Susan is a paralegal in a one attorney office. She works for Mr. Robert Sharky. One...

Susan is a paralegal in a one attorney office. She works for Mr. Robert Sharky. One Friday afternoon, attorney Sharky left early to take a flight to Las Vegas. He planned to be back on Monday. Bob Jones, one of the firm’s divorce clients, runs into the office and tells Susan he just shot his ex-wife when she came at him with a knife after an argument. He throws the smoking gun on the desk and asks Susan to hide it for him. Susan takes the gun and puts it into her desk drawer and locks the drawer. She plans to discuss the issue with her attorney when he gets back from his vacation on Monday. She tells Bob that the firm can help him avoid jail time since the wife instigated it and Bob shot her in self-defense. Bob leaves.

That night Susan joins her friends for happy hour and tells them about what happened but she does not mention Bob’s name. After Susan tells the story, a news flash comes on the television at the bar and the story says the suspect in the wife shooting is Bob.

Use the American Bar Association Model Rules of Professional Conduct or the state of GA ethics rules and spot all the issues in this scenario. What did Susan do wrong and what rules did she violate? Should she have informed the police?

Solutions

Expert Solution

Susan should first get consent from Robert Sharky to act on his behalf when meeting Bob. Bob is a former client and supporting him is not fair. Rule 1.3: Diligence- A lawyer should act with reasonable diligence as per the ABA.
Susan should inform Bob that she cannot safeguard him as he has committed a crime. Rule 1.4-5: Communication- The lawyer should inform the client about any relevant limitation on part of the lawyer if the client expects him certain actions that is prohibited as per the professional code of conduct.
Susan should first handover the property (gun) used in the crime to the police authorities and should not represent Bob in his crime. Rule 1.16-a.1: Declining representation- the lawyer should not represent the client that violates the professional code of conduct.
Susan is postponing the issue until Robert Sharky arrives. Rule 8.4- Misconduct- It is a professional misconduct of the code of conduct if the lawyer is involved in any action that involves dishonesty, fraud, deceit or misrepresentation.
Susan should not have revealed the details of the crime until Bob has provided her with consent to do so. Rule 1.6.c- Confidentiality of information.

keosha answered 11 months ago

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