CA Bar Exam 練習答案: Professional Responsibility (July 2010)

Bar Review Course作成のEssay答案は完璧すぎ＆長すぎて参考にならないという方向けに、過去に書きためた答案を公開していきます。公開するのは、私が実際に1時間計って解いた答案を、ギリギリ合格ラインまたは合格ライン少し上になるように手直ししたものです。手直しにあたっては某Bar Review Courseの採点表を参照していますが、あくまで自己採点なのでその点はご承知おき下さい。

今回はJuly 2010のQ2, Professional Responsibility です。PRは、MBE科目ではありませんが、ほぼ毎回出題されている（他の科目とのコンボも多い）ので、しっかり準備が必要です。

問題文

July 2010 Question 2
https://nwculaw.edu/pdf/bar/July%202010%20Essays%20and%20Sample%20Answers.pdf

There was recently a major release of hazardous substances from a waste disposal site in County. Owen is the current owner of the site. Fred is a former owner of the site. Hap is the producer of the hazardous substances disposed of at the site.

As a result of the hazardous substance release, County has identified the site as a priority cleanup target, and has notified Owen, Fred, and Hap that they are the responsible parties who must either clean up or pay to clean up the site. County advised each responsible party of his degree of culpability. In the event each responsible party does not pay his share of the cleanup costs, County is entitled to impose joint and several liability on each of them.

In an effort to facilitate the resolution of County’s demand, Owen, the wealthiest responsible party, arranged for Fred, Hap, and himself to meet with Anne, his tax lawyer. At the meeting, Owen offered to pay the attorney fees of all three of them in exchange for their agreement to be represented by Anne. Fred and Hap accepted Owen’s offer and Anne distributed identical retainer agreements to each of them, which they signed.

What ethical violations, if any, has Anne committed? Discuss.

答案

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