Justin King- Ethical Dilemma

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Justin King
Ethical Dilemma
PA 110: Civil Litigation
April Paxton

Allen, Paxton AND Associates, PA
123 Litigation Lane
Suite 204
Raleigh, NC 27609
Phone (919) 555-1234
Fax (919) 555-6789

To: James Allen, Senior Attorney

From: Polly Paralegal

Re: Justin King
Date: October 1, 2011
Upon speaking with Mr. King yesterday, I have learned some new information that is very important to the firm regarding his case. Mr. King informed me that immediately prior to the accident, he had met with some friends for pizza and beer. He stated that he had “quite a few”. We know that Mr. King was unconscious following the accident and that there was no sobriety tests performed. He has made it known to me that he intends to commit perjury if asked about any alcohol consumption prior to the accident. I contacted Paxton Medical Center to obtain a copy of the toxicology reports. They informed me that any reports had been destroyed in compliance with their retention policy. This matter needs to be addressed immediately. I urge you to either coax Mr. King into telling the truth or withdraw from this case. In this case, we are able, and in my opinion, required to abstain from keeping this information to ourselves. According to the ABA Rules of Professional Conduct, Rule 1.6 (b)(2) states that disclosure is permitted to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services. By intending to lie about his consumption of alcohol, Mr. King may be asserting substantial financial injury to Anhueser Busch and Fran Cuellar. Furthermore, Rule 1.16 (a) (1), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if the representation will result in violation of the rules of professional conduct or...
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