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2015 WSSFC Quality of Life/Ethics Track – Session 12

Cinema and Ethics: What Can We Learn From Hollywood?

Carl R. Edenhofer Jr., Edenhoefer Law Offices S.C., Salem Bryce A. Lehman, Edenhofer Law Offices S.C., Salem

About the Presenters...

Carl R. Edenhofer, Jr. graduated in 1983 from Hamline University School of Law, and was admitted to the Wisconsin State Bar in 1983. He is an adjunct professor at Carthage College, where he has lectured on various legal topics for 27 years, and a member of the Solo/Small Firm and General Practice Section Board. Attorney Edenhofer practices at Edenhofer Law Offices, S.C. in Kenosha/Paddock Lake, Wisconsin, with his son-in-law Bryce Lehman, J.D. and daughter Aimee Edenhofer, Paralegal, with an emphasis in Estate Planning and Elder Law.

Bryce A. Lehman graduated in 2011 from DePaul University College of Law, and was admitted to the Wisconsin State Bar in 2011. The practice of law is a second career for Bryce, who earned an undergraduate degree in Classical Guitar Performance in 2004 and spent several years teaching and performing music prior to pursuing his legal education. Bryce practices at Edenhofer Law Offices, S.C. in Kenosha/Paddock Lake, Wisconsin, with his father-in-law, Carl R. Edenhofer, Jr., J.D. and sister-in-law Aimee Edenhofer, Paralegal.

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Cinema & Ethics What Can We Learn From Hollywood? Carl R. Edenhofer, Jr., Edenhofer Law Offices, S.C. Bryce A. Lehman, Edenhofer Law Offices, S.C.

COPYRIGHT NOTICE, DISCLOSURE, DISCLAIMER, PRESENTERS’ CYA…

During this presentation you will be seeing clips from various movies. The presenter(s) will be discussing scenes from movies. This is the official notice to the world as a whole that the presenters, Solo Small Firm Conference, Solo-Small Firm & General Practice Section and Wisconsin State Bar DO NOT claim any ownership, right, title, interest or take any credit for the movies referenced in this presentation. All of the movies are subject to copyright and the presenters thank the people who made these movies and extend kudos to them for a job well done. COPYRIGHT credit and privileges belong to: Anatomy of a . Dir. . Perf. , Lee Remick, . Carlyle Productions, 1959. DVD.

Chicago. Dir. Rob Marshall. Perf. Renée Zellweger, Catherine Zeta-Jones, . Films, 2002. DVD.

The Client. Dir. Joel Schumacher. Perf. , , Brad Renfro. Warner Bros., 1994. DVD.

The Firm. Dir. . Perf. , Jeanne Tripplehorn, . Paramount Pictures, 1993. DVD.

Liar Liar. Dir. . Perf. , Maura Tierney, Justin Cooper. Universal Pictures, 1997. DVD.

My Cousin Vinny. Dir. . Perf. , , Ralph Macchio. Palo Vista Productions, 1992. DVD.

Presumed Innocent. Dir. Alan J. Pakula. Perf. , , Greta Scacchi. Warner Bros., 1990. DVD.

The Rainmaker. Dir. . Perf. , Danny Devito, . Paramount Pictures, 1997. DVD.

Runaway Jury. Dir . Perf. John Cusak, , Gene Hackman. Regency Enterprises, 2003. DVD

The Verdict. Dir . Perf. , Charlotte Rampling, . 20th Century Fox, 1982. DVD.

MOVIE: Public Perception?

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MOVIE: A Paralegal and Recent Law School Graduate Visit the Hospital

SCR 20:7.3 A LAWYER SHALL NOT IN PERSON SOLICIT PROFESSIONAL EMPLOYMENT FROM A PERSPECTIVE CLIENT . . . UNLESS THE

PERSON CONTACTED IS:

u 1. A LAWYER;

u 2. A FAMILY MEMBER; or has a

u 3. CLOSE PERSONAL OR PRIOR PROFESSIONAL RELATIONSHIP WITH THE ATTORNEY

Even if OK under SCR 20:7.3(a):

u Not OK if lawyer knows or should know that the physical, emotional or mental state of the person makes it unlikely that the person would exercise reasonable judgment in employing a lawyer.

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See Also: SCR 20:5.1 Responsibilities of Partners, Managers, and Supervisory Lawyers SCR 20:5.2 Responsibilities of Subordinate Lawyers SCR 20:5.3 Responsibilities of Non-Lawyer Assistants SCR 20:5.5(b)(2); SCR 23 Unauthorized Practice of Law SCR 20:1.7 Conflicts of Interest Current Clients SCR 20:7.1 Communications Concerning a Lawyer’s Services SCR 20:8.4 Misconduct [to]: (a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; (c) Engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (f) Violate a Supreme Court Rule regulating the conduct of lawyers; and (g) Violate the attorneys’ oath

MOVIE: The Rainmaker Initiating the Young Law School Graduate

SCR 23:02 and SCR 23:01

u SCR 23:02 License Required to Practice Law

u SCR 23:01 Definition of Practice of Law

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See Also:

SCR 20:3.3 Candor Towards the Tribunal (a)(1) Lawyers shall not . . . make a false statement of fact or law to a tribunal or fail to correct a false statement . . . .

SCR 20:5.5 Unauthorized Practice of Law

SCR 20:8.4 Misconduct

MOVIE: Attorney gets advice from an associate, then meets with a new client

SCR 20:1.2 Scope of Representation and Allocation of Authority

u (a) In a criminal case . . . A lawyer shall abide by the client’s decision as to a plea to be entered

u (d) A lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law

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SCR 20:1.4 Communication

u (a) A lawyer shall: (2) Consult client about means of accomplishing objectives (5) Consult client about limitations on lawyer’s conduct under the Rules of Professional Conduct

u (b) A lawyer shall explain a matter to permit the client to make informed decisions regarding the representation

SCR 20:3.3 Candor Toward the Tribunal

(a) A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal; (3) offer evidence that the lawyer knows to be false

SCR 20:3.1 Meritorious Claims and Contentions

(a) A lawyer shall not: (2) advance a factual position with no non-frivolous basis

SCR 20:3.4 Fairness to Opposing Party and Counsel

A lawyer shall not: (b) falsify evidence, counsel or assist a witness to testify falsely

SCR 20:2.1 Advisor

A lawyer shall exercise independent professional judgment and render candid advice ABA Comment: A client is entitled to straightforward advice expressing the lawyer’s honest assessment, even if unpleasant to the client.

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MOVIE: Anatomy of a Murder The attorneys discuss the strength of their defense

SCR 20:1.3 Diligence

A lawyer shall act with reasonable diligence and promptness in representing a client

SCR 20:1.1 Competence Competent representation requires reasonably necessary preparation

SCR 20:3.1 Meritorious Claims and Contentions (a) A lawyer shall not (1) advance a defense unwarranted under existing law, unless supported by a good faith argument for extension or modification of the law (2) advance a factual position with no non-frivolous basis

See Also:

SCR 20:1.4 Communication

SCR 20:3.3 Candor Toward the Tribunal

SCR 20:3.4 Fairness to opposing party and counsel

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MOVIE: Anatomy of a Murder Judge’s Chambers

SCR 20:3.3 Candor Toward the Tribunal

(a) A lawyer shall not knowingly: (2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel

SCR 20:3.8 Special Responsibilities of a Prosecutor

(f) A prosecutor shall: (1) disclose to the defense all guilt-negating or mitigating evidence or information

SCR 60.05 Judge shall minimize the risk of conflict with judicial obligations (4)(e)(10) A judge may not accept a gift from a party who has come before the judge

SCR 20:8.4 It is professional misconduct for a lawyer to: (e) Assist a judge in conduct violating the rules of judicial conduct

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MOVIE: The Client Wanted for Questioning by the Feds, a Witness Retains Counsel

SCR 20:1.18 Duties to Prospective Clients ABA Comment [3] It is often necessary for a prospective client to reveal information during the initial consultation prior to the decision about formation of a relationship

Preamble: [17] Most duties of client-lawyer relationship attach only after request for legal services and agreement to provide; some duties such as confidentiality under Rule 1.6 attach when the lawyer agrees to consider establishing relationship.

SCR 20:1.14 Client with Diminished Capacity (a) When a client’s capacity is diminished because of minority, the lawyer shall (b) maintain a normal client-lawyer relationship to the extent possible (b) When client with diminished capacity is at risk of harm or injury, lawyer may take protective action including consulting protective entities or seeking appointment of a GAL or guardian.

SCR 20:1.5 Fees

(b)(1) Scope of Representation, basis/rate of fees/expenses shall be communicated to the client before or within a reasonable time after commencing representation

- Communication may be oral if anticipated to be $1,000.00 or less

Was Proper Consideration Afforded:

SCR 20:1.7 Conflicts of Interest Current Clients? SCR 20:1.9 Duties to Former Clients?

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MOVIE: My Cousin Vinny The Defendants’ First consultation with Their Lawyer

SCR 20:1.1 Competence Competent representation requires necessary legal knowledge and skill

ABA Comments: [1] Relevant factors include: Complexity and specialized nature of the matter; Lawyer’s general experience; Training and experience in the field in question; Preparation and study the lawyer is able to apply; and Feasibility of referring, associating with, or consulting with a competent lawyer [3] In an emergency a lawyer may advise or assist in a matter in which the lawyer does not have the skill ordinarily required

See Also: SCR 20:1.16 Declining or Terminating Representation

MOVIE: The Verdict Attorney Frank Galvin is accosted by his Client in the Rotunda

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SCR 20:1.2 Scope of Representation and Allocation of Authority between Lawyer and Client (a) A lawyer shall consult with client about the means to pursue objectives and abide by client’s decisions. A lawyer shall abide by client’s decision whether to settle. SCR 20:1.4 Communication (a) A lawyer shall: (1) Promptly inform client of decisions/circumstances requiring informed consent (2) Consult with client about means of accomplishing objectives (3) Keep the client informed of status ABA Comment [3] A lawyer must promptly inform client of an offer of settlement in a civil controversy SCR 20:4.2 Communication with Person Represented by Counsel A lawyer shall not communicate about the representation with a person known to be represented by another lawyer

MOVIE: Liar Liar Strategizing with the Client

SCR 20:1.2 Scope/Allocation (a) Lawyer shall consult with client about the means to pursue objectives and abide by client’s decisions. (d) Lawyer shall not counsel/assist client to engage in fraudulent conduct

SCR 20:2.1 Advisor A lawyer may refer to considerations such as moral, social and political factors as well as law.

SCR 20:1.5 Fees (d)(1) Prohibition on contingent fees in family actions See Also: SCR 20:3.1 Meritorious Claims and Contentions SCR 20:3.3 Candor Toward the Tribunal SCR 20:3.4 Fairness to Opposing Party/Counsel SCR 20:4.1 Truthfulness in Statements to Others SCR 20:5.1 Responsibilities of Partners, Managers and Supervisory Lawyers SCR 20:8.4 Misconduct

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MOVIE: Liar Liar Unable to Tell a Lie, Attorney Turns to His Assistant for Help

SCR 20:5.3 Responsibilities Regarding Non-Lawyer Assistants (b) A lawyer with supervisory power over a non-lawyer shall ensure compliance with the lawyer’s professional obligations (c) A lawyer is responsible for a non-lawyer assistant’s violation of the Rules if: (1) the lawyer orders the conduct

SCR 20:3.5 Impartiality and Decorum of the Tribunal (b) A lawyer shall not communicate ex parte with a judge during the proceeding unless: - authorized by law or court order; or - for scheduling purposes if permitted by the court; the opposition must be promptly notified of the communication

See Also: SCR 20:8.4 Misconduct

For the Final Clip, Consider the Following:

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SCR 20:1.16 Declining or Terminating Representation (a) A lawyer shall withdraw from representing a client if: (2) The lawyer’s physical or mental condition materially impairs representation

SCR 20:7.1 Communications concerning a lawyer’s services A lawyer shall not make a false or misleading communication about the lawyer

SCR 62.02 Standards (1) Judges and Lawyers shall at all times: (e) dress in a manner showing respect for the court (h) preserve the decorum and integrity of the judicial process (2) Lawyers shall by punctual in convening and appearing for all hearings, meetings, conferences (3)(e) Lawyers shall abstain from knowingly deceiving or misleading the court (4) Every judge and lawyer has a responsibility of professionalism and dignity

MOVIE: Liar Liar Unable to Tell a Lie, Attorney Requests a Recess for Bathroom Break

Contact us at: www.edenhoferlaw.com

Attorney Carl R. Edenhofer, Jr. [email protected]

Attorney Bryce A. Lehman [email protected]

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