....CIV PRO TWO
PROBLEM EIGHT
| We have studied several cases involving ethical issues in a procedural context. We then focused on the procedural aspect of those cases--making a comparatively minor reference to the ethical implications of the particular situation presented in the case. As our final course problem in Civil Procedure, we should reconsider at least one of those cases again--Situation One--from an ethical perspective & a fresh scenario--Situation Two--with which many of us can relate. |
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............................................SITUATION ONE ................................Zielinski v. Philadelphia Piers, Inc. (p. 541): |
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You are legal counsel for PPI. Sandy Johnson, the forklift operator who accidentally drove the forklift into the plaintiff, is testifying at his deposition about what happened. The statute of limitations will run, shortly after Sandy's deposition. Unknown to Sandy, his actual employer is Carload Carriers, Inc. CCI recently purchased PPI and the forklift that still displays the initials "PPI." The plaintiff's attorney asks Sandy about the terms of his employment. Sandy honestly, but mistakenly, responds that "I am an employee of PPI." If you say nothing, the SOL will run in favor of the actual employer CCI, who thereafter may not be added as a party to this suit. Put another way, nonparty CCI (buyer) "operates and controls" the business but PPI (seller) still "owns" the forklift which Sandy drove into the plaintiff. Should you intervene, to disclose the true facts, because Sandy does not realize that CCI is his actual employer? |
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.............................................SITUATION TWO ........................................................The "Hypothetical" |
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You are a law student, poised to begin a summer job with a law firm. That firm does not have Westlaw or Lexis. You have a law student's Westlaw or Lexis password, which enables you to conduct free legal research. To keep it over the summer, you will have to make special arrangements. The usual scenario is that those companies will allow you to continue to their legal research databases at no charge, if you are a professor's summer Teaching Assistant or you are doing research work for a professor. These companies do not want lawyers or law firms using their Westlaw or Lexis systems, however, without paying their monthly fees. During this final job interview, just before finals, your potential employer asks you whether you have a Westlaw or Lexis password. You have thus far had a great interview. The final decision rests upon your having access to either Westlaw or Lexis for the summer. You will thus .... |