. I\’d say, instead, that you can represent neither party effectively. Instead, you are under and ongoing duty to \”warn\” the company\’s board that there are issues, then likely withdraw (not clear in CA). Next, you should advise both parties of your need to withdraw, due to the conflict and withdraw. You must maintain the confidences of both \”clients\” even though the officer only divulged some things, one day to you. But, hey, thats just me. 😉 Hopefully I\’m overly ethical.
In brighter news, thankfully, I get the rest of the weekend until Wednesday off. Thank Heaven. I\’m really running low on steam. They said something about a \”wall\” this week in Barbri. They would be right.
So, I\’m going to go see Superman with Heidi, probably, and then see some fireworks with her on Tuesday! Woo, I\’m excited to play a bit. Just hope it doesn\’t turn my brain to mush.