SmartBrief
Confirm favorite deletion?
Legal Ethics Keyed to Rhode, 8th Ed.
Wieder v. Skala
Citation:
80 N.Y.2d 628 (1992)Facts
Howard Wieder was employed as a commercial litigation attorney at the defendant law firm from 1986 to 1988. In early 1987, Wieder requested the firm represent him in purchasing a condominium, and the firm assigned another associate (L.L.) to handle the matter. L.L. neglected the transaction for several months and made false representations to conceal his neglect. When Wieder discovered this and reported it to senior partners, they admitted they knew L.L. was “a pathological liar” who had previously lied about other legal matters. Wieder asked the partners to report L.L.’s misconduct to the Appellate Division Disciplinary Committee as required by DR 1-103(A), but they initially refused. The firm eventually made a report in December 1987 due to Wieder’s insistence, but partners “continuously berated” him for causing them to report. Wieder was terminated in March 1988, allegedly in retaliation for his insistence on ethical compliance.
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.