SmartBrief
0
Confirm favorite deletion?
Learning Professional Responsibility Keyed to Christensen, 2nd Ed.
Ohralik v. Ohio State Bar Association
Citation:
436 U.S. 447 (1978)Facts
In February 1974, Albert Ohralik, an attorney with over 25 years of experience, learned about an automobile accident involving Carol McClintock, a young woman with whom he was casually acquainted. After speaking with her parents, Ohralik visited Carol in the hospital where she lay in traction. During this visit, he offered to represent her and asked her to sign a contingent fee agreement. Carol did not sign but asked him to speak with her parents. Ohralik then visited the accident scene, took photographs, and went to the McClintocks’ home with a concealed tape recorder. He discovered their insurance policy would provide benefits of up to $12,500 each for Carol and her passenger, Wanda Lou Holbert, under an uninsured-motorist clause. Two days later, Carol agreed to his representation.
Ohralik also visited Wanda Lou at her home without invitation, again concealing a tape recorder. After briefly discussing the accident, he told her about the potential insurance recovery and offered to represent her for a one-third contingent fee. Wanda, who was 18 and not a high school graduate, responded “O.K.” The next day, Wanda’s mother attempted to terminate the representation, but Ohralik insisted a binding agreement existed. Both young women eventually discharged Ohralik, but he sued Carol for breach of contract and demanded payment from Wanda before he would cease claiming to represent her. Both women filed complaints with the local bar association, leading to disciplinary proceedings against Ohralik.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- 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.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.