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Assume That the Congdens, the Campground Owners in Case II

Question 24

Essay

Assume that the Congdens, the campground owners in Case II, are told by you that their attorney, your supervisor, advises them to agree to settle their case by paying Mr. Ameche $60,000. The Congdens say no and want to go to trial. Your attorney believes that the jury will hold the Congdens liable for $150,000.
a. Considering that lawyers are supposed to exercise their independent judgment, may the attorney ethically accept the offer, since it is such a good one?
b.Are there any other ethical concerns raised in this scenario?

Correct Answer:

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a.Model Rule 1.2. No, a lawyer must abid...

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