CA Bar 過去問分析 Feb 2021 Q4 (Professional Responsibility)
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問題文
Linda Lawyer is just starting out in practice. She arranges with Chiro, a chiropractor, to give Linda’s name to his patients who have been in car accidents or falls. When Linda recovers money in contingent-fee lawsuits for Chiro’s patients, she gives Chiro a gift, which they have agreed will be 5% of Linda’s fee. If Linda recovers nothing, Chiro receives no gift. They also form a partnership, in which Chiro’s services are described as “marketing.”
Pete is one of Chiro’s chiropractic partners. Chiro sends Pete to Linda because Pete is seeking a divorce from his wife Alice.
Pete tells Linda he can never forgive Alice because she was unfaithful. Pete tells Linda that he’s having money problems and asks that she take the case on a contingency basis. Linda tells him she’ll consider it if he’ll have drinks with her. Pete feels he has little choice, and goes out with her. Linda initiates a sexual relationship with Pete, and agrees to take the case. Linda is increasingly distracted from Pete’s case by her desire to spend time with him, sometimes filing papers hurriedly and narrowly avoiding deadlines.
Tom, Alice’s divorce lawyer, calls Linda one day and says, “I know you’re having sex with Pete. Either you settle this case cheaply, or I’ll report you to the Bar.” Linda decides to beat Tom at his own game and, without telling him, calls the Bar herself and reports his threat.
1. What ethical violations, if any, has Linda committed with respect to her:
a. Financial arrangement with Chiro? Discuss.
b. Partnership with Chiro? Discuss.
c. Relationship with Pete? Discuss.
d. Accepting Pete’s case on a contingency basis? Discuss.
2. What ethical violations, if any, has Tom committed? Discuss.
Answer according to California and ABA authorities.
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