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[confidentiality]

Problem pp. 246-7 What about her decision to go to the scene – any argument for not doing that? Victim’s family’s public plea for help – can Barton respond? could she do so without disclosing information protected by MRPC 1.6? does any of the exceptions in 1.6 apply?

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[confidentiality]

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  1. Problem pp. 246-7 • What about her decision to go to the scene – any argument for not doing that? • Victim’s family’s public plea for help – can Barton respond? • could she do so without disclosing information protected by MRPC 1.6? • does any of the exceptions in 1.6 apply? • assume her state has the same “obstruction of justice” statute as the NY law set forth n. 2 p. 251; would her failure to disclose violate that law? A(2) Direct Evidence in Lawyer’s Possession [confidentiality]

  2. Problem pp. 246-7 c’t’d • Police come to Barton with questions. What can she tell them? • Does MRPC 1.6 control here? • Is the information she has privileged? • what Pollin told her? • what she saw in the woods? • Can she refuse to disclose that Pollin has hired her as his attorney?

  3. Problem pp. 246-7 c’t’d • What should Barton do with the canvas bag that Pollin left with her? • are it and its contents privileged, such that if the police were to subpoena them they would not have to be produced? • is she under a duty to turn them over to the authorities in any event? • if so, can she do that without revealing privileged information? If she can’t, what option is there for protecting the client?

  4. Problem pp. 246-7 c’t’d • What can Barton do with the keys? • are they privileged? • was it proper to take possession of the keys in the first place? • can shereturn them to the scene and remain silent? • Stenhachsuggests it may be possible • n. 3 p. 259: Restatement doesn’t contemplate that option – why not?

  5. Problem pp. 246-7 c’t’d • What should Barton do with the photographs? • are they privileged? • are they protected work product? • direct evidence of a crime? • the equivalent of the lawyer’s mental impressions? • can the prosecution show necessity?

  6. B. Protecting Third Persons from Harm by the Client • Problem pp. 263-4: client who doesn’t like lawyer’s advice and threatens to take action on his own against neighbor • may lawyer now warn neighbor of client’s threats? • what would he be warning the neighbor of? • arson? • fraud? • compare MRPC 1.6(b) before and after 2003 Amendments! (p.20 in Supplement)

  7. Problem pp. 263-4 c’t’d • Lawyer fails to warn, the fraud fails and the client burns the neighbor’s house down • Is lawyer subject to discipline? Cf.Gonella, p. 267 • Is lawyer liable to neighbor for civil damages? Hawkins, p. 264 • Would it change your answer, if the neighbor’s child is severely burned in the fire?

  8. Problem pp. 272-3 • Law firm drafts car leases for lessor client, and car purchases are secured by a lien on the rental payments. Actual leases are fraudulent, firm finds out, Client stops but refuses to rectify. • What are firm’s obligations to the car manufacturers? • Duty not to assist client’s fraud, MRPC 1.2? Mandatory withdrawal 1.16(a)(1)? • permission to disclose to rectify, 1.6(b)(3)? • Duty to report to Board of Directors under Sarbanes-Oxley?

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