HW 1-1 Conflicting Interests and Conflict of Interest) An expert in her field, a
ID: 1885641 • Letter: H
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HW 1-1 Conflicting Interests and Conflict of Interest) An expert in her field, an engineer is approached by lawyers for manufacturer XYZ to tesitty on behalf of XYZ·Later, a plaintiff asks her to testify in an unrelated lawsuit against manufacturer XYZ. Does accepting the second job create a conflict of interest for her? Because of her expertise, Alexandra was retained by manufacturer xYZ for the purpose of reviewing documents to form an opinion in a patent itigation. She was paid for her services. Years later, she was approached by attorney Alexis, who represents a plaintiff in product lability litigation against manufacturer XYZ in a matter not involving any aspect of the earlier patent litigation. Should Alexandra accept attormey Alexis' proposal and testity in this litigation? Suppose that Alexandra does testify in this case on the plantiff's behalf and that during cross-examination at this trial, opposing counsel questions Alexandra's previous relationship both in defense of and in Iitigation with manufacturer XYZ, implying that by providing those services, Alexandra was acting improperly. Years later, manufacturer XVZ requests her services again in a different patent litigation matter not related to either of the proceeding events Should Alexandra testify in this case? Briefly explain your reasoning.Explanation / Answer
1. No, it will not create a conflict of interest in the first case when the engineer accepts to testify against manufacturer XYZ as the present issue is unrelated to the engineer's previous employment with manufacturer XYZ and that as of fact she is currently not employed with manufacturer XYZ.
2. Alexandra can accept the proposal of attorney Alexis to testify against manufacturer XYZ, but before the proceedings, she should disclose her nature of the relationship with manufacturer XYZ. As she was previously employed by a manufacturer XYZ to work on patent litigation and her current role will be to represent the plaintiff in product liability litigation against manufacturer XYZ so this could create a conflict of interest so before the proceedings she must disclose her previous nature of relationship with manufacturer XYZ and take the agreement of both parties.
3. In the third case, Alexandra should take her decision based on the result of the cross-questioning, it was proved that she was indeed acting improperly then she should avoid taking the case.
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