Duress or Undue Influence

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In Lexis.com, select Restatement of the Law 2d, Contracts – Rule
Sections. Go to misrepresentation, duress, and undue influence.

Consider the following scenario:

Roger has come to the lawyer who employs you about his grandmother.
His grandmother has given $25,000 worth of her jewelry to Roger’s
cousin. This was supposedly in exchange for various errands that Roger’s
cousin did for her a year ago as a favor. The cousin is very pushy and
tends to use guilt to manipulate the grandmother into giving gifts.
The cousin is very loud and assertive, but claims this is only because
their grandmother is hard of hearing. Their grandmother has few assets,
other than the jewelry and a modest home, so those gifts are very
unusual and do not reflect her usual pattern of giving. Their
grandmother also has a memory problem, but otherwise seems clear in her
mind. There is nothing in writing about this transfer of jewelry in
exchange for past errands.

You suspect duress, undue influence, and that Roger’s grandmother
lacks capacity. Roger’s initial consultation with the lawyer was to get
advice about helping his grandmother’s welfare and safeguarding her
rights. He brought his grandmother along to that conference. But, at
the second conference, Roger came alone and talked to you. Roger told
you he has offered to settle with his cousin if the cousin will sell
the jewelry and split the proceeds with him. Their grandmother is not
represented by an attorney.

1. Define duress, undue influence, and lack of capacity and cite your sources.
2. Show how each concept applies or does not apply to this case.
   List facts from the above case that support your conclusions. If you
   are unable to resolve your doubts on what applies, state where facts
   appear to be lacking.Discuss whether it is
   ethical for the lawyer to prepare the agreement to settle. Does the
   lawyer need to consider the grandmother’s interests, even though she is
   not the client? Consider Rules 2.1, 4.1, 4.3 and 4.4 of the ABA Model
   Rules of Professional Conduct. Include your own ideas of what is right
   and wrong in your answer.