Preview

Stephen assignment draft

Good Essays
Open Document
Open Document
828 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Stephen assignment draft
MEMORANDUM
From: Stephen Haas
To: Reader
Date: July 8, 2011
Re: Divulging Confidential Information About our client Ener G. Traidor
Relevant Facts
Our client, Ener G. Traidor (“Traidor”), has retained our firm to assist with his acquisition of an oil drilling company. During the course of the representation, we discovered that Traidor’s plans involved drilling in a manner than could produce dangerous results for a nearby town’s water supply. We have presented Traidor our concerns about the impact of his drilling, but he has refused to take corrective measures.
At this point, our only option to prevent adverse consequences for the nearby town is to disclose our information to the public.
Issue Presented
The issue in this case is whether, under Illinois attorney ethics rules and, without violating the attorney-client privilege, we may disclose Traidor’s plans to the local authorities so as to spare the nearby town harmful environmental consequences.
Applicable Law
Under Illinois ethical rules, “[a] lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted” by other applicable rule. Ill. Sup. Ct. R. Prof'l Conduct, R 1.6(a).
However, an attorney may reveal confidential information “to prevent, mitigate or rectify substantial injury to the financial interests or property of another”, Ill. Sup. Ct. R.
Prof'l Conduct, R 1.6(b)(3) and shall do so “to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm.” Ill. Sup. Ct. R.
Prof'l Conduct, R 1.6(c).
This exception allows an attorney to reveal confidential information “when a client seeks or obtains the services of an attorney in furtherance of criminal or fraudulent activity.” In re Marriage of Decker, 153 Ill. 2d 298, 313 (Ill. 1992). Furthermore, an
Illinois court observed that “it would be

You May Also Find These Documents Helpful

  • Good Essays

    Civil Litigation

    • 2306 Words
    • 10 Pages

    8. After purchasing the home, Plaintiff determined that the foundation was at risk of collapsing and causing substantial damage to the house.…

    • 2306 Words
    • 10 Pages
    Good Essays
  • Good Essays

    11 16

    • 776 Words
    • 2 Pages

    6) The marital status mode for the experimental group was married as its frequency was 25 (78.1%). The control group was married with frequency of 31 (86.1%).…

    • 776 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Applicable statute- Ind. Code Ann. § 34-11-2-4Sec. 4. States that “An action for: (1) injury to person or character, (2) injury to personal property; or (3) a forfeiture of penalty given by statute; must be commenced…

    • 493 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Business

    • 1421 Words
    • 6 Pages

    References: Okrent, Kathy J. (2009). Tort and Personal Injury Law. Fourth Edition: Cengage Learning Inc.…

    • 1421 Words
    • 6 Pages
    Better Essays
  • Good Essays

    A lawyer shall abide by a client's decisions concerning the objectives of representation and shall consult with the client as to the means by which they are to be pursued.…

    • 547 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Intentional Torts

    • 704 Words
    • 3 Pages

    Buckley, W.R. & Okrent, C. J Torts and personal injury law 3rd ed. Ch.6 & 7 (2004).…

    • 704 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Advanced Directives

    • 3334 Words
    • 14 Pages

    Fitzerald, Patrick, Krueger, Kurt V. (2005, Nov 19). Tort Remedy in the Law Versus Economic Restitution for Personal Injury and Wrongful Death. South Economic Association 75th Annual Meeting, Retrieved June 2006, from http://johnwardeconomics.com/Research%20and%20Data/Tort%20Remedy%20v%20Economic%20Restitution.pdf…

    • 3334 Words
    • 14 Pages
    Powerful Essays
  • Good Essays

    Bsbwor501 Final Exam

    • 686 Words
    • 3 Pages

    E) provide legal advice relevant to the client's situation, which the client is free to ignore.…

    • 686 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The key is to maintian honesty and intergrity and to set aside all personal beliefs, though this may not be the easiest, it is the only way to ensure…

    • 297 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Rule 301 of the American Institute of Certified Public Accountants’ professional standards states that a member CPA “shall not disclose any confidential client information without the specific consent of the client.” Auditing documentation should not be made available to outside parties without the authorizing of the client. Although the protection of a client’s information is an important principle of being professional, the member need to release the information under certain circumstance.…

    • 528 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Jan Steen

    • 1628 Words
    • 7 Pages

    Cited: Norton, John. "The Marriage at Cana." America 2007: 26-. ProQuest. Web. 17 Nov. 2011 .…

    • 1628 Words
    • 7 Pages
    Better Essays
  • Good Essays

    I have always admired my family members and everything they do. Especially, my mother because i have always followed her footsteps. Even now as i grow into an adult following her footsteps has helped me more than ever with my future of becoming a paralegal. I’ve had the honor of working in a law office and gaining more interest in the profession and even more knowledge of it. In fact, “The Central Florida Paralegal Association (CEPA) was founded in 1938 to serve paralegals through continuing legal education and professional development” according to an article on paralegal411.org.…

    • 1172 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    * Shall observe the law and make disclosures expected by the law and the profession.…

    • 2005 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    Final Paperedited

    • 2073 Words
    • 7 Pages

    2. To determine the criteria utilized by the Church and the Court in granting the nullity of the marriage on the ground of Psychological Incapacity; and,…

    • 2073 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    TOPIC 1 Locus Standi

    • 8323 Words
    • 25 Pages

    The principles in Cahill in respect of the requirements as to interest and apprehended injury have been generally given a generous interpretation by the courts.1…

    • 8323 Words
    • 25 Pages
    Good Essays