BUS-5313-MBA Legal Environment of Business

The American Bar Association’s (“ABA”) Model Rules of Professional Conduct (“MRPCs”) are a set ofmodel rules regarding the ethical and professional responsibilities of United States lawyers. While not
binding themselves, the MRPCs serve as models for the ethics rules of most state bar associations. The
legal ethics rules of all 50 states and the District of Columbia are based at least in part on the MRPCs.
MRPC 1.2(d) contains a general prohibition on assisting clients in committing crimes or engaging in
fraud:
A lawyer shall not counsel a client to engage or assist a client in conduct that the lawyer knows is
criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of
conduct with a client and may counsel or assist a client to make a good faith effort to determine the
validity, scope, meaning, or application of the law. (M.R.P.C. 1.2(d))
For this paper:
1. Read Nick Bilton’s 2016 Fortune article, “Exclusive: How Elizabeth Holmes’s House of Cards
Came Tumbling Down,” Download “Exclusive: How Elizabeth Holmes’s House of Cards Came
Tumbling Down,”and Chapter 13 of John Carreyrou’s 2019 book “Bad Blood: Secrets and Lies in
a Silicon Valley Startup.”Download “Bad Blood: Secrets and Lies in a Silicon Valley Startup.”
2. Assume you are a junior attorney employed in the general counsel’s office of Chiat\Day who has
been tasked with reviewing Theranos’ advertising claims. Research and write a 3- to 5-page
essay in which you answer the following questions:
•
Do you believe it would be possible to approve Theranos’s advertising claims without
violating MRPC Rule 1.2(d)? Explain.
•
If so, explain how you might be able to continue working on Chiat\Day’s Theranos
account while also avoiding liability for violating MRPC Rule 1.2(d).
•
In light of MRPC Rule 1.2(d), how would you communicate your concerns about
Theranos’s advertising claims to your supervisors?
•
In light of MRPC Rule 1.2(d), how would you communicate your concerns about
Theranos’s advertising claims to Theranos principals such as Elizabeth Holmes and Sunny
Balwani?
•
Leaving MRPC Rule 1.2(d) aside, discuss your views on Theranos’s advertising claims
from your own personal ethical perspective.
•
Discuss your views on Theranos’ advertising claims from a Christian/biblical perspective.
Citation: Your essay should include citations to at least three sources in the MLA styleLinks to an
external site..
Formatting: Write in Microsoft Word with 1.5-line spacing, 12-point Times New Roman typeface, and
one-inch margins
Legal Ethics Paper
Legal Ethics Paper
Criteria
Ratings
This criterion is linked to
a Learning
OutcomeProfessionalism
and formatting
5 pts
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2 pts
1 pts
Outstanding
Good
Average
Needs
Improvement
Poor
5 pts
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1 pts
Outstanding
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Poor
5 pts
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2 pts
1 pts
Outstanding
Good
Average
Needs
Improvement
Poor
5 pts
4 pts
3 pts
2 pts
1 pts
Outstanding
Good
Average
Needs
Improvement
Poor
5 pts
4 pts
3 pts
2 pts
1 pts
Outstanding
Good
Average
Needs
Improvement
Poor
5 pts
4 pts
3 pts
2 pts
1 pts
Outstanding
Good
Average
Needs
Improvement
Poor
This criterion is linked to
a Learning
OutcomeThoroughly
answers all assessment
questions
This criterion is linked to
a Learning
OutcomeDemonstrates
understanding of legal
ethical issues
This criterion is linked to
a Learning
OutcomeAdequately
explains personal ethical
perspective
This criterion is linked to
a Learning
OutcomeAdequately
explains
Christian/biblical
perspective
This criterion is linked to
a Learning OutcomeUses
proper MLA style citation
Pts
5 pts
5 pts
5 pts
5 pts
5 pts
5 pts