Overview
The American Bar Association’s (“ABA”) Model Rules of Professional Conduct (“MRPCs”) are a set of model rules regarding the ethical and professional responsibilities of United States lawyers. While not binding themselves, the MRPCs serve as models for the ethics rules of most state bar associations. The legal ethics rules of all 50 states and the District of Columbia are based at least in part on the MRPCs.
MRPC 1.2(d) contains a general prohibition on assisting clients in committing crimes or engaging in fraud:
A lawyer shall not counsel a client to engage or assist a client in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law. (M.R.P.C. 1.2(d))
For this paper:
- Read Nick Bilton’s 2016 Fortune article and Chapter 13 of John Carreyrou’s 2019 book (these are both attached)
- Assume you are a junior attorney employed in the general counsel’s office of Chiat\Day who has been tasked with reviewing Theranos’ advertising claims. Research and write a 3- to 5-page essay in which you answer the following questions:
- Do you believe it would be possible to approve Theranos’s advertising claims without violating MRPC Rule 1.2(d)? Explain.
- If so, explain how you might be able to continue working on Chiat\Day’s Theranos account while also avoiding liability for violating MRPC Rule 1.2(d).
- In light of MRPC Rule 1.2(d), how would you communicate your concerns about Theranos's advertising claims to your supervisors?
- In light of MRPC Rule 1.2(d), how would you communicate your concerns about Theranos's advertising claims to Theranos principals such as Elizabeth Holmes and Sunny Balwani?
- Leaving MRPC Rule 1.2(d) aside, discuss your views on Theranos’s advertising claims from your own personal ethical perspective.
- Discuss your views on Theranos’ advertising claims from a Christian/biblical perspective.
Citation: Your essay should include citations to at least three sources in MLA style
Formatting: Write in Microsoft Word with 1.5-line spacing, 12-point Times New Roman typeface, and one-inch margins
Legal Ethics Paper
| Criteria | Ratings | Pts | |||||
|---|---|---|---|---|---|---|---|
Professionalism and formatting |
| 5 pts | |||||
Thoroughly answers all assessment questions |
| 5 pts | |||||
Demonstrates understanding of legal ethical issues |
| 5 pts | |||||
Adequately explains personal ethical perspective |
| 5 pts | |||||
Adequately explains Christian/biblical perspective |
| 5 pts | |||||
This criterion is linked to a learning outcomeUses proper MLA style citation |
| 5 pts | |||||
Total points: 30 |