case assignment

Suppose you are an attorney and you have a contract to represent Pimco Insurance company in all of their mediations and arbitrations involving disputes and claims by homeowners for damages on their homeowner insurance policies.  However, you also represent individuals that get into car accidents in mediations and arbitrations, to make extra money on the side (especially when business from Pimco is slow).  John comes into your office and you agree to represent him in an upcoming mediation against his insurance company because he feels his policy should cover more of his medical expenses from his car accident.  However, upon gathering the paperwork, you find out that he is insured under an umbrella policy issued by Pimco.  Based upon this scenario, respond to the following questions:

1a. What fiduciary duty is invoked and to whom do you owe it? 

1b. How does this affect your plan for the ADR process?

Suppose you are an attorney for a client who is negotiating the sale of a property to a commercial buyer.  If the client tells you about environmental concerns that would make the property impossible to develop.  Based on the aforementioned scenario, respond to the following:

2a. What fiduciary duty is invoked and to whom do you owe it? 

2b. How does this affect your plan for the ADR process?