JURI 580 Final

JURI 580 Final Liberty University

1. Assume that you are in a jurisdiction that has fully adopted the ABA Model Rules of Professional Responsibility. Discuss each answer fully, with citations to the model rules of professional conduct and appropriate Biblical principles that may apply.
   Lawyer is a criminal defense attorney who has been hired by Client to defend Client on a State embezzlement charge. Client has been accused of stealing money from his employer and depositing it in his personal bank accounts. Client is a defense contractor and has access to classified nuclear material. While investigating the Client’s records in preparing a defense, the lawyer is given access to the Client’s e-mail account. Lawyer discovers several e-mails to a foreign national who is offering the Client money in exchange for nuclear secrets. Lawyer further discovers that the Client is in possession of the classified material and is going to turn over the material the next day to the foreign national. What are Lawyer’s ethical responsibilities? Discuss fully with citations to appropriate rules of professional conduct. Additionally, discuss any applicable Biblical principles that would apply to the Lawyer’s responsibilities.
2. Assume that you are in a jurisdiction that has fully adopted the ABA Model Rules of Professional Responsibility. Discuss each answer fully, with citations to the model rules of professional conduct and appropriate Biblical principles that may apply.
   Lawyer represented a Client in a burglary case. Client was convicted and sentenced to prison. During the representation Client tells Lawyer that he also murdered an individual in a separate crime unrelated to the burglary. Lawyer later learns that another man has been tried and convicted for that murder. Lawyer now knows that the Client actually committed that Murder. The innocent man has been sentenced to life in prison without the possibility of parole for a crime he did not commit. What are the Lawyer’s ethical responsibilities? Discuss fully with citations to specific rules of professional conduct. Would your answer change from a Biblical perspective?
3. Assume that you are in a jurisdiction that has fully adopted the ABA Model Rules of Professional Responsibility. Discuss each answer fully, with citations to the model rules of professional conduct and appropriate Biblical principles that may apply.
   Lawyer is contacted by a Client for representation on a federal criminal case. Client is under investigation, but has not yet been charged, with mail fraud. Lawyer and Client negotiate a verbal agreement related to the fees for the representation. The verbal agreement provides that Lawyer will initially represent the Client for $5,000.00. If the Client is indicted, the lawyer informs the Client that Client must pay ‘at least’ another $5,000.00. Client and Lawyer agree that the Lawyer’s fee is $250.00 per hour. Client is indicted, and Lawyer continues to represent Client at all stages of the criminal proceedings, even though Client does not deposit the additional $5,000.00. Client continues to tell Lawyer, “when this is over, I am going to pay you.” After many months of work, Lawyer successfully negotiates a very favorable plea deal for the Client, which results in the Client avoiding any jail time. Client is very happy with the Lawyer’s services. At the conclusion of the case, Client hands Lawyer a $10,000.00 check and says, “This is for all the work you did for me.” May Lawyer keep the additional $5000.00? Discuss fully with citations to appropriate rules of professional conduct.
4. Assume that you are in a jurisdiction that has fully adopted the ABA Model Rules of Professional Responsibility. Discuss each answer fully, with citations to the model rules of professional conduct and appropriate Biblical principles that may apply.
   Lawyer is an experienced personal injury attorney who has obtained high dollar settlements and jury verdict in a number of cases around the State. Lawyer wants to expand the personal injury practice into a new city. Lawyer buys a television advertisement on the local television network that services the target city. The advertisement has a paid actor spokesperson who states as follows: “We will obtain the money that you deserve if you were injured by someone else’s negligence. We have won cases all over the State. We can get money for you!” As the actor is speaking, the following text scrolls on the screen: “–Trip/Fall sidewalk–brain injury: $5,000,000 verdict –Dog bite: $50,000 settlement –Whiplash: $2 million or more settlement.” Does this advertisement violate any ethical rules? Discuss fully with citations to appropriate rules of professional conduct.
5. Assume that you are in a jurisdiction that has fully adopted the ABA Model Rules of Professional Responsibility. Discuss each answer fully, with citations to the model rules of professional conduct and appropriate Biblical principles that may apply.
   Lawyer is defending Client who has been convicted of a murder that the Lawyer is convinced that the Client did not commit. Client will be executed if Lawyer does not obtain exonerating evidence. While conducting an investigation into the case, Lawyer goes to the home of an individual who was also the brother of a suspect in the crime. Lawyer wanted to obtain a DNA sample from the brother as Lawyer believes that the DNA evidence will exonerate the Client. While at the house, Lawyer takes a water bottle without permission and later has it tested for DNA. Tests on the bottle later came back inconclusive. Lawyer’s Client is exonerated on the basis of other evidence. Did the Lawyer’s actions violate the rules of professional conduct? Discuss fully with appropriate citations to specific rules. Additionally, discuss any applicable Biblical principles that would apply to the Lawyer’s behavior in this case.