Baby Jessica: Exercise One - Instructions

All students should prepare to play the lawyer's role (Scarnecchia) for an imaginary meeting at the University of Michigan Child Advocacy Clinic with Jan DeBoer (the adoptive father) after the meeting between Robby DeBoer and Scarnecchia described in Vol. III: 26-28. (You will be "Sam" Scarnecchia if you are a man.) I will play the role of Jan DeBoer. This will be your first meeting with Jan DeBoer; at your suggestion Robby DeBoer is not present. Assume that the Michigan Rules of Professional Conduct (MRPC) are identical to the Georgia Rules.

As in real life, you, the lawyer, are already very familiar with the legal issues in the case and you have read the decision of the Iowa Supreme Court. The primary purpose of this meeting is to discuss with Jan DeBoer his goals for the representation and to define the scope of representation (see RPC 1.2) at least as far as he is concerned. You should also discuss any possible conflicts of interest and determine whether it is possible to obtain his informed consent to your joint representation of both him and his wife (as well, of course, to any other potential conflicts of interest). Robby gave you her consent to joint representation in your prior meeting with her, which included authorization for you to share with her husband all information protected by RPC 1.6.

Do not spend this time interviewing Jan DeBoer about the facts of the case or his personal background except as it relates to discussion of his goals and the scope of representation. You should however be alert to any potential ethical issues that arise based on all the Georgia Rules of Professional Conduct you have read to date.