GOV-455 Topic 8 Case Study: Lawyer John Worksheet

Complete the “Case Study: Lawyer John” worksheet.

 

Jane and Joe are married and reside in Phoenix, Arizona. Joe has a drinking problem and Jane was tired of Joe’s drinking. Jane told Joe a year ago that she could no longer tolerate his drinking.  Jane insisted that Joe move out of the family home and that he could not move back in until he completed an alcohol treatment program. Joe moved out of the family home but did not complete a treatment program.

 

Last month, Joe became intoxicated, drove a vehicle, got into an accident and hit a pedestrian. Jane learned of Joe’s accident and told him that she wanted a divorce.

 

Joe consulted a lawyer, John, about defending him in a civil action filed by the pedestrian. During their initial meeting Joe also told John that Jane was filing for divorce. Joe is currently unemployed, has no savings, and his only asset is his interest in the family home, which he and Jane purchased during their marriage. Joe did not have money to retain a lawyer. Lawyer John offered to represent Joe if he secured a lien on the family home for his fees, which John agreed to do.

 

Lawyer John’s practice has been slow and he was looking to bring in cases so he reached out to Jane to see if she would like him to represent her in the divorce proceedings. Although he has little experience with family law, John thinks he can most likely do a good job. Lawyer John also disclosed to Jane conversations that Joe and lawyer John had pertaining to his drinking accident.

 

Directions:

 

What, if any, ethical violations has lawyer John committed? In 500-750 words, discuss three-five ethical issues from Lawyer John’s behavior.

 

Answer according to American Bar Association authorities.

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