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Question 2
Acme Paint Company (Acme) was sued when one of Acme’s trucks was involved in an accident with a car. June, an attorney, was retained to represent Acme. She has done substantial work on the case, which is about to go to trial. Recently, June’s three-year-old niece suffered lead poisoning after being in contact with lead-based paint. June became so upset that she joined a local consumer advocacy group, No Lead, which lobbies government agencies to adopt strict regulations restricting the use of lead-based paint. June also undertook to perform legal research and advise No Lead concerning its tax-exempt status.

In the course of reviewing Acme’s records in preparation for trial, June found a memorandum from Acme’s President to the company’s drivers.

The memorandum states: "We know our paint contains lead and that it is a misdemeanor to transport it over roads abutting public reservoirs. The road our trucks have been using for many years runs alongside the City water reservoir, but it’s the shortest route to the interstate, so you should, for the time being, continue to use that road."

June became outraged by the content of the memorandum. She believed that if an Acme truck were to have a mishap and paint spilled into the reservoir, lead could enter the public drinking water and injure the local population. Because of her strong feelings, June anonymously disclosed the memorandum to No Lead and to the media. She also sent Acme a letter stating that she wished to withdraw from the representation of Acme. Acme objected to June’s withdrawal. June filed with the court a petition for withdrawal.

1. What ethical violations, if any, did June commit by disclosing Acme’s memorandum?
2. What arguments for withdrawal from representation could June assert in support of her petition to the court, and how would the court be likely to rule?

Answer according to California and ABA authorities.
Category: CA - California Bar Exam