Author Question: Do the ethical rules of fairness prevent lawyers from aggressively advocating their client's ... (Read 31 times)

HCHenry · **on:** Aug 3, 2018

Do the ethical rules of fairness prevent lawyers from aggressively advocating their client's position? What duties do lawyers have with regard to their opponents?

What will be an ideal response?

Question 2

George and Fred agree orally that Fred will purchase George's lawnmower for 500. They also agree orally that George will help Fred plant his garden in exchange for the use of Fred's pool once a week during the summer. George then presents Fred with a written agreement for the purchase of the lawnmower, and Fred signs it. Is the second oral contract still enforceable under the Parol Evidence Rule?

A) No, because the written agreement was the only valid contract between George and Fred.
B) Yes, because bilateral contracts are not subject to the Parol Evidence Rule.
C) No, because the written agreement discharges all prior agreements between the parties.
D) Yes, because the pool-for-planting agreement was not inconsistent with or within the scope of the lawnmower purchase agreement.

sierrahalpin · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

This obligation does not prevent lawyers from being aggressive advocates. The duty of fairness only tempers advocacy by requiring the attorney to fairly state the law, even the law that is unfavorable to his client.

Answer to Question 2

D