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LEGAL WRITING (LGLA 1305) MID-TERM EXAM
DUE NO LATER THAN OCTOBER 29, 2013
ASSIGNMENT
As you will remember, we discussed on a number of occasions the fact that
The Texas Bar
Journal
reveals, on a monthly basis, many of the disciplinary actions taken against various attorneys who have run afoul of The State Bar of Texas’ grievance and/or disciplinary process.
That said,
The Texas Bar Journal
also publishes, on a monthly basis, ethics opinions of various sorts that enable attorneys practicing in Texas to avoid getting themselves caught-up in the sort of situations which can lead to grievances and/or finding oneself involved in the disciplinary process.
Your assignment, then, is to analyze exactly one of those types of situations where the attorney’s intentions might arguably be sound, but their ethical behavior, on the other hand, questionable.
To that end, consider the “Question Presented” and the “Statement of Facts” presented below and come to a well-reasoned conclusion thereon after analyzing and discussing in your own words the following elements of legal authority (feel free to use any source available to you—written materials or computer-assisted research—to locate the each of the following authorities; please attach a copy of each to your assignment):
Texas Disciplinary Rules of Professional Conduct Rule 5.06
Texas Disciplinary Rules of Professional Conduct Rule 4.04(a)
Resolution Trust Corp. v. Bright, 6 F.3d 336 (5th Cir. 1993)
In re Dvorak, 2000 N.D. 98, 611 N.W.2d 147 (2000)
Scales v. Committee on Legal Ethics, 191 W.Va. 507, 446 S.E.2d 729 (1994)
Idaho State Bar v. Warrick, 137 Idaho 86, 44 P.3d 1141 (2002)
Virginia Standing Committee on Legal Ethics Opinion 1794 (June 30, 2004)
Professional Ethics Committee for The State Bar of Texas Opinion 585 (Sept. 2008)
QUESTION PRESENTED
In a community with only a limited number of lawyers available, may a lawyer counsel his client to retain all of the lawyers in that community for the purpose of denying local representation to the opposing party?
STATEMENT OF FACTS
A lawyer represents a party in a lawsuit filed in a rural Texas community where there are a limited number of local lawyers. You work in a law office in that rural Texas community where one of the lawyers on staff proposes to counsel one of the firm’s clients to hire
ALL
of the lawyers in that community with the result being that the opposing party would not otherwise be able to employ a local lawyer for representation in the lawsuit.
DISCUSSION
This section will require an analysis of the various legal authorities described above.
CONCLUSION
Counseling a client to hire all of the local lawyers in a community where a lawsuit is filed ________________________ violate the Texas Disciplinary Rules of Professional Conduct if such a course of conduct:
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EXTRA CREDIT
1. What are
FIVE
good things to look-for/identify when reviewing an automobile accident report for the very first time?
2. Explain what I meant when I talked in class about “going beyond” the accident report.
Don’t need to answer
3. Using the internet, find an example of each of the following practice areas and give me the style of that case:
· Personal Injury
· Probate
· Family Law
· Criminal Law
· Civil Litigation
4. Searching internet sites such as Facebook and Twitter, or any of the other far reaches of the blogosphere, see how many—if any—posts you can find from people who say they are “reporting” on their experiences as jurors.
