Stephen assignment draft Essay

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MEMORANDUM From: Stephen Haas To: Reader Date: July 8, 2011 Re: Divulging Confidential Information About our client Ener G. Traidor Relevant Facts Our client, Ener G. Traidor (“Traidor”), has retained our firm to assist with his acquisition of an oil drilling company. During the course of the representation, we discovered that Traidor’s plans involved drilling in a manner than could produce dangerous results for a nearby town’s water supply. We have presented Traidor our concerns about the impact of his drilling, but he has refused to take corrective measures. At this point, our only option to prevent adverse consequences for the nearby town is to disclose our information to the public. Issue Presented The issue in this case is whether,…show more content…
App. 3d 363, 375 (Ill. App. Ct. 5th Dist. 1990). Moreover, the attorney need not know for certain that the client intends to commit an illegal or fraudulent action. Rather, “[t]here need only be presented a reasonable basis for believing that the objective was fraudulent” for the exception to apply. Decker, at 322. In Balla v. Gambro, Inc., 145 Ill. 2d 492 (Ill. 1991), the Illinois Supreme Court ruled that an attorney was required do whatever was necessary to stop the sale of certain misbranded and/or adulterated dialyzers that were being marketed by his client. Although the attorney had learned this information in the course of representing a client in an attorney-client capacity, the attorney “had no choice but to report to the FDA [the client’s] intention to sell or distribute these dialyzers, and consequently protect… public policy.” Id. at 502. In In re Marriage of Granger, 197 Ill. App. 3d 363 (Ill. App. Ct. 5th Dist. 1990), the Illinois appellate court required that an attorney reveal information confidentially disclosed to him by a client when the substance of the conversation was the attorney urging the client to commit perjury. The court rules that the privilege was excepted in this case based on the “crime/fraud” exception to the attorney-client privilege. Application to Our Case In our case, Traidor is using our services to carry forth an illegal scheme, since his plans entails polluting a

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