LAW 680 Lecture Notes - Lecture 21: Willful Blindness, Fide, False Statement
Document Summary
Problem 1: client has a social club . You are on retainer to be available to post bail or arrange releases on recognizance, if necessary. If atty knows the club is illegal then would be liable for willful blindness if they continue to represent him. 2: requires expert testimony, nothing strategic, breach of duty, causation, loss/injury to plaintiff. Two ways atty can be held liable under tort law: (1) atty can be held liable to client for things he did while representation; (2) can be liable to third parties for things atty did on behalf of client. 3: elements for fraud or im need (1)false statement of material fact, (2)knowingly made and (3)intended to make another party rely on it. Is there a false statement of material fact yes; proud conducted a. Nonclients can sue under malpractice privity of client has been removed. 4: and alternatively greycas could have sued if proved that greycas was the client, not the brother-in-law.