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Ethics Keyed to Hazard
Committee on Professional Ethics and Conduct of Iowa State Bar Association v. Mershon
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Respondent, Iowa attorney Mershon, served as personal attorney to local farmer Leonard Miller for 19 years. Miller wished to develop some of his farmland, but would not be able to pay for Respondents services or the services of the engineer he wished to help him develop it. In lieu of such fees, the three men agreed to form a corporation in which their services would be provided in exchange for shares in the property. The development deal fell through shortly before Miller’s death, however, and Respondent (who was also executor for his estate) was recommended to the board for discipline regarding his participation in the transaction.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
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