A consumer’s external social environment includes

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

Stella Supervising Attorney hired a recent law school graduate, Amy, as an associate. For the first six months, Amy Associate was assigned to draft legal documents that Stella Supervising Attorney carefully reviewed and revised before filing. However, shortly after Amy Associate was admitted to the bar, Stella Supervising Attorney told Amy Associate that she would be going on vacation the following week and was assigning Amy Associate the representation of a landlord in a housing case that was going to trial while Stella Supervising Attorney was away. Amy Associate had never conducted or observed a trial before and, because she had not previously worked on any housing cases, she was unfamiliar with the relevant law and procedure. She did not believe that she would have enough time to learn everything that she needed to know, but she was reluctant to decline the assignment. Before the trial began, she met with the landlord and disclosed that this would be her first trial, but the landlord did not object. Although Amy Associate prepared diligently, the landlord lost the trial. Is Stella Supervising Attorney subject to discipline?

Adam, Brian, and Cruz had been indicted for the armed robbery of a cashier at a grocery store. Together, Adam and Brian met with an attorney and asked her to represent them. The attorney then interviewed Adam and Brian separately. Each told the attorney that the robbery had been committed by Cruz while Adam and Brian sat in Cruz’s car outside the store. They each said that Cruz had said he needed some cigarettes and that they knew nothing of his plan to rob the cashier. The attorney agreed to represent both Adam and Brian. One week before the trial, Adam told the attorney that he wanted to plea bargain and that he was prepared to testify that Brian had loaned Cruz the gun Cruz used in the robbery. Adam also said that he and Brian had shared in the proceeds of the robbery with Cruz. What is the proper course of action for the attorney to take?

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?

Solo Practitioner Sandy was appointed to represent Chuck, a criminal defendant, on appeal. Rick, a recently admitted lawyer, agreed to write the brief if Solo Practitioner Sandy would pay him one-half of the statutory fee. Chuck agreed to the arrangement in writing, after full consultation. Rick entered an appearance as co-counsel for Chuck and, with Solo Practitioner Sandy’s knowledge, applied for and received several extensions of time to file the brief. Subsequently, the appellate court dismissed the appeal for failure to pursue the appeal. A third lawyer was later appointed to represent Chuck, whose conviction was affirmed after the appeal was reinstated. Is Solo Practitioner Sandy subject to discipline?

Mathieu was seriously injured in an accident at Marrod’s Department Store. In anticipation of possible litigation, the attorney for Marrod’s Department Store interviewed Cullin, a customer who was the only witness to the accident. The attorney prepared a written account of Cullin’s statement, and Cullin signed it.  One year later, Mathieu filed a personal injury lawsuit against Marrod’s Department Store. In preparing the case, Mathieu’s lawyer identified and interviewed Cullin who had witnessed the accident. Unfortunately, Cullin retained little memory of the accident’s details. Mathieu’s lawyer then served a formal discovery request for any documents memorializing Cullin’s prior statements. The attorney for Marrod’s Department Store refused to produce the written account, memorializing Culin’s prior statements. The attorney for Marrod’s Department Store refused to produce the written account, citing the attorney-client privilege and the work-product doctrine.  Is the court likely to require Marrod’s Department Store’s attorney to produce the written account? 

A zoning law prohibited stores from selling alcoholic beverages before noon on Sundays. Failure to comply was a misdemeanor punishable by a fine of $150. Ariana Attorney was hired by Cathy Client who owned several liquor stores. Cathy Client called Ariana Attorney to ask whether any store owners had been prosecuted for violating the law and whether the fine could be imposed for every sale on a Sunday before noon or only for every Sunday on which alcohol was sold before noon. Cathy Client also asked what he could do to minimize the risk that she would be detected. Ariana Attorney accurately told Cathy Client that the fine could only be imposed for each Sunday on which he sold alcoholic beverages before noon, not for each transaction, and that no one had been prosecuted under the law as yet. Ariana Attorney also told her that she thought it would be improper to advise her about how to avoid detection. Cathy Client thanked Ariana Attorney for the information and hung up. Several weeks later, Ariana Attorney learned that Cathy Client had begun to open her stores for business on Sundays at 9 a.m. Was Ariana Attorney’s conduct proper?

Susan, a sole practitioner, recently suffered an aneurysm and was advised that she could not return to work for four months. Susan delivered all of her clients’ files to Elizabeth, an experienced lawyer in another law firm. Elizabeth agreed to review each client’s file promptly, take any action necessary to protect each client’s interests, and treat the information in the files as confidential. Susan then wrote to her clients, informing each client that the client’s file had been delivered to Elizabeth for review and for any action necessary to protect the client’s interests, and that the client was free to select another lawyer. Susan knew that Elizabeth was competent. Before accepting the client files, Elizabeth conducted a conflicts check to ensure that she did not accept the file of any person whose interests were, or could be, adverse to the interests of any of the current or former clients of Elizabeth’s law firm. Was it proper for Susan to deliver the files to Elizabeth for review?

Solo Attorney Sam agreed to represent Client Cyrus in a complex real estate transaction. Solo Attorney Sam decided to work on the transaction with Lawyer Edward, a more experienced lawyer at a different law firm. Lawyer Edward agreed to perform 60% of the legal work and to receive 40% of the fee. Solo Attorney Sam and Lawyer Edward both agreed to assume joint responsibility for the representation, and the total fee was reasonable. Client Cyrus agreed to the terms of the arrangement, including the shares of the total fee that Solo Attorney Sam and Lawyer Edward would receive, but the agreement was not confirmed in writing. At the conclusion of the transaction, Lawyer Edward received 40% of the total fee as the parties had agreed.  Is Solo Attorney Sam subject to discipline?