Question

Shady lawyer. Brice had a number of ethical issues come up in law school involving alleged cheating but managed to graduate because nothing was ever proven. Upon obtaining his law license, Brice enjoyed living "on the edge" and engaged in tactics that were at least questionable. One of his clients was an older gentleman, Sam, with significant assets and significant legal issues involving a messy divorce stemming from his involvement with a local dog groomer, Susie. Brice told Sam that he felt certain that he could arrange matters so that Sam could live happily in the Caribbean with Susie but that, in addition to paying a hefty legal fee, Sam would need to name Brice as a significant beneficiary in his will and give Brice power of attorney over his assets. Sam agreed to do so. He gave Brice power of attorney and changed his will to reflect that upon his death, Brice would receive half his estate. The other half went to Susie. Sam also paid the hefty legal fee Brice demanded. At that point, Brice agreed to proceed with negotiations in the divorce. Shortly after the divorce, Sam had an unexpected heart attack and died immediately. Susie, the executor of the will, told Brice that she was reporting him to the state bar association and that he was not entitled to any assets from the estate. Brice told Susie that he knew that Susie had failed to pay income tax for all her dog grooming income and that he was reporting her unless she kept her mouth shut and consented to the terms of the contract. Brice also said that in return for keeping his mouth shut, he wanted additional sums purportedly for his work on Sam's divorce. Which of the following is true regarding Brice's dealing with Sam?

Question 55 options:

	1) Brice has caused Sam to experience duress.
	2) Brice has unduly influenced Sam.
	3) Brice has caused Sam to experience duress and unduly influenced Sam.
	4) Brice has committed fraudulent misrepresentation and caused Sam to experience duress.
	5) Brice has not committed any wrongdoing, unless it can be proven that Sam lacked mental capacity during his transactions with Brice; in that case, Brice has caused Sam to experience duress.

Answer 1

Answer 55 : 2) Brice has unduly influenced Sam.

Explanation : It clearly reflects an unethical behavior on the part of Brice and against the code of professional conduct as for the divorce proceedings he used the undue influence on Sam influencing him to give power of attorney over his assets and also asked to pay hefty legal fees.