ETHICAL VIOLATIONS VIOLATIONS IN THE MOVIE “THE RAINMAKER”
1. Ambu Ambula lanc ncee-ch chas asin ing. g. Rule 1.03* - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any mans cause. •
!. Rudy Rudy "aylor "aylor entered entered into a contract contract with the "lac#s "lac#s before before he even became became a lawyer, lawyer, implying implying that he can represent them when in fact he hasnt even ta#en the bar e$aminations yet Rule 1%.01* - A lawyer shall not underta#e a legal service which he #nows or should #now that he is not &uali'ed to render. •
3. "ruiser "ruiser and Rudy Rudy "aylor "aylor tolerated tolerated the illegal illegal practic practice e of law by (ec# )chiet )chiet who was a nonlawyer. +anon * -A lawyer shall not, directly or indirectly, assist in the unauthoried practice of law. •
. (ec# and Rudy Rudy had an agreemen agreementt to split whatever whatever they earn earn /0-/0. his his is ee-splitting ee-splitting with a non-lawyer. Rule .0!* - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law. •
/. (ec# )chie )chiett was also tolerat tolerated ed in solicitin soliciting g legal busines business. s. Rule !.03* - A lawyer shall not do or permit to be done any done any act designed primarily to solicit legal business. •
2. hile hile engaged engaged in ambulance-c ambulance-chasi hasing, ng, (ec# claimed claimed that he was a lawyer lawyer and that his law 'rm “handles more care wrecks than anybody in Memphis. Insurance companies are terrifed o us, and we don’t charge a dime.” Rule 3.01* - A lawyer shall not use or permit the use of use of any false, fraudulent, misleading, dece decept ptiv ive, e, undi undign gni' i'ed ed,, self self-l -lau auda dato tory ry or unfa unfair ir stat statem emen entt or clai claim m regar egardi ding ng his his &uali'cations or legal services. •
4. +hampertuous contract. he contract contract engaging the law 'rm was was champertous champertous when when it said said that they would handle all the e$penses of the case and they get 153 of any recovery. +anon !0* - A lawyer shall charge only fair and reasonable fees. •
%. he 6udge 6udge met with with the lawyer lawyers s in his chambe chambers rs to dis discus cuss s about his decisio decision n to grant grant the motion to dismiss the case +anon 1, )ection 1**. 7udges shall e$ercise the 6udicial function independently on the basis of their assessment of the facts and in accordance with a conscientious understanding of the law, free of any e$traneous in8uence, inducement, pressure, threat or interference, direct or indirect, from any &uarter or for any reason. +anon 3, )ection **. 7udges shall not #nowingly, while a proceeding is before or could come before them, ma#e any comment that might reasonably be e$pected to a9ect the outcome of such proceeding proceeding or impair the manifest fairness of the process. •
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. he 6udge 6udge wanted wanted to dismiss dismiss the case and and for Rudy Rudy to re'le re'le it in ederal ederal +ourt +ourt to unclog his his court doc#et +anon +anon 3, )ectio )ection n 1**. 7udges 7udges shall shall perfor perform m their their 6udici 6udicial al dutie duties s withou withoutt favor, favor, bias bias or pre6udice. +anon 3, )ection **. 7udges shall not #nowingly, while a proceeding is before or could come before them, ma#e any comment that might reasonably be e$pected to a9ect the outcome of such proceeding proceeding or impair the manifest fairness of the process. •
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10. here was an obvious familiarity familiarity between the 6udge and the defense counsel in a way that they tag-teamed Rudy Rudy "aylor in convincing him to accept the o9er of :4/,000. Rule 13.01* - A lawyer shall not e$tend e$traordinary attention or hospitality to, nor see# opportunity for cultivating familiarity with 7udges. +anon !, )ection 1**. 7udges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in the view of a reasonable observer. +anon 2, )ection 4. 7udges shall not engage in conduct incompatible with the diligent discharge of 6udicial duties. •
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11. "ruiser "ruiser and his partner were were involved involved in a money money s#imming s#imming scandal, scandal, 6ury tamperin tampering g and ta$ evasion.
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Rule 4.03* - A lawyer shall not engage in conduct that adversely re8ects on his 'tness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.
1!. here was also the matter of evidence tampering where the defense removed a certain >)ection ?@ in the employee handboo#, threw away board resolution of reat "ene't on bone marrow transplant, and 'red a claims handler among others, all in order to destroy any evidence against them. Rule 1/.04* - A lawyer shall impress upon his client compliance with the laws and principles of fairness. •
13. he counsels for reat "ene't also resorted to wire-tapping the telephone in Rudys law oBce. Rule 1.01* - A lawyer shall employ only fair and honest means to attain the lawful ob6ectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding. •
1. here was a violation of the rule on privileged communication when he told his clients son that his client had a fortune. Rule 1/.0!* - A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client. •
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