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Ethics Keyed to Hazard
Messing, Rudavsky & Weliky, P.C. v. President and Fellows of Harvard College
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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:
In the course of a gender discrimination suit against the Harvard University police department, Plaintiff law firm communicated with five members of the department-two lieutenants, two patrol officers, and a dispatcher-without notifying Defendant’s counsel or giving them an opportunity to be present for the communication. (None of the individuals contacted were alleged to have engaged in the discriminatory behavior.) Defendant, Harvard University, requested the court to issue sanctions for this behavior as a violation of Massachusetts Rule 4.2, which prohibits ex parte communication with employees of an organization represented by counsel. The lower court, interpreting this rule to apply to any employee whose statements would constitute an “admission” for evidentiary purposes, granted these sanctions, and Plaintiffs now appeal.
- 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.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- 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.
- Court Direction: Shares where the Court went from here for this case.