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A Question of Ethics- Statute of Frauds.. William williams is an attorney in Bir

ID: 2746387 • Letter: A

Question

A Question of Ethics- Statute of Frauds.. William williams is an attorney in Birmingham, AL. In 1997, Robert Sherborne asked Williams to represent him in a deal in London, England, from which Sherborne expected to receive the $31 million. Sherborne asked James Parker, a former co-worker, to lend him $50 thousand. Sheblorne signed a note agreeing to pay Parker $100,000 within 72 hours. Parker, Shelborne and Williams wired the $50,000 to an account at Chase Manhattan Bank. They never heard from Tundy again. No $31 million was transferred to Sherborne who soon disappeared. William then learned that there was no "presidency" in London. Whenever Parker asked Willliams about the note, Williams assured him that he would be paid. On Parkers behalf, Williams filed a suit in an Alabama state court against Shelborne, seeking the amount due on the note and damages. The court entered a judgment against the defendant for $200,000, but there were no assets from which to collect it.

In response to Parkers suit, Williams filed a counter-claim, seeking unpaid attorney's fees relating to the suit that Williams filed against Sherborne on Parker's behalf. The court ruled against Williams on this claim. He appealed to the Alabama Supreme Court but failed to supply a transcript of the trial on his counterclaim, as it was his duty to do. Is the appellate court like to rule in his favor? Why or why not?

Explanation / Answer

No. the appellate court will not like to rule in his favor because he filed a suit on behalf of Parker and there is no such evidence where William can prove that Parker filed a suit against Serborne. Since William did not get the amount from Serborne, he thought of getting some amount form Parker by counter-claim on Parker. This is ethically wrong and the judges will not rule in favor of William.