Ethical Concerns In Representation

Sandra works for a mid-size criminal defense firm in a jurisdiction that follows the ABA Model Rules of Professional Responsibility. She recently had a meeting with Mr. Smith, who has been criminally charged with internet fraud and ticket scalping for allegedly engaging in the fraudulent sale online of tickets to Taylor Swift’s “Eras Tour.” The “Eras Tour” has been one of the most popular concerts in modern history, with an average of *,* attendees per show. Ticket prices following the initial concert announcement have skyrocketed, with some tickets going for as much as $*,*.* each. Mr. Smith was arrested on a Friday. He contacted Sandra through a friend, asking the friend to arrange a meeting time with Sandra for the following Monday. The friend called Sandra on Saturday night. Being used to late night calls given the area of law she practices in, Sandra answered the call and agreed to meet Mr. Smith Monday afternoon at a coffee shop near the jail. Mr. Smith met with Sandra at the coffee shop on Monday afternoon, as soon as he was released. He shares with Sandra that he would like to hire her to defend him in this criminal case. Sandra’s first question is whether he in fact committed the crimes he has been charged with. The conversation goes as follows: Sandra: So, did you do it? I like to have all the information before I represent someone. Mr. Smith: I did, but I’m not the main one in charge. I could deny it and the district attorney (DA) wouldn’t be able to connect anything to me. The big boss, she is the one they really want. He proceeds to tell Sandra the identity of his boss. Sandra: Would you be willing to give the DA her name for protection and immunity? Mr. Smith: No way! I would be dead before witness protection picked out a new name! She is connected and would definitely try to carry out some Vigilante Shit. THIS IS PAGE * OF * PAGES Mr. Smith asks if Sandra would be willing to represent him. He offers to pay her in Eras Tour tickets. Sandra: I think I can help but I need to talk to my supervisor first, make sure we have the time and resources to take this on. When you say “Eras tour tickets” do you mean real ones or fake ones? Mr. Smith: Does it matter? (He gives a little wink). Sandra: I guess not, so long as I can get into the show. I mean, if I get in they must be legitimate, right? How many tickets can I get? Do you have any floor seats? Have you heard that she has changed the show since her new album was released? She even has a new costume in the colors of her boyfriend’s football team! Later that day Sandra spoke with her supervisor about Mr. Smith’ potential case. Sandra’s supervisor told her they weren’t interested in taking the case. “I’m not going to waste my time. Mr. Smith should accept whatever plea deal the DA is offering.” Sandra told her supervisor that she had indicated to Mr. Smith that she was interested in the matter and asked her supervisor if she should send a formal denial of representation to Mr. Smith indicating that the firm would not be taking the case. Sandra’s supervisor told her it was not necessary, stating, “If he doesn’t hear back from us, he will get the picture.” Sandra followed her supervisor’s instructions and never got back in contact with Mr. Smith. Two weeks later it is *:00am and Sandra is at home watching the Eras Tour movie on Disney+, looking through her email. There is a message from an unknown email address. The subject line just says, “I Knew You Were Trouble.” The body of the message includes instructions for selling Eras Tour tickets online via ticket exchange sites like SeatGeek. It indicates the price for each ticket and how much a direct seller will receive if the ticket is sold. Attached to the email are * “tickets” to the Eras tour in Liverpool, UK. Just when Sandra thinks things could not get worse, she receives a call from Mr. Smith: Mr. Smith: Where are you?! I am in court and no one is here to represent me! Sandra: Mr. Smith, I apologize but we never agreed to take on your case. Mr. Smith: What do you mean? We agreed on the price! Don’t you remember? Did you receive the email today with the tickets? Sandra: Yes, but I cannot accept those. They are fraudulent. Even though we cannot represent you, last week, as a favor, I reached out to the DA and provided him with your boss’s information. You shouldn’t have any problem getting immunity or a good plea deal now. Mr. Smith: I told you I didn’t want to turn over her information. What have you done? I thought you were going to help me but now we definitely have Bad Blood.