02082

Question

Acme Paint Company (Acme) was sued when one of Acme’s trucks was involved in an accident with a car. June, an attorney, (This will tell this is probably a Professional Responsibility question) was retained to represent Acme. (Attorney-client relationship was formed with the usual duties to the client. Acme is an organization client.) She has done substantial work on the case, which is about to go to trial.

Recently, June’s three-year-old niece suffered lead poisoning after being in contact with lead-based paint. (Note Acme is a paint company.) June became so upset (Lawyer personal feeling is involved so the permissive withdrawal for L finding it repugnant) that she joined a local consumer advocacy group, (Lawyer's participation in an advocacy group) No Lead, which lobbies government agencies to adopt strict regulations restricting the use of lead-based paint. (A possible conflict of interest) June also undertook to perform legal research and advise No Lead concerning its tax-exempt status. (Attorney-cleint relationship was formed with the usual duties to the client. The POTENTIAL conflicts of interest between No Lead and Acme.)

In the course of reviewing Acme’s records in preparation for trial, (Duty of confidentiality to the materials gathered in preparation for trial) June found a memorandum from Acme’s President to the company’s drivers. The memorandum states:

We know our paint contains lead and that it is a misdemeanor to transport it over roads abutting public reservoirs. The road our trucks have been using for many years runs alongside the City water reservoir, but it’s the shortest route to the interstate, so you should, for the time being, continue to use that road.

June became outraged by the content of the memorandum. She believed that if an Acme truck were to have a mishap and paint spilled into the reservoir, lead could enter the public drinking water and injure the local population. (Mandatory and permissive withdrawal)

Because of her strong feelings, June anonymously disclosed the memorandum to No Lead and to the media. (Breach of duties of loyalty and confidentiality) She also sent Acme a letter stating that she wished to withdraw from the representation of Acme. (ABA rule allowing L to reveal information if it is necessary to prevent the substantial injury. CA rule prohibiting such disclosure but only recommends ruing reconsideration and resign from the position) Acme objected to June’s withdrawal. (A does not consent to L's withdrawal. Mandatory and permissive withdrawal) June filed with the court a petition for withdrawal.

1. What ethical violations, (#1) if any, did June commit by disclosing Acme’s memorandum? Discuss.

2. What arguments for withdrawal (#2) from representation could June assert in support of her petition to the court, and how would the court be likely to rule? (#3) Discuss.

Answer according to California and ABA authorities.

Outline

1. Ethical Violations by J

(1) Duty of Confidentiality

1) Disclosure for Death or substantial bodily harm (ABA requires, CA optional)

2) CA: good faith effort to persuade the client not to commit

(2) Duty of Loyalty

1) Potential conflict of interest

2) Actual conflict of interest

2. Arguments for Withdrawal

(1) Mandatory withdrawal

(2) Permissive withdrawal

1) Do so without material adverse effect (ABA)

2) Clients doing fraudulent or criminal

3) Insisting on doing what L finds repugnant

3. Court's ruling