Download Problem 13

CIV PRO 1
PROBLEM #13
We have studied a number of cases/hypos involving ethical issues arising in a
procedural context. We then focused on the procedural aspect of those cases—making a
comparatively minor reference to the ethical implications of the particular situation
presented in the case. As our final course problem, we will consider two situations: one
which I faced and on which some of you will face—from an exclusively ethical
perspective.
SITUATION ONE
Difference between Morals & Ethics?
I told you about a problem I once had, with finding a dental malpractice consultant
expert. I raided USC dental school, which was then “the” location for consultants in the
L.A. area. All four available experts, one by one, advised me that my client really blew
the standard of care. I was desperate to find someone whom I could mention to the P
atty, as being my trial expert should the case not settle (and I could tell he was hot to
settle—which was a huge tactical blunder on his part).
There were forty lawyers on my law firm letterhead side of the “v,” as opposed to the
lone P atty. From prior dealings, I thought I could “snow” him. To buy time, I advised
him that I was busy on other cases, and would get around to obtaining a defense expert
as soon as I could. This was my temporary cover, as I worked my way through USC’s
dental school in search of a friendly consultant.
The defendant dentist told me about a relative who practiced in British Columbia,
Canada—whom I temporarily retained as my potential trial expert. You’ll learn in your
Evidence course that it would be impossible to convince an L.A. trial judge that a
British Columbia dentist could testify on the standard of care in an L.A.-area
malpractice case. However, I was able to snow the P atty by my having spent the $ to
retain a world renowned dental malpractice expert, who just happened to be readily
available in nearby B.C.
Was my ploy unethical?
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SITUATION TWO
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AA “Hypothetical”
You are a law student, poised to begin a summer job with a law firm. That firm does not
have Westlaw or Lexis. You have a law student's Westlaw or Lexis password, which
enables you to conduct free legal research. To keep it over the summer, you will have to
make special arrangements. The usual scenario is that those companies will allow you
to continue using their legal research databases at no charge, if you are a professor's
summer Research Assistant. These companies do not want lawyers or law firms using
their electronic database systems, however, without paying the usual monthly fees.
During this final job interview, just before finals, your potential employer asks you
whether you have a Westlaw or Lexis password. You have thus far had a great
interview. The final hiring decision rests upon your having access to either Westlaw or Lexis for
the summer. You will thus ....