Quiz Answer…

 

B is the correct answer.  Lawyer should withdraw from the case and keep Smith’s statement in confidence.  When an organization is the lawyer’s client, the lawyer owes a duty of loyalty to the organization.  When the interests of the organization and its constituents conflict, the lawyer should remind the person that the lawyer represents the organization and not the person.  It would be appropriate for the lawyer to remind the the person that communications between them may not be protected by the attorney-client privilege, and that the person may want to obtain independent counsel.  [ABA Model Rule 1.13]  Here, lawyer should not have asked the question unless he was prepared for an affirmative answer.  He should have known before asking that if the answer was yes, Smith’s interests and Business Supply’s interests would conflict.  Lawyer should not have offered to represent Smith and should not have promised to keep Smith’s statements in confidence, and Lawyer could be subject to discipline for this conduct.  Once Lawyer agreed to represent Smith, and Smith has confessed in confidence, the only thing Lawyer can do is withdraw from the matter entirely and and keep Smith’s confession in confidence.  [See ABA Model Rule 1.9] 

 

 

 

 

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