PA-253Legal Memo: Conflict of Interest AssessmentPA253 Leg, Lecture notes of Accounting

Download PA-253Legal Memo: Conflict of Interest AssessmentPA253 Leg and more Lecture notes Accounting in PDF only on Docsity! PA-253 Legal Memo: Conflict of Interest Assessment PA253 Legal Ethics Attorneys LEGAL MEMORANDUM TO: Myra Jean Navarro, JD, MSCJ, MSM FROM: Willy B. Right, Paralegal DATE: 18-Jan-2021 RE: Big Box nt Issue(s): 1. Would a conflict of interest exist in representing ig ox in a orkers compensation claim while si ultaneously representing alue art in a custo er slip and fall as the two companies are co petitors. se s Big Box and Value 3. Will it be perceived as a conflict of interest for me to choose to shop at Big Box more often than at Value Mart if the firm represents both stores? Ru le: Under ABA Rule 1.7 conflict exist if: (1) the representation of one client will be directly adverse to another client; Discount Shoppe / Value Mart - Conflict of Interest Assessme B B w m V M m m ons dere onfl of nt re he w firm repre nt ke ncons nt po ons on both? 2. Could it be c i d a c ict i e st if t la Mart, but ta s i iste siti As there is no direct claim of Big Box against Value Mart and vice versa, the firm remains compliant under ABA Rule 1.7 (b)(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other Rule 1.7 - CONFLICT OF INTEREST: CURRENT CLIENTS, Tenn. R. Sup. Ct. 1.7 (“(1) the representation of one client will be directly adverse to another client; or”). The Supreme Court of the State of Tennessee Conflict of Interest mimics the ABA rule in its entirety. (Georges, n.d.) Applic ation: As different attorneys will represent the cases listed above, and although the stores are competitors, they are not bringing suit against one another; no conflict of interest exists. Statement of Facts: Big Box: While setting up an in-store display, an employee claims to have injured his back and has now filed a workers compensation claim again Big Box. The employee asserts that the display’s items’ weight exceeds t a u ei d an e pl e to lift a carry and caused his back injury. Value-Mart: T c t er s t a i t al - a alle s t t t ir parking lot was not adequately plowed a salted a s ll e ca i r to ll a sustain an injury. The customer conten t t alue a as ige . e r, t al - art store is located in a shopping center in ch a r c ti ns t . re , should any negligence actually exist, Val - a d the nt in this acti Discount Shoppe / Value Mart - Conflict of Interest Assessme B B w m V M m m ons dere onfl of nt re he w firm repre nt ke ncons nt po ons on both? 2. Could it be c i d a c ict i e st if t la Mart, but ta s i iste siti he m xim m w ght require for m oye nd or he us om bringing ui ga ns V ue M rt ge ha he nd