In the 1984 white-collar criminal case of United States v. DeLorean, Howard L. Wietzman defended John DeLorean
Question:
In the 1984 white-collar criminal case of United States v. DeLorean, Howard L. Wietzman defended John DeLorean on charges of conspiring to possess and dis-tribute cocaine. DeLorean was also prosecuted on fraud and racketeering charges. No fee agreement was made, and Wietzman kept no time records. He never quoted DeLorean a particular fee and waited one year to send DeLorean his first bill. He was known to “ballpark,” or estimate, his fees. DeLorean paid Wietzman a total of $3.5 million.DeLorean was acquitted of all charges. At the time of his acquittal, he was quoted as saying, “Without Mr. Weitzman, I would probably put my head in the oven.” Later, however, a controversy arose over Wietzman’s fee. Wietzman claimed that DeLorean owed him an additional $683,392. DeLorean claimed that Wietzman owed him a refund. When asked how he figured the additional fee that was due, Wietzman said, “How much would you pay to stay out of jail, pal? I owe him nothing. He owes me his life.”
a. If you were the judge, how would you rule?
b. What are the issues in this case?
c. Are Wietzman’s actions ethical?
d. What factors of reasonableness (TOCATPET) apply in this case?
e. Where do DeLorean’s and Wietzman’s comments fall on the Client’s Line of Gratitude in Exhibit 8–3?