Quiz-F13-Class13-Annotations

1. As to the conduct of the DeBoers' lawyer in Iowa, John Monroe, which of the following actions would BEST comply with the Georgia Rules of Professional Conduct?

✓A. Transfer the case to Gary Robinson before the case went to trial because Monroe would be a necessary witness.

GRPC 3.7(a): A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness except where:(1) the testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of legal services rendered in the case; or (3) disqualification of the lawyer would work substantial hardship on the client.”

B. Tell Cara at the hospital that he can be her lawyer as well as the DeBoers' lawyer, but because they are paying his fees, anything she tells him he must convey to the DeBoers.

GRPC 1.8(f): “(f) A lawyer shall not accept compensation for representing a client from one other than the client unless...information relating to representation of a client is protected as required by Rule 1.6.” GLE p. 30

C. Advise Cara at the hospital that she could be prosecuted for perjury if she later denies that Scott Seefeldt is the father.

GRPC 4.3(b): “In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not...give advice other than the advice to secure counsel, if a lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client.” GLE p. 80

D. Tell Cara at the hospital that she does not need her own lawyer because he is an officer of the court and will therefore protect her interests.

GRPC 4.3(a): “In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not...state or imply that the lawyer is disinterested...”

2. Assume that GRPC 4.2 applies and that Cara is suing the hospital where she delivered Jessica on the claim that it conspired with the DeBoers to misinform her of her legal rights. Without first getting permission from the hospital's lawyer, can Cara's lawyer interview the nurse who allowed the DeBoers' lawyer into her hospital room as long the lawyer as explains the lawyer's role and gets the nurse's informed consent to the interview?

A. Yes, because 4.2 only applies to named parties to a lawsuit and only the hospital corporation is a defendant.

GRPC 4.2 Comment [4A]: “In the case of an organization, this Rule prohibits communications with an ... employee of the organization ... whose act or omission in connection with the matter may be imputed to the organization for purposes of civil or criminal liability.”

B. No, if the nurse is still a hospital employee and the nurse's statements in the interview could be used to prove Cara's claim against the hospital.

See A. above.

C. Yes, if the nurse is no longer employed by the hospital and has no privileged information relevant to the litigation.

FAO 94-3: “A lawyer may properly contact and interview former employees of an organization that is represented by counsel to obtain non-privileged information relevant to litigation against the organization provided that: (1) the lawyer makes full disclosure as to the identity of his/her client; and (2) the former employee consents.” p. 177

✓ D. B and C but not A.