This paper answers the outlined question of the assignment. In this company, the relationship between Andrew and Leonard Shoes is that of a client lawyer as illustrated by Dave’s intent to get a will in place. Dave the chairman has been working there for long and his futures roles may be compromised by his failing age hence the request for a valid will for his shares as the ruling majority in the company.
Lawyer Andre Haynus two ideas in relation with the company must be understood and analyzed from the Rule 1.8. In Rule 1.8 a) it is stipulated that a lawyer shall not enter into any business transactions with his client or knowingly acquire possession, ownership or even pecuniary interest (ABA, 2012). If this must happen then the rule states clearly, first, the client must reasonably understand the interest which must be fair between him and the lawyer and that it should be in writing. Secondly, the client after receiving the interest in writing must be given a reasonable opportunity to seek legal counsel independently upon the transaction an finally the client should give an informed consent in writing that explains the role of the lawyer and whether he represents the client or not.
Emanating from this stipulation then Andrew as the representing lawyer of Leonard Shoes in that capacity is prohibited by the law. This means that if has to present the idea to Dave then he must put into consideration the above three conditions of stipulation Rule 1.8 Section (a) parts I, ii and iii (ABA, 2012). Following this rule therefore Haynus must first put the interest into writing and clearly state the terms he is looking for in the company. In conjunction to this, he must upon meeting with Dave outline and illustrate the requirements of this Rule 1.8 in order that the client Dave as the leader of the company may have enough information to a make an informed consent.
An informed consent in this case means that Haynus must stress and explain in great detail the need for seeking for an independent legal counsel. This will allow Dave to get information where from a lawyer with no direct interest in the transaction. Secondly, this is a way to illustrate that the counsel gotten from Haynus is candid and is not in any way affected by the interest.
In the second idea, where Haynus wants a pair of loafers from Leonard’s Shoe Company, the law on Rule 1.8 section (c) provides that a lawyer shall not seek any gifts or draft an instrument that will award a gift to him or other people related to him. In his interest for the loafers and his position as the lawyer of the company, there is a conflicting element (ABA, 2012). In this particular scenario it he must be careful when he visits the store.
Upon getting to the store, he must insist on paying for the pair of loafers and explains to the company members who already know him that it is for the purposes of enacting his professional ethical duties. The company may insist in giving him the pair and he so Haynus must act like any other Leonard Shoe customer by following established rules and procedures in the stores and then pay the full price.
In a case example a solicitor who had failed to disclose the facts about half share restaurant was found to have breached the law. He did not give details about the total value of investment and so when the restaurant collapsed the neighbors sued him for failing to give a complete disclosure. In his book, Perell (1995) notes that the court found that he had the existed solicitor-client relationship and observed that if the neighbor partners knew about the information then they would not have entered into a partnership. Therefore, the trial judge awarded damages, a verdict that was supported by the Court Appeal. The lack of disclosure about mortgage and the leasehold improvements and chattels was a breach of fiduciary duty.
In conclusion, this work observes that lawyers must hold their transactions in the highest of ethics as outlined in the codes. The profession when compared to others likes medicine and accounting demands total ethics observation to ensure justice is delivered.
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