Reference no: EM132744034

Assignment 1

Squiggy Squigman retained attorney Laverne DeFazio to represent him on a federal bank robbery charge. The indictment charged that Squigman had robbed Milwaukee Bank on Shotz Street. The prosecutor's case depended in part on photographic evidence obtained from hidden cameras in the bank. None of the photographs clearly depicted the robber's face.
At their first meeting, Squigman told DeFazio that, at the time of the robbery, he was watching television at the home of his friend Shirley Feeney.

While reviewing the evidence, DeFazio noticed that one of the bank photographs showed the robber wearing a ring on the fourth finger of his right hand. Later, at one of their trial preparation sessions, DeFazio saw that Squigman had a ring on the same finger. DeFazio mentioned this to Squigman, and the following conversation occurred:
Squigman: So what? Lots of people wear rings on that finger and lots of rings look like this one.
DeFazio: Yours has a "B" on it.
Squigman: You can't see the one in the bank photo clearly enough to see if there's a "B" on that one.
DeFazio: You might be able to if they blow it up.
After the meeting ended, Squigman removed the ring and DeFazio never saw it again. In a subsequent meeting, DeFazio noticed a tan ring line on Squigman's finger and said, "The DA may ask you about the ring line on your finger." Squigman did not respond.
During the trial, but before he testified, Squigman asked DeFazio what he should do if the prosecutor asks him if he owned a ring with a "B" on it.
"If you insist on testifying, you have to tell the truth," DeFazio said.
The night before closing arguments were scheduled to begin, Squigman gave DeFazio the balance of her legal fee in $100 bills. DeFazio noticed that the serial numbers on 14 of the $100 bills corresponded to the serial numbers identified during the testimony of a bank officer as the numbers on some of the stolen bills.
DeFazio returned all 14 of the $100 bills to Squigman and told him to bring an equivalent sum in other denominations. The following morning, Squigman came to court with bills in various denominations, which DeFazio accepted.
In her closing argument, DeFazio argued that the prosecutor was going after the wrong man and urged the jury to believe Shirley Feeney's testimony confirming Squiggy's alibi.

What standards of professional responsibility, if any, has DeFazio violated by her conduct in representing Squigman? Discuss.

Assignment 2:

Squiggy Squigman retained attorney Laverne DeFazio to represent him on a federal bank robbery charge. The indictment charged that Squigman had robbed Milwaukee Bank on Shotz Street. The prosecutor's case depended in part on photographic evidence obtained from hidden cameras in the bank. None of the photographs clearly depicted the robber's face.

At their first meeting, Squigman told DeFazio that, at the time of the robbery, he was watching television at the home of his friend Shirley Feeney.

While reviewing the evidence, DeFazio noticed that one of the bank photographs showed the robber wearing a ring on the fourth finger of his right hand. Later, at one of their trial preparation sessions, DeFazio saw that Squigman had a ring on the same finger. DeFazio mentioned this to Squigman, and the following conversation occurred:

Squigman: So what? Lots of people wear rings on that finger and lots of rings look like this one.
DeFazio: Yours has a "B" on it.

Squigman: You can't see the one in the bank photo clearly enough to see if there's a "B" on that one.
DeFazio: You might be able to if they blow it up.

After the meeting ended, Squigman removed the ring and DeFazio never saw it again. In a subsequent meeting, DeFazio noticed a tan ring line on Squigman's finger and said, "The DA may ask you about the ring line on your finger." Squigman did not respond.

During the trial, but before he testified, Squigman asked DeFazio what he should do if the prosecutor asks him if he owned a ring with a "B" on it.

"If you insist on testifying, you have to tell the truth," DeFazio said.

The night before closing arguments were scheduled to begin, Squigman gave DeFazio the balance of her legal fee in $100 bills. DeFazio noticed that the serial numbers on 14 of the $100 bills corresponded to the serial numbers identified during the testimony of a bank officer as the numbers on some of the stolen bills.

DeFazio returned all 14 of the $100 bills to Squigman and told him to bring an equivalent sum in other denominations. The following morning, Squigman came to court with bills in various denominations, which DeFazio accepted.

In her closing argument, DeFazio argued that the prosecutor was going after the wrong man and urged the jury to believe Shirley Feeney's testimony confirming Squiggy's alibi.

What standards of professional responsibility, if any, has DeFazio violated by her conduct in representing Squigman? Discuss.

Assignment 3:

Frasier is a successful criminal defense attorney. For the past six months, she has been doing televised trial commentary on a notorious murder trial involving a former football star. Her comments are considered sharp and perceptive, and she has gained national recognition. She has recently received numerous other offers to appear on television. One afternoon, Frasier appears on a live talk show with three other attorneys to discuss the general state of law. The panel takes questions from phone callers. The callers are asked to use their first names only in order to protect their privacy.

A young woman name Daphne calls and directs her question to all of the lawyers on the panel: "I have just received a subpoena to be a witness at my brother's criminal trial and I don't want to testify. Is there anything I can do to avoid appearing?" Just as one of the attorneys is about to answer the question, Frasier interrupts and says, "I believe that I'm the most qualified person to help Daphne with her problem because I have such extensive criminal trial experience and am looked upon across the country as an expert in this area. Daphne, before I can help you, I need to know more about why you don't want to testify." Daphne responds, "I'm afraid that I might be arrested if they find out I helped my brother." Frasier responds, "Daphne, why don't you call my office at 555-6800 to set up an appointment? You are definitely in need of professional help, but your situation requires more detailed advice than I can give you here or over the phone. Don't worry: I have gotten many a client out of similar jams."

When the television program ends, Frasier stops by the station's newsroom and delivers two front-row tickets to the most popular play in town to the news director. Frasier says to the director, "This is just my way of saying thank you for the interview that you did with me last week. My phone has been ringing off the hook ever since. Lots of new clients."

Has Frasier violated any standards of professional responsibility? Discuss.