Glannon Guide PR Questions

Attorney Albert worked at Ricks, Sawyer & Thompson for five years and specialized in real estate. During the last three years, Albert has worked intensively on Client Callahan's properties and disputes that arose. Before leaving Ricks, Sawyer & Thompson, Albert handled a new relationship estate deal for Callahan that resulted in the erection of a new apartment complex. Albert now works at Friedman & Grisley and receives a new case assignment. Albert discovers that the new client, Raymond Bradley, is a small business owner located next to Callahan's apartment complex and is suing Callahan for a disputed right of way. a) Albert may represent Bradley if Callahan consents in writing to him doing so. b) Albert may not represent Bradley in the same or substantially the same matter unless Callahan consents in writing. c) Albert may not represent Bradley in the same or substantially the same matter unless Bradley consents in writing. d) Albert's firm may represent Bradley because Albert has left Ricks, Sawyer & Thompson and no one in Friedman & Grisley has confidential information about Callahan.

a) Albert may represent Bradley if Callahan consents in writing to him doing so.

135. An attorney is a fifth-year associate at a large firm, hoping to make partner in the next two or three years. She supervises the first-year associates at the firm. She learns that the most recently hired associate recently shredded some evidence that would have undermined a client's case, and then told the judge and opposing party that the missing documents had been in a briefcase that went missing when a burglar broke into the associate's car. The attorney knows this is not true and discusses it with the senior litigation partner, who finds the story amusing. Neither reports the associate's deception to the judge or opposing party. Which of the following statements is true regarding this situation? a) Both the attorney and the litigation partner are subject to discipline for not taking action to correct the associate's false statements and misconduct. b) The attorney is subject to sanctions, as she was directly supervising the associate, but the senior litigation partner was not involved, did not know about it at the time, and has no responsibility in the matter. c) The associate is subject to discipline, but neither the attorney nor the senior litigation partner would be subject to discipline, as they were not aware of the misconduct until after the fact. d) The senior litigation partner is subject to discipline because he has a responsibility to take reasonable measures to ensure that everyone in the firm complies with their ethical duties, but the attorney is not subject to discipline, as she is merely an associate at the firm.

a) Both the attorney and the litigation partner are subject to discipline for not taking action to correct the associate's false statements and misconduct.

Lawyer Laura worked at the Abel & Bentley firm for five years, and she specialized in real estate. During the last three years, Lawyer Laura has worked extensively on Client Cain's properties and disputes that arose related to them. Before leaving the Abel & Bentley firm, Lawyer Laura handled a new real estate deal for Client Cain that facilitated the erection of a new apartment complex. Lawyer Laura now works at the Davis & Eldridge firm. One of her first assignments is a case in which Client Seth, a new client of the first, is suing Cain over a disputed right of way through the very property that now holds the new apartment complex - Seth and Cain are neighbors. Can Laura represent Client Seth against her former client, Cain? a) Lawyer Laura may represent Client Seth if Client Cain consents in writing to her doing so. b) Lawyer Laura may not represent Client Seth in the same or substantially the same matter unless Client Cain consents in writing. c) Lawyer Laura may not represent Client Seth in the same or substantially the same matter unless Client Seth consents in writing. d) Lawyer Laura may represent Client Seth because Lawyer Laura left Abel & Bentley and no on in Davis & Eldridge has confidential information about Client Cain.

a) Lawyer Laura may represent Client Seth if Client Cain consents in writing to her doing so.

46. A client retained an attorney to represent him in two cases: a criminal case and a divorce case. The attorney required that the client pay a retainer fee for the family law case, which billed at the attorney's hourly rate. The attorney then arranged for the client to pay him based on a contingency fee for the criminal case. The attorney and the client both signed the combined contract, which detailed each fee arrangement for each case, and the attorney's representation began. Are the attorney's actions proper? a) No, as attorney's cannot charge a contingent fee for representing a defendant in a criminal case. b) No, because attorney's must have separate contracts for each separate case the attorney is handling for a client. c) Yes, because the attorneys can charge hourly rates for domestic relations matters and can change contingency, hourly, or flat fees for criminal cases. d) Yes, because attorneys are restricted for charging contingency fees only in domestic relations matters when the payment is contingent upon the securing of a divorce or upon the amount of alimony, support, or property settlement.

a) No, as attorney's cannot charge a contingent fee for representing a defendant in a criminal case.

A client met with an attorney to discuss certain financial decisions that the client was considering making in the future. The attorney discussed the pros and cons of making the decisions, but did not give a recommendation to the client. The client went on to make the financial decisions and ultimately came under investigation by the IRS for tax fraud. Is the attorney subject to discipline? a) No, because the attorney may analyze and give an opinion about the likely consequences of a client's conduct. b) No, because attorneys are authorized to give opinions and provide any recommendations to their clients, and the attorneys are not held liable for the decisions of their clients, even if made at the recommendation of the attorney. c) Yes, because the attorney's advice constitutes assisting a client in committing fraud. d) Yes, because an attorney shall not give advice to clients for actions they anticipate making, especially if those actions might expose the client to criminal or fraudulent liability.

a) No, because the attorney may analyze and give an opinion about the likely consequences of a client's conduct.

88. A lawyer is representing the defendant in a personal injury trial between a celebrity plaintiff and a famous hotel, where the plaintiff claims to have suffered injuries due to unsafe conditions. On his way into the courthouse on the day of jury selection, reporters gather around the lawyer hoping for comments. The lawyer explains that his client has already made renovations to the hotel to ensure that no accidents happen in the future, even though they do not admit liability in the present case. He also explains that if his client loses, his insurance company will simply pay the damages, and lawsuits like this make everyone's insurance premiums go up. The lawyer has his client's permission to talk to the media. Opposing counsel is standing nearby waiting for his turn to talk, and he expresses no objection to the first lawyer giving interviews like this, or to the lawyer's comments. Were the lawyer's statements proper? a) No, it violates the Model Rules for a lawyer to make public statements about information that the lawyer knows or reasonably should know is likely to be inadmissible as evidence in a trial and that would, if disclosed, create a substantial risk of prejudicing an impartial trial. b) Yes, because the other lawyer is present and did not object to the comments at the time, and the client has consented to the lawyer's media communications. c) No, because in civil trials a defendant's lawyer should not tell the press that his client denies liability in the case. d) Yes, the rules about trial publicity explicitly permit lawyers to talk about defenses in the case, and the client's mitigation efforts and public policy concerns over skyrocketing insurance rates could be the defendant's main arguments to the jury.

a) No, it violates the Model Rules for a lawyer to make public statements about information that the lawyer knows or reasonably should know is likely to be inadmissible as evidence in a trial and that would, if disclosed, create a substantial risk of prejudicing an impartial trial.

141. The attorney has switched to cloud computing, meaning that their firm pays a monthly fee to store all their spreadsheets and documents in an internet-based database or archive. This protects client information and case documents from being lost whenever a computer at the firm crashes; the cloud service automatically creates an online backup for every file. According to the Rules of Professional Conduct, which of the following is true? a) The attorney and his firm have an affirmative duty to make reasonable efforts to ensure that the could service is secure against computer hacking or other invasive access to clients' confidential information. b) The attorney and his firm were correct in prioritizing the protection of documents against loss from failed hard drives over the protection of client confidentiality, as the chances of a security breach on the cloud server are extremely low. c) If the cloud storage company advertised that its online servers were super-secure, the lawyers have no duty to make additional inquiries about the risk of disclosing clients' confidential information. d) It is not a violation of the rules if the employees at the could storage company can access the information stored on their servers.

a) The attorney and his firm have an affirmative duty to make reasonable efforts to ensure that the could service is secure against computer hacking or other invasive access to clients' confidential information.

132. An attorney is a second-year associate at a law firm with no supervisory responsibilities. He learns that another second-year associate is working on a case in which the client is suing a company that the other associate used to represent at his previous firm, and the attorney suspects it is a substantially related matter. The firm has done nothing to screen the other associate from the matter. No one ever discusses it with the attorney, and the attorney does not know all of the facts of the situation. Later, the client sues the firm for malpractice due to the conflict of interest, and reports the matter to the state disciplinary authority. Which of the following is true regarding the attorney's involvement in the situation? a) The attorney does not have disciplinary liability for the conduct of the other associate, because he is neither a partner nor in a supervisory position, and did not participate in the violations directly. b) The attorney is subject to discipline because he had an affirmative duty to inquire about the potential conflict and the lack of screening of this other associate. c) The attorney is subject to discipline because the Rules of Professional Conduct impute violations of any lawyer in the firm to all other lawyers in the firm. D) The attorney does not have disciplinary liability in this matter because the Rules of Professional Conduct do not impute conflicts of interest to other lawyers in the same firm just because the firm failed to screen one associate with a possible conflict with former clients.

a) The attorney does not have disciplinary liability for the conduct of the other associate, because he is neither a partner nor in a supervisory position, and did not participate in the violations directly.

137. The attorney is an associate at a small firm, and her supervising partner instructs her to draft pleadings in a case for a client. The supervising partner knows that the statute of limitations has already run on the claim, and that the client had virtually no factual evidence to support the claim in any case. The partner believes the opposing party will want to settle the claim quickly for a modest sum, and will not bother to investigate issues such as the statute of limitations or the factual support for either side. The attorney follows the partner's instructions and drafts the pleading, without checking the statute of limitations for this particular claim or conducting her own investigation into the facts of the case. Opposing counsel, however, is upset over the frivolous claim and reports the attorney to the state bar. Which of the following is correct regarding the attorney's situation? a) The attorney is probably not responsible for asserting a frivolous claim, and the fact that she was just following orders could support her defense that she was unaware that the claim was frivolous. b) The attorney is responsible for asserting a frivolous claim, despite the fact that her supervising partner insisted that she do it. c) Neither the attorney nor the partner would be subject to discipline as long as the case settles before trial. d) If the partner had terminated the attorney for refusing to assert the frivolous claim, the state bar disciplinary authority would have compelled the firm to reinstate her.

a) The attorney is probably not responsible for asserting a frivolous claim, and the fact that she was just following orders could support her defense that she was unaware that the claim was frivolous.

139. An attorney is an associate in a litigation firm representing plaintiffs. In her current case, her supervising partner instructs her to assert that the defendant had an affirmative statutory duty to protect the plaintiff's interests, even though the attorney can find no statute to support this assertion. The attorney has brought this to the attention of her supervising partner, who rebuked her for questioning his authority and insisted that she do as he said. He assures her that the defendants will settle before trial anyway, so the bogus claim merely gives some psychological leverage during settlement negotiations, and cannot do any harm. Moreover, the partner says that the attorney may not last long at the firm if she cannot follow instructions, which seemed to be a threat of termination. At a preliminary hearing, however, the judge confronts the attorney about the unsupportable claim, and she concedes that no statutory duty exists. The judge is irate and considers reporting the attorney to the state bar disciplinary authority. Which of the following is correct regarding the attorney's situation? a) The attorney is responsible for asserting a frivolous claim, despite the fact that her supervising partner insisted that she do it and threatened her with termination. b) The attorney is not responsible for asserting a frivolous claim, because her supervising partner insisted that she do it and threatened her with termination. c) Neither the attorney nor the partner would be subject to discipline as long as the case settles before trial and the bogus claim about statutory duties was not the sole basis for their complaint. d) If he partner had terminated the attorney for refusing to assert the frivolous claim, the state bar disciplinary authority would have compelled the firm to reinstate her.

a) The attorney is responsible for asserting a frivolous claim, despite the fact that her supervising partner insisted that she do it and threatened her with termination.

133. An attorney is a fifth-year associate at a large firm, and is responsible for supervising the work of a first-year associate. The attorney, however, now spends most of his time in Singapore, trying to open a satellite office for the firm there to service one of its major corporate clients. He has not inquired into the associate's compliance with the Rules of Professional Conduct in over eighteen months, as they mostly communicate by e-mail regarding pending cases and assignments. To the best of his knowledge, though, the attorney believes the associate is following the rules, and he knows that the associate has attended two Legal Ethics CLE courses in the last year. Unbeknownst to the attorney, the new associate has been overfilling hours and has been neglecting certain client matters. Which of the following is true regarding the attorney's situation? a) The attorney is subject to discipline as a lawyer having direct supervisory authority over another lawyer who failed to make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct, even though there was no direction, ratification, or knowledge of the violation. b) The attorney is subject to discipline for effectively ratifying the associate's violations through his neglect of his supervisory role. c) The attorney is not subject to discipline because there was no direction, ratification, or knowledge of the violation. d) The attorney is subject to discipline because. the Rules of Professional Conduct impute violations of any lawyer in the firm to all other lawyers in the firm.

a) The attorney is subject to discipline as a lawyer having direct supervisory authority over another lawyer who failed to make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct, even though there was no direction, ratification, or knowledge of the violation.

134. An attorney is a partner in a medium-size firm. Another partner at the firm, the managing partner, is responsible for implementing policies and procedures to detect and resolve conflicts of interest, to account for client funds and property, to identify dates by which actions must occur in pending matters, and to ensure that inexperienced lawyers receive proper supervision. The managing partner, however, now spends most of his time in Singapore, trying to open a satellite office for the firm there to service one of its major corporate clients. The managing partner is rarely at the home office and has completely neglected the implementation of ethical policies in the firm, so that minimal safeguards or procedures are in place. One of the new associates has committed several serious violations of professional responsibilities in the last few months, including an egregious conflict-of-interest problem and several missed deadlines for filing responsive pleadings. The. attorney knew nothing about the violations and was not directly supervising the associate, and tries not to meddle in any of the managing partner's responsibilities, including the implementation of ethical policies and procedures. Which of the following is correct? a) The attorney is subject to discipline as a partner in the firm for failing to make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct. b) The attorney is not subject to discipline because it was the managing partner's job to implement measures giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct. c) The attorney is not subject to discipline because he did not directly supervise the associate who violated the Rules of Professional Conduct. d) The attorney is subject to discipline because the Rules of Professional Conduct impute violations of any lawyer in the firm to all other lawyers in the firm.

a) The attorney is subject to discipline as a partner in the firm for failing to make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct.

108. An attorney is a partner in a newer law firm that has no effective measures in place to ensure that lawyers in the firm conform to the Rules of Professional Conduct. An associate at the firm violates the rules, and the state bar investigates the policies and procedures in place at the firm. The state disciplinary authority has determined that the attorney is subject to discipline for his failure to take reasonable measures to ensure conformity with the rules. Because of this determination and the subsequent sanction, which of the following is true? a) The determination of an ethical violation does not automatically mean that the attorney would be civilly or criminally liable. b) The fact that the state bar found the attorney guilty of a violation of the rules, and imposed a sanction, means that the attorney is automatically liable in any legal malpractice action related to the violation. c) The fact that the state bar found the attorney guilty of a violation of the rules, and imposed a sanction, means the attorney is automatically guilty in any criminal prosecution related to the violation. d) The fact that the state bar already imposed a sanction for the violation precludes being subject to damages in a malpractice action or criminal sanctions in a criminal prosecution related to the same violation, due to the double jeopardy rules.

a) The determination of an ethical violation does not automatically mean that the attorney would be civilly or criminally liable.

140. A partner gives an associate the typed notes from a previous client interview conducted by the partner, and the associate has the task of drafting a complaint for a personal injury lawsuit based on the allegations in the notes. The associate has no direct contact with the client, and does not really have any way to verify whether the notes represent everything discussed in the interview (the notes are not a transcript) or whether the allegations are factually accurate, truthful, or tell the complete story. The associate completes the task as assigned, drafting the pleadings based on the notes. The associate then submits the drafted complaint to the partner for review. Later, the pleadings turn out to be frivolous, based on complete falsehoods. Which of the following is true regarding the associate attorney's role in drafting the complaint? a) The lack of opportunity for the associate to investigate or verify facts on her own will be a relevant factor for the state disciplinary authority in deciding whether to discipline the associate. b) The lack of opportunity for the associate to investigate or verify facts on her own will not be a relevant factor for the state disciplinary authority in deciding whether to discipline the associate. c) The client will be subject to discipline, but not her lawyers, who merely took her at her word and filed complaints based on what she told the lawyers. d) The associate will be subject to discipline for drafting a complaint based on interview notes rather than a transcript of the interview or a notarized affidavit.

a) The lack of opportunity for the associate to investigate or verify facts on her own will be a relevant factor for the state disciplinary authority in deciding whether to discipline the associate.

144. An attorney practices personal injury law, representing plaintiffs on a contingent fee basis. The attorney employs a paralegal to assist with preparing documents for litigation. The paralegal's salary arrangement is 10 percent of the firm's total net revenue each year. In years when the attorney wins several large cases, the paralegal receives higher wages, and in years when the attorney has no big wins, the paralegal receives almost nothing. The paralegal does not bring clients to the firm, and does not participate in judgements about which clients to represent, or about how to handle the cases. Is the attorney subject to discipline for this arrangement? a) Yes, unless the paralegal has a law degree and has obtained a law license in another state. b) No, because non-lawyers may participate in a firm compensation plan based on overall profit sharing. c) Yes, because the paralegal here is engaged in the unauthorized practice of law. d) No, because the rules treat paralegals the same as lawyers for purposes of sharing fees or profits.

b) No, because non-lawyers may participate in a firm compensation plan based on overall profit sharing.

136. An attorney works at the state Public Defender office. Due to their insufficient funding and the overwhelming number of indigent defendants in her city, her caseload is so great that she cannot do adequate investigation into any of her client's cases or conduct legal research about possible defenses. Nevertheless, 95 percent of the cases end in plea bargains without going to trial, so the attorney tells herself that her neglect of case development makes no difference. Her supervisor a the Public Defender office is aware of the unreasonable caseloads of all the attorneys who work there, but the supervisor wants the attorneys to increase their caseloads in order to produce representation to more indigent defendants, even if that means doing minimal work on each case. Which of the following is true regarding the ethical situation facing the attorney and her supervisor? a) The supervisor could be subject to discipline for not ensuring that a subordinate attorney can manage her workload, even if that means not assigning the lawyer any more cases for now. b) The attorney's supervisor is not subject to discipline because it is a valid policy decision to provide minimal representation to as many defendants as possible, as even minimal representation is better than having no representation at all. c) The normal duty of diligence does not apply to public defenders, as everyone recognizes that the priority should be to provide representation for every defendant. d) For purposes of professional discipline or sanctions, the supervisor is the one responsible for the case overload, not the attorneys who work there.

a) The supervisor could be subject to discipline for not ensuring that a subordinate attorney can manage her workload, even if that means not assigning the lawyer any more cases for now.

138. An attorney is a new associate at a law firm, and the managing partner assigns her a new case, in which the firm will represent two co-plaintiffs in a personal injury case. The attorney is concerned that a conflict of interest could arise between the two plaintiffs, and suggests that the firm should represent only one of them. When she discusses this with the managing partner, the managing partner disagrees, because the interests of the two plaintiffs seem perfectly aligned, and they can have each sign an informed consent form waiving the conflict up front. Both admit the question is a close one in terms of the ethical rules for conflicts of interest, but the managing partner insists that they proceed. Which of the following is true regarding this stipulation? a) The supervisor's reasonable resolution of the question should protect the subordinate professionally if the resolution subsequently faces a challenge. b) The attorney has a duty to follow her own judgement about her ethical obligations to clients under the Rules of Professional Conduct, even if that means ignoring the managing partner's instructions. c) The fact that the two discussed the potential conflict at length will help shield both of them later form any professional repercussions if they turn out to be wrong later. d) The answer depends on whether the firm will receive a contingent fee if they prevail, as there is a strict prohibition on representing co-plaintiffs in a contingent fee case.

a) The supervisor's reasonable resolution of the question should protect the subordinate professionally if the resolution subsequently faces a challenge.

142. The attorney represents a sophisticated business client in a litigation matter. The attorney wants to hire an outside non-lawyer investigator/paraprofessional to help find and develop evidence and witnesses for the case. Client agrees, but wants the attorney to hire a particular outside company with whom Client has close business dealings and a long history. The attorney would normally have used a different firm that is more familiar to him. Which of the following is correct, according to the Model Rules and the accompanying comments? a) Where the client directs the selection of a particular non-lawyer service provider outside the firm, the lawyer ordinarily should agree with the client concerning the allocation of responsibility for monitoring as between the client and the lawyer. b) Where the client suggests the selection of a particular non-lawyer service provider outside the firm, the lawyer ordinarily should make the selection and override the client's suggestion, given that the lawyer bears the responsibility for monitoring the ethical behavior of the service provider. c) Where the client directs the selection of a particular non-lawyer service provider outside the firm, the client bears the responsibility for monitoring the behavior of the service provider he selected. d) Where the client directs the selection of a particular non-lawyer service provider outside the firm, the lawyer will be subject to discipline for allowing the client to engage in the unauthorized practice of law.

a) Where the client directs the selection of a particular non-lawyer service provider outside the firm, the lawyer ordinarily should agree with the client concerning the allocation of responsibility for monitoring as between the client and the lawyer.

131. An attorney is a partner in a newer law firm that has no effective measures in place to ensure that lawyers in the firm conform to the Rules of Professional Conduct. An associate at the firm violates the rules, and the state bar investigates the policies and procedures in place at the firm. The state disciplinary authority has determined that the first attorney is subject to discipline for his failure to take reasonable measures to ensure conformity with the rules. Because of the determination and the subsequent sanction, which of the following is true? a) Whether a lawyer may be liable civilly or criminally for another lawyer's conduct is a question of law beyond the scope of the rules; the determination of a violation does not automatically mean that the partner attorney would be civilly or criminally liable. b) The fact that the state bar found the partner attorney guilty of a violation of the rules, and imposed a sanction, means the attorney is automatically liable in any legal malpractice action related to the violation. c) The fact that the state bar found the partner attorney guilty of a violation of the rules, and imposed a sanction, means the attorney is automatically guilty in any criminal prosecution related to the violation. d) The fact that the state bar already imposed a sanction for the violation precludes being subject to damages in a malpractice action or criminal sanctions in a criminal prosecution related to the same violation, due to the double jeopardy rules.

a) Whether a lawyer may be liable civilly or criminally for another lawyer's conduct is a question of law beyond the scope of the rules; the determination of a violation does not automatically mean that the partner attorney would be civilly or criminally liable.

52. An attorney agreed to represent a plaintiff in a personal injury lawsuit, and the next day agreed to represent a defendant in litigation where the defendant faces vicarious liability. Only after the attorney has conducted some investigation of the case, and has obtained confidential information from each client, does the attorney discover that the plaintiff client is actually suing another of the attorney's clients, under a theory of vicarious liability. The two clients are actually adverse parties in the same litigation. Must the attorney withdraw from representing both clients? a) Yes, a lawyer shall withdraw from the representation of a client if the representation will result in violation of the Rules of Professional Conduct. b) Yes, the lawyer must withdraw unless both clients consent to the conflict of interest. c) No, the lawyer may withdraw, but withdrawal is optional and not mandatory. d) No, the lawyer may not withdraw once litigation is underway, regardless of the conflict of interest.

a) Yes, a lawyer shall withdraw from the representation of a client if the representation will result in violation of the Rules of Professional Conduct.

An attorney is a partner in a law firm, and owns $100,000 worth of stock in Conglomerate Corporation, the named defendant in a new antitrust suit. The attorney's total compensation from the firm is around $15 million per year, including bonuses, and his net worth is around $500 million. His home is worth about $7 million and the attorney inherited it, so the property is unencumbered by any mortgage or liens. The attorney works in a specialized area of law at the firm and does not have much interaction with the other lawyers, except at parties and occasional partners' meetings. Another lawyer in the firm seeks to represent the plaintiffs in the antitrust action against Conglomerate Corporation, which is not a client of the firm. Would it be proper for the firm to represent the plaintiffs in litigation against Conglomerate Corporation? a) Yes, as long as the attorney is not involved in the representation, there will be no imputation of the attorney's conflict of interest to the other lawyers in the firm, because it is the attorney's personal interest and does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm. b) Yes, as long as the plaintiffs provide written informed consent to the potential conflict of interest, and the firm carefully screens the other lawyer representing them from the rest of the firm. c) No, because the personal interest of the firm's managing partner in Conglomerate is so great, relative to his earnings and assets, that there is a significant risk of materially limiting the representation of the plaintiffs in their cause of action against Conglomerate. d) No, because it is a non-consentable conflict of interest for the firm to represent both adverse parties in litigation.

a) Yes, as long as the attorney is not involved in the representation, there will be no imputation of the attorney's conflict of interest to the other lawyers in the firm, because it is the attorney's personal interest and does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm.

An attorney represented Small Business Associates while working at Big Firm, her first law firm after law school. When the attorney did not make partner at the firm, she ended her employment there and started her own new firm. The attorney took some of her clients with her, including Small Business Associates, whom she continues to represent. Big Firm no longer has Small Business Associates as a client. Big Firm then agrees to represent Conglomerate Corporation in a trademark infringement case against Small Business Associates, the first such case that the latter has ever faced. Can Big Firm represent Conglomerate Corporation in a case against its former client, Small Business Associates? a) Yes, as long as the matter is not the same or substantially related to that in which the attorney formerly represented the client; and no lawyer remaining in the firm has confidential information about Small Business Associates from when the attorney represented them at that firm. b) Yes, because otherwise the disqualification of the firm would constitute an agreement not to provide representation to particular clients in the future, which would violate the Rules of Professional Conduct. c) No, unless the attorney's new firm screens her from the litigation according to the procedures set forth in the Rules of Professional Conduct. d) No, unless Conglomerate provides written informed consent to the potential conflict of interest.

a) Yes, as long as the matter is not the same or substantially related to that in which the attorney formerly represented the client; and no lawyer remaining in the firm has confidential information about Small Business Associates from when the attorney represented them at that firm.

61. A client, age eighteen, is facing criminal charges of sex with a minor, based on his sexual relationship with his thirteen-year-old girlfriend, who lives in the same tenement building. The relevant statute has strict liability for perpetrators - that is, no mens rea or sciences element - and places the victim's age cutoff for the most serious grade of felony at age fourteen. It is indisputable in the case that the defendant had a sexual relationship with the victim when she was thirteen, but the victim claims she wanted the relationship and willingly consented to the sexual contact with her boyfriend. A state psychologist examined the victim and included in his report that she was emotionally mature for her age and was making relationship decisions in the same way as an adult. Even though the attorney is certain that the trial court will convict the client, he believes there is a slight chance that he could convince an appellate court to take a loose view of the age-of-consent provision in the statute, either on substantive due process grounds or simply as a matter of progressive statutory construction. The attorney believes that many thirteen-year-olds, and even younger, are sexually active nowadays and that the criminal laws should reflect the changing values of society. The attorney agrees, therefore, to take the client's case and to use it as a test case to try to change the law of sexual consent in the appellate courts. Is it proper for the attorney to make a defense in a criminal case that goes against the clear statutory verbiage and established case precedent? a) Yes, because a claim or argument is not frivolous if the lawyer is making a good-faith argument for modification or reversal of existing law. b) Yes, because the statute has no mens rea requirement, but is a strict liability crime. c) No, because a lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous. d) No, because the unlikelihood that the lawyer will win on appeal, in contradiction to the plain language of the statute, makes the lawyer's fee in the case a contingent fee, which is not permissible in a criminal case.

a) Yes, because a claim or argument is not frivolous if the lawyer is making a good-faith argument for modification or reversal of existing law.

83. Attorney is a litigator and finds it helpful to talk to jurors after a trial concludes to see what they thought about the performance of the lawyers in the case. Assuming the judge has not forbidden talking to jurors and the jurors are willing to talk to him, is it proper for Attorney to have conversations with jurors in their homes, a week after the trial? a) Yes, because a lawyer may communicate with a juror after the discharge of the jury, but must respect the desire of the juror not to talk with the lawyer. b) Yes, as long as the lawyer does not talk about the merits of the case, the evidence, or the credibility of the witnesses. c) No, because a lawyer may talk to jurors after discharge only with opposing counsel present and while they are still at the courthouse. d) No, because a lawyer may not communicate ex parte with a juror, without an express authorization by the judge.

a) Yes, because a lawyer may communicate with a juror after the discharge of the jury, but must respect the desire of the juror not to talk with the lawyer.

103. An attorney works as a public defender. The office is always underfunded, meaning they cannot afford to hire enough staff attorneys, and the current attorneys all carry an overload of cases. The attorney feels that she is unable to provide full representation to each client, as she must conduct about seven plea bargaining sessions for different clients per weekday, and usually meets the clients for the first time around fifteen minutes before each plea bargain session. Each plea bargain takes about an hour, with short breaks in between. The attorney strongly encourages nearly all of her clients to accept a plea bargain, because taking one case to trial will mean that the public defender's office must turn away about two dozen indigent clients. The attorney and her colleagues believe that it is better for defendants to have a little representation rather than none at all, and that most defendants would lose at trial anyway. Does the attorney have an ethical problem, under the Rules of Professional Conduct? a) Yes, because a lawyer must control her workload so that each matter can be handled competently. b) Yes, because it would be better for clients to have no lawyer at all than to rely upon a lawyer who is providing minimal or inadequate representation. c) No, if most of the clients would, in fact, fare worse if they went to trial, then the attorney's representation is their best option. d) No, because there is a special exception for public defenders in the Rules of Professional Conduct regarding diligence.

a) Yes, because a lawyer must control her workload so that each matter can be handled competently.

An attorney is a litigator and represents a client in a civil lawsuit in which the client is the defendant. The attorney explains the general strategy and prospects of success, and consults the client on tactics that are likely t result in significant expense, such as the hiring of experts or jury consultants. At the same time, the attorney believes their best show at winning the case will be to elicit an admission from the plaintiff during cross-examination when the plaintiff testifies at trial. More specifically, the attorney plans to elicit a mild, relatively innocent admission during the first round of cross-examination, expecting opposing counsel to rehabilitate the witness on re-direct examination. The attorney then plans a short, direct, re-cross consisting of three yes-or-no questions that should elicit a devastating admission from the plaintiff, which opposing counsel is probably not anticipating. Attorney has not discussed this plan for cross and re-cross with Client. Even if the re-cross does not go as well as the attorney hopes, they might prevail in the case by several other ways. Is it proper for the attorney to leave the client out of the planning for the cross-examination and re-cross of the plaintiff? a) Yes, because a lawyer ordinarily will not be expected to describe trial or negotiation strategy in detail. b) Yes, because the client might try to interfere with Attorney's strategies and tactics, which would put the attorney under the control of the client. c) No, because a lawyer should explain the general strategy and prospects of success and ordinarily should consult the client on tactics that are likely to result in significant expense or to injure or coerce others. d) No, because lawyers should consult with clients about their plans for direct examination, but not cross-examination, because it is impossible to plan a cross-examination until one first hears the witness's testimony during direct examination.

a) Yes, because a lawyer ordinarily will not be expected to describe trial or negotiation strategy in detail.

80. During a personal injury trial, the court took a lunchtime recess for an hour. The plaintiff's lawyer from the case walked across the street from the courthouse to a familiar diner to buy lunch. The diner was very crowded, so it was difficult for patrons to find a table to sit and eat. After ordering his sandwich at the counter, the attorney noticed two jurors from his own trial standing with their food, waiting for a free table. One of the jurors asked the attorney if they could share a table with him when one became available. The attorney agreed, but reminded them that they could. not talk about the case. The three sat together and ate their sandwiches. The two jurors talked most of the time, getting to know each other - discussing their children, their jobs, and their pets. The attorney did not participate in the conversation except to answer their questions about how many children he had, and whether he owned any pets. Another juror from the trial was at the diner, and noticed the attorney sitting with the other two jurors, which he reported to the judge when court reconvened. Could the attorney be subject to discipline for sharing a table with the jurors during a lunch break? a) Yes, because a lawyer should not have any ex parte social contact with jurors during a proceeding, even if they do not discuss the case. b) Yes, because he allowed the two jurors to sit with each other and get to know each other, which makes it more likely that they will influence each other during deliberations. c) No, because this is a civil trial rather than a criminal trial. d) No, because the lawyer did not discuss the case with the jurors at all and barely participated in their socializing.

a) Yes, because a lawyer should not have any ex party social contact with jurors during a proceeding, even if they do not discuss the case.

150. An attorney hires three new associates upon their graduation from law school in a neighboring state. The associates passed the bar in the neighboring state, but they are still unlicensed in the attorney's state. The associates confine their work to conducting research, reviewing documents, and attending meetings with witnesses in support of the attorney, who is responsible for all the litigation. The research done by the associates, however, is far beyond the capabilities of a paralegal or a typical law student associate. Is the attorney subject to discipline for this arrangement? a) Yes, because the attorney has facilitated the unauthorized practice of law by the associates. b) No, because the associates are licensed in a neighboring state, which presumably has similar laws and precedents. c) Yes, because the attorney is relying on research done by lawyers unlicensed in that jurisdiction. d) No, because the associates merely conduct delegated work under the attorney's supervision, for which the attorney is ultimately responsible.

d) No, because the associates merely conduct delegated work under the attorney's supervision, for which the attorney is ultimately responsible.

49. An attorney has represented his client in the past on various transactional matters. They have always operated under an oral agreement about the fees, and they have never had a dispute over fees in the past - the attorney would send the client a bill, and the client would pay it. Recently, the client contacted the attorney by phone about representing him as a plaintiff in a personal injury lawsuit. The attorney agreed, and then explained that he would charge a contingent fee in the case, so that the client did not have to worry about how much time his attorney had put into the case, as the client would still receive the same share of whatever amount they won. Given their long history working together, the attorney offers to st the contingent fee below the rate charged by other attorneys in the area, and they agree over the phone on a 25 percent contingent fee for the attorney, after costs and expenses. They never formalize this agreement in writing, though at the end of the case, after they prevail and win a large verdict, the attorney sends the client a written statement about keeping 25 percent of the award for his fee. The client is very happy with the outcome of the case and they have no dispute over this fee. Would the attorney be subject to discipline in a situation like this? a) Yes, because contingent fees must always be formalized in writing at the beginning of representation. b) Yes, because a lawyer cannot charge a contingent fee in a personal injury case. c) No, because the lawyer agreed to charge a contingent fee far below the rate that most lawyers receive for this type of case. d) No, because the lawyer provided an accounting at the end of the case and there was no dispute over the fees.

a) Yes, because contingent fees must always be formalized in writing at the beginning of representation.

105. An attorney has her own firm and works as a solo practitioner. She has been practicing law for about twenty years, and is now in her mid-40s. Recently, though, a routine visit to her doctor revealed indications of multiple sclerosis, and she has scheduled appointments with specialists for more testing. She has been struggling with several symptoms that usually result from this condition. Does the attorney have any ethical obligations toward her clients, at least related to her possible condition? a) Yes, because each sole practitioner must prepare a plan that designates another lawyer to review client files, notify each client of the lawyer's death or disability, and determine whether there is a need for immediate protective action. b) Yes, because every lawyer has an obligation to make sure that a medical condition or disability does not in any way influence her actions, decisions, or plans regarding client representation. c) No, because lawyer medical information is strictly confidential and should not influence a lawyer's actions, decisions, or plans regarding client representation. d) No, because clients need to feel that they can rely fully upon their lawyer's ongoing representation, and any planning or decisions based around potential disability or death could undermine the trust that is so essential to the attorney-client relationship.

a) Yes, because each sole practitioner must prepare a plan that designates another lawyer to review client files, notify each client of the lawyer's death or disability, and determine whether there is a need for immediate protective action.

Two successful business partners hired an attorney to help with the dissolution of the partnership, as the two partners no longer want to work together. The attorney was very concerned about the obvious conflict of interest, but the partners insisted that they did not want to complicate matters unnecessarily by hiring separate counsel, and that they were already in complete agreement about how to divide the business. They even signed informed consent statements acknowledging and waiving the conflict. Each partner believed it would be in both of their best interests to use only one lawyer to dissolve the business. The matter was purely transactional at this point, and did not involve any anticipated litigation before a tribunal. One partner had already mentioned to the attorney that he might need his legal services in setting up a new business, as well as handling some estate planning issues for him. The attorney still believed that dual representation was not a good idea, given the complexity of the business and the debatable future value of some of the patents, goodwill, and other intellectual property involved, and because one partner contributed a much larger share of the startup funds years before. The partner who mentioned hiring the attorney to do estate-planning work wanted the dissolution to include assigning his proceeds from the business to his heirs. The attorney proceeded with the dual representation and the dissolution appeared to proceed smoothly. Is the attorney subject to discipline for representing both partners? a) Yes, because the attorney did not reasonably believe that he would be able to provide competent and diligent representation to each affected client. b) Yes, because the facts do not mention whether they split the legal fees evenly, and one of them has mentioned giving the attorney some business in the future. c) No, because the representation involves the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal. d) No, because it appears on these facts that there will be no assets in dispute at all, so the theoretical conflict of interest would have no bearing on their case.

a) Yes, because the attorney did not reasonably believe that he would be able to provide competent and diligent representation to each affected client.

67. An attorney represented a client in a criminal prosecution. The client agreed to a plea bargain, and the case moved on to a sentencing hearing. The prosecution's pre-sentencing report to the judge erroneously indicates that the client has no prior convictions, and the trial judge asked the client directly whether that is true. The client affirmed that he had no prior criminal record, and the judge sentenced him leniently, giving him six months' probation. Yet the attorney had represented the client previously in another jurisdiction in a criminal matter, and he knew that the pre-sentencing report was erroneous. Before adjourning, the judge asked the attorney if he had anything else to say. Could the attorney be subject to discipline if he does not correct the judge's misperception about the client's criminal record? a) Yes, because the attorney must not allow his client to offer evidence that the knows to be false to a tribunal. b) Yes, because the client committed perjury when he answered the judge's question in the courtroom, once the court was in session for the sentencing hearing. c) No, because a lawyer cannot violate his ethical duty of confidentiality to his client. d) No, because the attorney did not make the false statement, and has no duty to correct the false statements of others.

a) Yes, because the attorney must not allow his client to offer evidence that the knows to be false to a tribunal.

122. A client was with three friends in a car when a police officer stopped the vehicle. During the stop, the police officer found cocaine and marijuana in the vehicle. The prosecutor charged the client for possession of a controlled substance. The prosecutor did not charge anyone for possessing marijuana, though it was illegal to possess such a substance in the jurisdiction where the vehicle was stopped. The attorney knows the client uses marijuana. The client has expressed that he has never used cocaine but that he knows a friend that was in the car uses it. The client takes a drug test at the attorney's recommendation. The drug test shows the client negative for controlled substances, but positive for marijuana. The attorney wants to use the drug test to show it was unlikely that a the cocaine found in the car belonged to the client. Nevertheless, providing the drug test to the prosecutor would reveal that the client tested positive for marijuana and might lead to charges based on the marijuana found in the vehicle at the time of the stop. The attorney asks his client if he can show the prosecutor the drug test as evidence that the client did not use cocaine around the time of the finding and that the cocaine likely did not belong to the client. The client tells the attorney he can share the results with the prosecutor. Did the attorney act properly? a) Yes, because an attorney is impliedly authorized to carry out the representation of a client, including revealing confidential information. b) Yes, because an attorney can disclose confidential information if the client permits the attorney to do so. c) No, because attorneys shall not reveal any confidential information despite what the client requests or authorizes. d) No, because the client must give informed consent and the attorney did not make the client aware of the risks and reasonable alternatives.

d) No, because the client must give informed consent and the attorney did not make the client aware of the risks and reasonable alternatives.

125. An attorney represented a client in a misdemeanor criminal matter involving minor vandalism. The attorney interviewed the victim, who incurred the property damage, hoping to learn more about the value of the damage and how frequently vandalism occurs in that neighborhood. The property owner explained to the attorney that the client had been demanding "protection money" from him and other business owners in the neighborhood for a long time, and that the vandalism followed his refusal to continue paying the protection money. The amount involved was substantial, and the attorney realized that the client could face much more serious charges for extortion. The attorney never discussed this with the client, and the client gladly accepted a plea bargain offer for a few months' probation on the misdemeanor vandalism charge. Several years later, the client died in a car accident, and the property owner became a business-world celebrity when he published a book about how businesses transform neighborhoods. A reporter eventually found the attorney and interviewed him about the vandalism incident, several years prior, that had damaged the property owner's building at the time. The attorney explained that the incident was actually part of a larger extortion operation and that the business owner had handled the matter nobly. Should the attorney be subject to discipline for this disclosure? a) Yes, because the confidentiality rule applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. b) Yes, because the disclosure violated the attorney-client privilege. c) No, because the attorney did not receive the confidential information from his own client, but rather from the client's victim, whom he did not represent. d) No, because the disclosure occurred after the client was dead, so it could no longer harm the client.

a) Yes, because the confidentiality rule applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source.

86. A lawyer is engaged in civil litigation. On his way into the courthouse on the day of jury selection, reporters gathered around the lawyer hoping for comments. The lawyer explains that the (unrelated) criminal trial happening at the courthouse that day is far more important, and he expresses regret that he is not involved in that case at all. He states that he believes the criminal case should result in an acquittal because the police (who are testifying as witnesses in the case) violated the defendant's civil liberties, and because the relevant penal statute itself, which furnished the basis for charges in the case, violates the Bill of Rights. His own civil case, he says, is a brief matter scheduled for a one-day trial, so he hopes to observe the closing arguments tomorrow in the important criminal case in the other courtroom. Were the lawyer's statements proper? a) Yes, because the rule limiting trial publicity applies only to lawyers who are, or who have been involved in the investigation or litigation of a case. b) Yes, because the lawyer is expressing opinions about the constitutionality of a law and of the state's actions, and such statements receive special protection under the First Amendment. c) No, because the lawyer is commenting on the character or reputation of police who will be witnesses in the case. d) No, because the lawyer's arguments would be inadmissible at trial, if the courts have already upheld the constitutionality of the statute and the police actions in this circumstance.

a) Yes, because the rule limiting trial publicity applies only to lawyers who are, or who have been involved in the investigation or litigation of a case.

143. An attorney works for a mid-size law firm that employs two or three law students every year as summer associates. The manager of the student associates assigns one of them to work on the attorney's pending antitrust case, in addition to assignments for other lawyers at the firm. While researching an important issue in the case, the summer associate discovered an older Supreme Court decision that was unfavorable to their client. The summer associate decided not to tell anyone about the case, as the opposing party seemed to have overlooked it in their briefs. The attorney was not aware of any of this. The hearing went well for their side, and the associate never said a word about "burying" that Supreme Court case he had found. After winning at the hearing, the attorney complimented the summer associate for his fine work and rewarded him by treating him to lunch at an expensive restaurant. the judge's clerks, however, found the case, and the judge queried the lawyers about how they could have missed it. Opposing counsel admitted he had been negligent in doing legal research on the matter, and the summer associate then recounted how he hid the case from the attorney. Is the attorney now subject to discipline for what the summer associate did? a) Yes, even though he was unaware of the violation at the time, the attorney ratified the summer associate's conduct by complimenting him on his work and buying him an expensive lunch. b) No, because the attorney did not know about the associate's conduct at the time it occurred, or while submitting briefs, or even when the hearing began. c) Yes, because lawyers are automatically liable for the misconduct of non-lawyer employees at their firm; the lawyer had an affirmative duty to find the case himself and disclose it. d) No, because opposing counsel was negligent in failing to research the issue, and if he had, he would probably have discovered the case on his own.

b) No, because the attorney did not know about the associate's conduct at the time it occurred, or while submitting briefs, or even when the hearing began.

59. An attorney represents Conglomerate Corporation in a lawsuit against the company brought by an individual plaintiff. The lawsuit could bring very bad publicity to Conglomerate Corporation and could adversely affect its stock share price. Conglomerate offers to settle the matter quietly, but the plaintiff rejects the settlement offer. The attorney then files a counterclaim against plaintiff, alleging libel and slander of Conglomerate Corporation, vexatious litigation, and tortious interference with contract, for which he demands millions of dollars in damages. The attorney and plaintiff's counsel both know these counterclaims lack any real basis in fact, but will be costly for plaintiff to defend. The attorney uses the counterclaims as leverage in reopening the settlement negotiations, offering to withdraw the counterclaims if plaintiff will accept a new, slightly higher settlement offer. The plaintiff calculates the cost of defending against the counterclaims and the difference between the settlement offer and the expected damages if plaintiff wins at trial, and reluctantly agrees to accept the terms of the offer. Could the attorney be subject to discipline for filing the counterclaims? a) Yes, because there is no factual basis for the claims, and the lawyer did not bring them in good faith. b) Yes, because the lawyer used the counterclaims as leverage to induce the opposing party into accepting an unfavorable settlement. c) No, because an advocate has a duty to use legal procedure for the fullest benefit of the client's cause. d) No, because the claims and counterclaims settled before going to trial, so the lawyer did not violate his duty of candor to the court.

a) Yes, because there is no factual basis for the claims, and the lawyer did not bring them in good faith.

An attorney worked for a small plaintiff's firm in Dallas, Texas. The firm undertook the representation of the victim, who suffered severe injuries in a traffic accident with a large truck, allegedly due to the truck driver's negligence. The attorney was not involved in the case at all; another associate at the firm represented the victim in the lawsuit. Big Firm, which has offices in several states, is defending the trucking company in the personal injury lawsuit Brough by the victim. The attorney's small firm has a single office and a computer network that allows the five lawyers there to share documents and files from all their cases with each other. Any lawyer in the firm could access all of the other lawyers' documents, which saved time as lawyers could copy and paste from various motions and pleadings that other lawyers had drafted previously on unrelated matters. Every Thursday afternoon, there was a mandatory meeting of the lawyers in the firm, in which they discussed whether to accept the cases of new potential clients, and they discussed how the pending litigation of each lawyer was proceeding. The lawyers exchanged advice and suggestions for one another's case. The attorney did not make partner at the small firm, so he left and went to the Kansas satellite office of Big Firm instead. Big Firm assigned the attorney to work on the trucking company case, the same case in which his previous firm represented the opposing party. The attorney had not worked previously on the case and had heard about it only in passing during the weekly litigation meetings at his previous firm, and now remembers almost nothing from the conversations. Should the attorney be subject to disqualification from defending the trucking company? a) Yes, if a lawyer has general access to files of all clients of a law firm and regularly participates in discussions of their affairs, it creates an inference that such a lawyer in fact is privy to all information about all the firm's clients, and the burden of proof should result upon the firm whose disqualification is sought. b) Yes, because the attorney is familiar with all the litigators at the firm of opposing counsel and knows each of their strengths and weaknesses as litigators and what strategies they like to use, which would give the attorney and unfair advantage win any case in which they serve as opposing counsel. c) No, if a lawyer while with one firm acquired no knowledge or information relating to a particular client of the firm, and that lawyer later joined another firm, neither the lawyer individually nor the second firm is disqualified from representing another client in the same or a related matter even though the interests of the two clients conflict. d) No, because the attorney now works for a firm in Kansas and the opposing counsel has its office only in Texas, so the attorney would not be subject to disqualification.

a) Yes, if a lawyer has general access to files of all clients of a law firm and regularly participates in discussions of their affairs, it creates an inference that such a lawyer in fact is privy to all information about all the firm's clients, and the burden of proof should result upon the firm whose disqualification is sought.

78. An attorney represents a small business in a contract dispute with one of its suppliers. The attorney meets with the employees of his client, in groups of four or five at a time, and explains that there is litigation pending, that Big Firm is representing the supplier, and that they should simply decline to discuss the case with anyone, especially lawyers from Big Firm. Was it proper for the attorney to ask the employees not to talk to the other party? a) Yes, the Rules of Professional Conduct permit a lawyer to advise employees of a client to refrain from giving information to another party, for the employees may identify their interests with those of the client. b) Yes, because each of those individuals is still free to ignore the lawyer and talk to whomever they want about the case or about the company.' c) No, because the Rules of Professional Conduct do not permit a lawyer to advise employees of a client to refrain from giving information to another party, for the employees may identify their interests with those of the opposing party.'' d) No, because a lawyer shall not request a person other than a client to refrain from voluntarily giving relevant information to another party.

a) Yes, the Rules of Professional Conduct permit a lawyer to advise employees of a client to refrain from giving information to another party, for the employees may identify their interests with those of the client.

An attorney worked for several years for a federal government agency in regulatory enforcement. Big Firm then hired the attorney for a substantially higher salary, and the attorney accepted the position and left her government position. One of the attorney's first assigned cases at Big Firm was a new action by the client against Conglomerate Corporation. The attorney had worked on an enforcement against Conglomerate Corporation and learned confidential government information about the entity during the litigation. The government agency gives its informed consent, confirmed in writing, to the representation. Is the attorney nevertheless subject to disqualification in the client's matter against the attorney's former employer? a) Yes, the attorney has confidential government information about a person acquired while working for the government agency, and therefore may not represent a private client whose interests are adverse to that person in a matter in which the information could be used to the material disadvantage of that person. b) No, because the attorney did not previously represent the client or Conglomerate Corporation, so there is no attorney-client privilege or conflict of loyalties here between two clients that the attorney is representing or has represented. c) No, because the appropriate government agency gave its informed consent, confirmed in writing, to the representation. d) No, as long as Big Firm has policies and procedures in effect to supervise the attorney's work closely enough to ensure compliance with the Rules of Professional Conduct, including training sessions about the conflict-of-interest rules.

a) Yes, the attorney has confidential government information about a person acquired while working for the government agency, and therefore may not represent a private client whose interests are adverse to that person in a matter in which the information could be used to the material disadvantage of that person.

126. A client met with an attorney for a free consultation, and explained that the had met with two other lawyers for consultations and that she planned to hire one of the three to provide the legal services necessary to set up her professional business. The attorney needed to make a good impression on the client, so he mentioned a few prominent accountants and physicians in town whom the attorney had represented and helped with incorporating their partnerships or practice groups. These former clients had never explicitly authorized the attorney to disclose his representation of them in these matters. The client hired the attorney, and the attorney provided the legal services necessary to set up her business. Unfortunately, a dispute arose between the client and the attorney over the fees, and this fee dispute turned into litigation between the attorney and the client. In order to support his claims and defenses in the fee dispute, the attorney had to disclose to the tribunal exactly what he did for the client and the complexity of the issues involved, which necessarily involved the disclosure of confidential information. Was it proper for the attorney to disclose this confidential information about the client merely to prevail in a fee dispute? a) Yes, because the representation of the client ended when the fee dispute began, so the attorney has no remaining duty of confidentiality to the client. b) Yes, the lawyer may reveal information relating to the representation to establish a claim in a fee dispute between the lawyer and the client. c) No, because the former clients did not authorize the attorney to disclose that he had represented them or the nature of the matters involved in the representation. d) No, because the duty of confidentiality continues after the client-lawyer relationship has terminated, including the prohibition against using such information to the disadvantage of the former client.

b) Yes, the lawyer may reveal information relating to the representation to establish a claim in a fee dispute between the lawyer and the client.

An attorney was a judge for several years. Near the end of her tenure as a judge, she functioned in the role of the chief administrative judge in that court, assigning cases to other judges and supervising their work, and had only a limited docket of her own trials. The attorney then left the bench and opened her own law practice. The attorney agrees to represent the client in a matter in the same courthouse where the attorney formerly served as a judge. The attorney even remembers the case, but only the names of the parties and the nature of the action, because she assigned it to the trial judge who currently has the case on his docket, but the attorney had no other involvement with the matter. The client's previous lawyer in the matter was subject to disqualification at the motion of the opposing party due to a conflict of interest. Is it proper for the attorney to represent the client in this matter? a) Yes, the fact that a former judge exercised administrative responsibility in a court does not prevent the former judge from acting as a lawyer in a matter where the judge had previously exercised remote or incidental administrative responsibility that did not affect the merits. b) Yes, as long as all the parties to the matter provide informed consent, confirmed in writing, to the representation. c) No, because she previously supervised the trial judge hearing the case, and even assigned the case to that judge. d) No, because the client's previous lawyer was already subject to disqualification due to a conflict of interest in the matter.

a) Yes, the fact that a former judge exercised administrative responsibility in a court does not prevent the former judge from acting as a lawyer in a matter where the judge had previously exercised remote or incidental administrative responsibility that did not affect the merits.

An insurer retained an attorney to represent it in a matter, and requested a retainer agreement that limited the representation to matters related to the insurance coverage. The insurance was a homeowner's policy for damage to the policyholder's residential real estate, and included a rider for premises liability. The incident that triggered the claim, however, involved the brutal murder of a woman and her two young children across the street from the house in a neighbor's driveway. Due to the limited scope of his representation, however, the attorney ignored the horrific deaths and the fact that the known killer had escaped conviction on a technicality. In a cool and calculated manner, the attorney focused his work exclusively on the property damage from the incident and the premises liability, and obtained a favorable outcome for the insurer. Was it proper for the attorney to limit the scope of his representation this way? a) Yes, when an insurer retains a lawyer to represent an insured, the representation may be limited to matters related to the insurance coverage; a limited representation may be appropriate because the client has limited objectives for this representation. b) Yes, because investigating the murders after the suspected killer obtained a conviction would violate the double jeopardy clause of the Constitution. c) No, because a lawyer may limit the scope of the representation only if the limitation is reasonable under the circumstances and the client gives informed consent, and here the limitation was not reasonable. d) No, because an attorney has a duty to investigate and discover the truth about what happened, and it would violate public policy to allow lawyers to act in a cool and calculated manner when human lives are at stake.

a) Yes, when an insurer retains a lawyer to represent an insured, the representation may be limited to matters related to the insurance coverage; a limited representation may be appropriate because the client has limited objectives for this representation.

101. An attorney normally does business transactional work for clients, and he has done so for a decade. One of the attorney's clients recently injured another driver in a car accident, and he asked the attorney to defend him in the personal injury lawsuit over the incident. The attorney has never taken a case to trial, but he took trial advocacy courses in law school and has served as second chair on other lawyers' commercial litigation trials. The attorney would like to keep the client and would not mind expanding his practice into a new area. Which of the following would be an improper course of action? a) The attorney could decline to represent the client in the matter, explaining that he specializes in transactional work and does not do trials, and could encourage the client to find another lawyer. b) The attorney could refer his client to another lawyer and charge the other lawyer a substantial referral fee. c) The attorney could research personal injury lawyers in the area, refer his client to one who seems most reputable, and charge the client for the time spent finding a suitable referral. d) The attorney could take the case, conduct research to master the relevant points of precedent or statutory law, and represent the client to the end of the litigation.

b) The attorney could refer his client to another lawyer and charge the other lawyer a substantial referral fee.

Lindsey is a single mother working as a cashier in a liquor store. She is behind on her rent, and her landlord has provided written notice of his intent to evict her from her apartment; a complicating factor in the eviction is the the landlord did not fully honor the terms of the lease regarding conditions in the apartment parking lot. She meets with a lawyer for a free initial consultation, but realizes she cannot possibly afford the lawyer's fees, so she leaves and starts planning to move home with her parents. Lindsey also discusses her problems with one or two of her friendly customers. To her surprise, the lawyer calls her the next day and offers to represent her free of charge, and she returns to the office and signs a retainer to this effect. Unbeknownst to Lindsey, a regular customer at the liquor store, Richard, is infatuated with her, and having learned of her plight, Richard contacted the lawyer and offered to pay all the fees for the lawyer's representation of Lindsey, on the condition the Lindsey never know about it. Richard wants to keep Lindsey in the neighborhood so that he might someday win her affections. Under the Model Rules, how should the lawyer handle the situation? a) The lawyer can represent Lindsey under this arrangement as long as he explains to Richard that Lindsey will have ultimate control over the case decisions, not Richard. b) The lawyer absolutely cannot represent Lindsey without obtaining her written consent, even though she would receive free legal help and the lawyer would represent her diligently. c) The lawyer can represent Lindsey as long as he discloses to her that someone else is paying his fee, but he should keep Richard's identity confidential. d) The lawyer should decline the representation because Lindsey clearly has no case here, given that she is behind on rent, and the eviction is a legal certainty.

b) The lawyer absolutely cannot represent Lindsey without obtaining her written consent, even though she would receive free legal help and the lawyer would represent her diligently.

53. A client hired an attorney to represent her in a litigation matter. At the end of the first day of trial, the client is unhappy with her lawyer's performance in the courtroom and informs the attorney that she is firing him and will find another lawyer. The attorney wants to continue representing this client until the end of the trial. May the client discharge the attorney after a trial has begun? a) Yes, as long as a client obtains permission from the court to discharge an attorney, it is permissible. b) Yes, a client has a right to discharge a lawyer at any time, with or without cause, subject to liability for payment for the lawyer's services. c) No, a client may not discharge a lawyer once a trial is underway, because the disruption could be prejudicial to the opposing party. d) No, a client cannot discharge a lawyer once the lawyer has received confidential information about the client's case.

b) Yes, a client has a right to discharge a lawyer at any time, with or without cause, subject to liability for payment for the lawyer's services.

Client consults with Attorney regarding a criminal case in which Client is the defendant. Attorney previously represented Client's friend, who is a co-defendant in the current case, in another matter. Attorney does not believe that the previous representation of Client's friend will disable him from providing competent and diligent services to Client, and the parties are not making any claims against each other. May Attorney represent Client in this case? a) Yes, attorneys may represent conflicting parties as long as both clients give informed consent and have had the opportunity to consult with independent counsel regarding the matter. b) Yes, attorneys may represent conflicting parties as long as both clients give informed consent and both parties confirm their consent in writing. c) No, attorneys shall not ever represent conflicting parties, as it is impossible for attorneys to provide competent and diligent services when representing conflicting parties. d) No, attorneys cannot represent conflicting parties when the parties are co-defendants in criminal matters.

b) Yes, attorneys may represent conflicting parties as long as both clients give informed consent and both parties confirm their consent in writing.

104. An attorney is representing the plaintiffs in class action suit over a mass tort, and the case has become surprisingly complex and time-consuming. The federal court has scheduled a five-week trial for the case, and the trial is coming up net week, meaning that the attorney must work long hours on trial preparation from now until then. The attorney has about twenty other open cases with other clients, but none of them have motions due until after the upcoming class action trial, so the attorney has been focusing exclusively on the class action suit and has been temporarily ignoring the other cases. The attorney has not commenced discovery on the other cases or responded to recent discovery requests, because they do not even have scheduled trial dates yet, and there is nothing new to report to the clients about the other cases, so the attorney has not been in touch with them for the last two or three months. Could the attorney be subject to discipline for procrastinating about these other cases? a) Yes, because one class action lawsuit does not equal the individual cases of twenty other clients, and a lawyer has a duty to apportion time evenly across open cases. b) Yes, because a client's interests can be adversely affected by the passage of time, and unreasonable delay can cause a client needless anxiety. c) No, unless the lawyer has actually missed a deadline or statute of limitations, there is no rule violation in this instance. d) No, as long as the class action lawsuit involves more clients in the class than the twenty individual clients who comprise the remainder of the lawyer's caseload.

b) Yes, because a client's interests can be adversely affected by the passage of time, and unreasonable delay can cause a client needless anxiety.

After an attorney has been representing a client in a transactional matter for six months, the client asks the attorney to draft and deliver some documents that the attorney knows are fraudulent. The attorney tries to dissuade the client, but the client insists. The attorney believes the recipient of the documents will probably realize they are fraudulent before irreparable harm happens to the recipient. The client is willing to sign a private document for the attorney in which the client takes full responsibility for the fraud and states that the attorney was merely following orders and is not blameworthy in the matter. Would it be improper for the attorney to acquiesce, and draft and deliver the documents according to the client's instructions? a) Yes, because the waiver of responsibility document that the client signed constitutes a personal transaction between the attorney and the client, for which the client should have had the advice of outside counsel. b) Yes, because a lawyer is required to avoid assisting the client, for example, by drafting or delivering documents that the lawyer knows are fraudulent. c) No, because the Model Rules of Professional Conduct confer upon the client the ultimate authority to determine the purpose to be served by legal representation. d) No, because the attorney reasonably believes that the recipient of the documents will suffer no irreparable harm, and the client is willing to assume full responsibility for the action, confirmed in writing.

b) Yes, because a lawyer is required to avoid assisting the client, for example, by drafting or delivering documents that the lawyer knows are fraudulent.

92. An attorney works in a partnership with one other lawyer. A client wants the attorney to represent her in litigation over a contract dispute, because the attorney helped negotiate the contract. In fact, the attorney was the only other party in the room when the Clint and the other party reached a final agreement on the terms and signed the contract. The attorney explains that he will probably have to testify as a witness at the client's trial, as the dispute involves the parties' intention regarding a certain ambiguous provision of the contract. The attorney said he would truthfully corroborate the client's version of the events. As a result, the attorney explains, he cannot represent the client at the trial, but his partner at the firm (a two-lawyer partnership) could represent the client instead. The client retained the attorney's partner to represent her in the litigation. Is this arrangement proper? a) Yes, because the client has agreed to it and there is no conflict of interest. b) Yes, because a lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness. c) No, because the firm had only two partners and the relationship is too close for one to be objective while conducting direct examination of the other. d) No, because a lawyer may not act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness.

b) Yes, because a lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness.

68. An attorney was representing a client in a criminal matter. At the bail hearing, the prosecutor told the court that the defendant was a flight risk, and asked the court either to confine the defendant until trial or to set bail at $15,000. When it was the attorney's turn to speak, he assured the judge that the client had a medical condition that would prevent him from leaving the area, and that the client did not intend to flee the jurisdiction, but was confident that he could stand trial and clear his name of all charges. The attorney knew, however, that the client already had plane tickets to Venezuela, a non-extradition country, and that the client had already fully recovered from his serious medical condition. Is the attorney subject to discipline fo making these statements to the court? a) Yes, because there is no constitutional right to have bail in state court. b) Yes, because a lawyer may not knowingly make a false statement of fact or law to a tribunal. c) No, because the statements made at a bail hearing would not affect the merits or outcome of the case. d) No, because the lawyer. does not know for a fact that the client will actually flee the jurisdiction, and he cannot say with medical certainty that the client's medical condition will. not relapse.

b) Yes, because a lawyer may not knowingly make a false statement of fact or law to a tribunal.

90. A prosecutor in a felony drug case addressed a group of reporters outside the District Attorney's Office. In response to questions about the specific case underway, the prosecutor explained that the judge had consolidated the trials of three co-defendants into a single proceeding and had postponed the proceeding until the next summer, four months away. Was it proper for the prosecutor to disclose such details about the case to reporters? a) Yes, because the public has a right to know the details of a criminal prosecution, as the taxpayers are paying the prosecutor's salary. b) Yes, because a lawyer may tell reporters the scheduling or result of any step in litigation. c) No, because no lawyer associated in a firm or government agency subject to the Rules of Professional Conduct shall make a statement prohibited by the rules. d) No, because criminal jury trials will be most sensitive to extrajudicial speech.

b) Yes, because a lawyer may tell reporters the scheduling or result of any step in litigation.

56. A client, who happened to be a judge, hired an attorney to represent her in her divorce proceeding against her husband, who is guilty of marital infidelity. Their fee agreement stipulates that the attorney would bill the client every month for the work performed in the previous thirty days. After two months of representation, the attorney has sent the client two bills, and has received no payments. Is it proper for the attorney to seek to withdraw from the case on the basis of unpaid fees? a) Yes, because otherwise the attorney will develop a conflict of interest with his own client, as the share of the marital assets will impact the client's ability to pay all the outstanding fees at the end of the proceeding. b) Yes, because a lawyer may withdraw if the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled. c) No, because a lawyer representing a judge may not withdraw without the judge's approval or permission. d) No, because withdrawing over unpaid fees turns the representation into a contingent fee arrangement, which is impermissible in a divorce case.

b) Yes, because a lawyer may withdraw if the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled.

79. In preparation for trial, an attorney and the client sat down together to go over the client's upcoming testimony. The client mentioned, as he recounted his version of the facts, something that the attorney knew would constitute as admission of fault on a critical point in the case. The attorney interrupted the client and said, "If you admit that, you will have forfeited your entire case." The client nodded to show his comprehension of what the attorney said. The client testified at trial and changed his story significantly, carefully omitting the statement that the attorney had identified as a legal admission of guilt. Did the attorney violate the Rules of Professional Conduct in preparing the client for his testimony in this way? a) Yes, because a lawyer should not prepare a witness for testimony at trial at all, due to the risk of manipulating the witness or coaching the witness on the testimony. b) Yes, because a lawyer must not counsel another person to conceal a matter with evidentiary value. c) No, because the attorney did not actually coach the witness to make a false statement but merely to refrain from making certain unfavorable admissions. d) No, because one of the main values of having representation in litigation is to have advice and counsel as one prepares to testify at trial.

b) Yes, because a lawyer must not counsel another person to conceal a matter with evidentiary value.

74. A client is aware that he is under investigation for student loan fraud. A friend who works at the courthouse tips off the client that a magistrate issued a warrant to search the client's home for evidence the next day in the early morning. In a panic, the client calls his attorney, whom he has retained to represent him during the investigation and any prosecution that follows, and asks what he should do. The attorney informs him that the agents executing the warrant will surely seize any computers and hard drives that they find, and that the client should probably wipe and reformat all his drives or dispose of his computers, that he should probably smash his cell phone, and that he might want to go on a long vacation immediately. Is the attorney subject to discipline for this advice? a) Yes, because the Sixth Amendment to counsel does not arise until formal adjudicatory proceedings begin. b) Yes, because a lawyer shall not counsel or assist another person to destroy or conceal a document or other material having potential evidentiary value. c) No, because the traditional rules against destroying documentary evidence apply only to printed copies, not to electronic files stored on a computer hard drive. d) No, because until the police execute the warrant and legally seize the computers, they are the client's private property and he can do whatever he wants with them.

b) Yes, because a lawyer shall not counsel or assist another person to destroy or conceal a document or other material having potential evidentiary value.

44. An attorney represented a client in litigation over a breach of contract. After jury selection but before the opening arguments of trial the following Monday, the opposing party contacted the attorney with a settlement offer. The attorney. an experienced litigator, was familiar with opposing counsel from previous cases, and knew that opposing counsel always follows up an initial settlement offer with a better offer a day or two later. Therefore, the attorney declined the offer immediately, knowing from experience that a better offer was forthcoming. When the attorney met his client at the courthouse the following Monday for the first day of trial, he mentioned that he was encouraged by the opposing party's initial offer the previous week, which he had declined, because it meant that a more generous offer was on the way any time. The client was surprised that his attorney had not consulted with him about the offer, but he accepted the attorney's explanation for declining it and agreed that they would wait for the next offer. As both parties and their lawyers took their places in the courtroom, the opposing counsel passed a note to the attorney with a new settlement offer, and just as the attorney expected, it was much more generous. The attorney and his client agreed to settle the case right then, and avoided the inconvenience of going through the whole trial. Is the attorney subject to discipline? a) Yes, because waiting to settle the case until the last minute before trial meant a lot of inconvenience for the judge, the jury, and the other court personnel that could have been avoided if the lawyer had engaged opposing counsel in negotiations at the time of the first offer, the previous week. b) Yes, because a lawyer who receives from opposing counsel an offer of settlement in a civil controversy must promptly inform the client of its substance prior to taking any action. c) No, because the attorney obtained a more favorable outcome for his client by waiting for the follow-up offer on Monday, and the case still ended up settling before trial. d) No, as long as the client would have agreed anyway to let the attorney decline the initial offer, if attorney had explained opposing counsel's consistent pattern with offers.

b) Yes, because a lawyer who receives from opposing counsel an offer of settlement in a civil controversy must promptly inform the client of its substance prior to taking any action.

58. An attorney agreed over the phone to represent a client, and began working on the case immediately. The client came into the office two weeks later to sign the representation agreement. At the same time, the attorney gave the client a written statement of the hours worked so far and requested immediate payment for that portion of the fee, plus a $10,000 retainer up front against which the lawyer would draw fees as the representation proceeded. The fee arrangement was complicated. In addition to the hourly fee for the time he had already worked, the agreement called for an hourly rate of $150 per hour for any work done before trial. If the case were to go to trial, the hourly fee would be $250 per hour for the entire trial phase and any appeals. The agreement also stipulated that it incorporated by reference any oral agreements regarding additional fees and expenses. The client signed the agreement. Then the lawyer explained orally that in addition to the hourly fees and the non-refundable retainer, he would take a 25 percent contingent fee of any money that the other side had to pay the client as a result of the representation, whether in damages, as there were claims and cross-claims in the case, or in court-ordered attorney's fees. The client agreed, and they shook hands to confirm their oral agreement. Finally, the agreement authorized the lawyer to have full discretion to accept or reject any settlement offers without prior approval from the client, although no such offers occurred. The case proceeded through the discovery phase and went to trial. On the last day of the trial, before closing arguments, it appeared that the client might win a large verdict. The client became resentful about the prospect of sharing this with the lawyer, and fired the lawyer during a recess before closing arguments. The client returned to the courtroom alone, waived his right to closing argument, and still won a significant verdict. The client now refuses to pay the lawyer the contingent fee or even the hourly fees for the last day of trial, because the client claims the attorney performed incompetently that day. The attorney has threatened to sue the client to obtain the fees. Could the attorney be subject to discipline? a) Yes, because the lawyer made an agreement that removed the client from the decisions about accepting or rejecting settlement offers. b) Yes, because all contingent fee arrangements must be in writing, not merely oral agreements incorporated by reference. c) No, because the client terminated the representation before the lawyer could collect a contingent fee, which made the prior agreement irrelevant. d) No, because the written fee arrangement explicitly incorporated by reference the subsequent oral contingent fee agreement.

b) Yes, because all contingent fee arrangements must be in writing, not merely oral agreements incorporated by reference.

47. A court orders that a particular client should receive child support from her ex-husband. The client's ex-husband stopped making child support payments twelve months ago. The client hires an attorney to handle the enforcement of child support against the client's ex-husband. The attorney agrees to take the case on a contingency basis because the client cannot afford to hire an attorney since she has not been receiving child support from her ex-husband. The client also asks the attorney to pay her court costs, as she cannot afford those either. The attorney prepares a contract that states the attorney will only be paid for his representation if the client prevails on the enforcement motion, but that court costs will be reimbursed by the client within thirty days of the finalization of the case regardless of whether the client prevails. Is the attorney's conduct proper? a) Yes, because attorneys may represent clients, regardless of the type of case, on a contingency basis, as long as clients are required to reimburse the attorney for the actual expenses paid by the attorney for the client. b) Yes, because attorneys may accept cases on a contingency basis in domestic relations issues if the case is merely to enforce a prior order, and attorneys may pay for court costs for clients. c) No, because attorneys cannot advance funds to clients for any expenses, whether or not those expenses are related to the case. d) No, because contingency fees are specifically prohibited in any case involving domestic relations, including enforcement of prior orders.

b) Yes, because attorneys may accept cases on a contingency basis in domestic relations issues if the case is merely to enforce a prior order, and attorneys may pay for court costs for clients.

84. An attorney represented a client in an action for replevin. After the filing of the case, but before the court had sent any notices about the docket number, the attorney spoke to a clerk at the courthouse, and inquired whether the case had received an assignment yet to a judge. The clerk said it was still unassigned. The attorney then asked the clerk to mention to the Director of Judicial Administration, who was also the Chief Presiding Judge, that they should not assign the case to a particular judge, who was notorious for having a bias against parties like the attorney's client, and who had an extraordinarily high reversal rate from the appellate courts in replevin cases. The clerk said he would mention the conversation to the Director, which he did. The Director said she could not accommodate special requests from lawyers regarding case assignments, but when it came time to assign the case, she assigned the case to another judge merely to avoid another embarrassing reversal from the appellate courts. Was it improper for the attorney to ask the clerk to pass his concerns along to the Director? a) Yes, because he should have waited until the case was assigned before asking the administrator to reassign it to another judge. b) Yes, because during a proceeding a lawyer may not communicate ex parte with persons serving in an official capacity in the proceeding, such as judges, masters, or jurors, unless authorized to do soy law or court order. c) No, because the attorney did not actually speak ex parte with the judicial officer, but instead spoke with a front-counter clerk. d) No, because the case had not yet been assigned to any judge.

b) Yes, because during a proceeding a lawyer may not communicate ex parte with persons serving in an official capacity in the proceeding, such as judges, masters, or jurors, unless authorized to do soy law or court order.

100. A client asks an attorney to represent him in a complex taxation matter regarding the taxable earnings of an overseas corporate subsidiary that pays its American employees by direct deposits to bank accounts in the United States. All of the overseas subsidiary's sales occur in the United States, but all its products and supplies it purchases overseas, and half the employees are foreigners. A dispute with the IRS over the matter has been going on for several years. The attorney never took a tax course in law school and has no practice experience in the area. The attorney needs more client, so he agrees to take the case and to conduct the necessary study to provide adequate representation. The client agrees to those terms, and the attorney undertakes the representation. A few months later, due to a change in which political party controlled the White House, the IRS abruptly dropped the case against the client, so the client receives a satisfactory resolution to the matter. Would the attorney be subject to discipline for undertaking this representation? a) Yes, because another change in the political climate could put the client back into the same position as before. b) Yes, because expertise in a particular field of law is a requirement in circumstances where the nature of the matters are complex and specialized, and the lawyer has no training or experience in the field. c) No, because a lawyer can provide adequate representation in a wholly novel field through necessary study. d) No, because the client obtained a satisfactory resolution to the matter, so the attorney's competence, or lack thereof, did not harm the client in any way.

b) Yes, because expertise in a particular field of law is a requirement in circumstances where the nature of the matters are complex and specialized, and the lawyer has no training or experience in the field.

130. In anticipation of a round of settlement negotiations over a business partnership breakup, a client authorized his lawyer to disclose that the client was having personal financial troubles, but added that the lawyer should "leave it at that - don't elaborate too much." The lawyer was to attend the settlement conference without the client. At the settlement conference, when the other parties pressed the lawyer about why his client seemed so inflexible about a settlement amount for dissolving the partnership, the lawyer said that his client was having personal financial problems. Counsel for one of the other partners asked, "Like what? Perhaps the other partners could do something to help, and it would make it easier to resolve the partnership breakup." The lawyer then explained that everyone in the room must keep the following information completely confidential, and went on to explain that his client was on the verge of bankruptcy due to a gambling problem. He also explained, in a hushed tone, that the client had even assigned his equity share in the partnership to a business rival of the partnership in order to pay off a personal loan. The others were shocked, with a mixture of sympathy for their partner's gambling problem, and alarm at the implications of their main market rival owning a significant share of the existing partnership. One of the other attorneys, however, checked the terms of the original partnership agreement, and informed the rest that equity interests in the company were unassignable without a majority vote of the other partners, making the assignment legally void. Could the lawyer be subject to discipline for the disclosures he made at the settlement conference? a) Yes, because the lawyer asked the other lawyers to keep the information completely confidential, which would force them to violate their duty of loyalty to their own clients. b) Yes, because he went beyond what the client had authorized him to disclose, thus breaching his duty of confidentiality to the client. c) No, as the client impliedly authorized the disclosure before the settlement conference. d) No, because the disclosure was necessary to prevent, mitigate, or rectify substantial injury to the financial interests of the other partners.

b) Yes, because he went beyond what the client had authorized him to disclose, thus breaching his duty of confidentiality to the client.

69. A witness testified on a client's behalf at trial. That evening, when the attorney was reviewing exhibits and documents to prepare for the next day of trial, he noticed a document that completely negated the witness' testimony from earlier that day. The testimony was material evidence in the case. The witness left the jurisdiction after his testimony concluded, and he was no longer available to correct the false statements. The opposing party's lawyer waived his opportunity to cross-examine the witness, because the testimony was unfavorable to his side and he was eager to move on to a more favorable witness. Does the attorney have a duty to take remedial measures to correct the false testimony, such as disclosing the falsehood to the court? a) Yes, because no proper cross-examination occurred, which violated the other party's constitutional rights. b) Yes, because if a witness called by the lawyer has offered material evidence, and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. c) No, if a witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer has no duty to correct the information if the opposing counsel waived his right to cross-examination. d) No, because the lawyer did not realize at the time of the testimony that it was false, and therefore did not knowingly offer any false statements to the tribunal.

b) Yes, because if a witness called by the lawyer has offered material evidence, and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

64. Attorney Adams is a busy litigator, but she is also a single mother of two young children. She has to pick her children up from daycare every weekday by 4 p.m. As a result, whenever she is scheduling hearings, conferences, settlement negotiations, or trial dates, she simply refuses to schedule anything in the late afternoon, as that could easily run into the time when she must pick up her children. The result is that her cases tend to stretch out over a long period, as she is available for hearings, trials, and other litigation-related meetings only in the mornings and early afternoons, and otherwise must seek postponements. Could Attorney Adams be subject to sanctions for managing her schedule in this way? a) Yes, because it is always improper for an attorney to seek postponement for personal reasons, rather than the needs of the client or the court. b) Yes, because it is not proper for a lawyer to fail routinely to expedite litigation solely for the convenience of the advocates. c) No, because there are occasions when a lawyer may properly seek a postponement for personal reasons. d) No. because a failure to accommodate a lawyer who is a single mother regarding her childcare schedule would constitute a form of gender bias or even discrimination.

b) Yes, because it is not proper for a lawyer to fail routinely to expedite litigation solely for the convenience of the advocates.

76. An attorney located a witness who could corroborate his client's story. The witness, however, was afraid of retaliation from others if she testified, and did not want to be involved. The witness also lives 1,000 miles away and works as a waitress, so she cannot afford the travel expenses and lodging, and cannot afford to miss work, because she receives no wages if she does not work. The attorney offers to pay all the witness's expenses. The attorney then pays for airfare and pays to put the witness in one of the nicest hotels in the city, and pays for all of the witness's dining bills at expensive downtown restaurants. The witness reluctantly agrees. Was it proper for the attorney to offer to pay the expenses for a favorable witness to undergo the trouble of testifying at the trial? a) Yes, because expert witnesses routinely charge large sums to testify at trial, so it is proper for a non-expert to receive a modest amount of compensation, especially if she is fearful of adverse consequences from testifying. b) Yes, because it is proper to pay a witness's expenses, as long as the attorney does not offer to pay the witness an inducement to provide favorable testimony. c) No, because it is improper to pay an occurrence witness any fee for testifying. d) No, because it is proper to compensate a witness only if the lawyer will also compensate a witness for the opposing party.

b) Yes, because it is proper to pay a witness's expenses, as long as the attorney does not offer to pay the witness an inducement to provide favorable testimony.

102. A lawyer received a court appointment to represent an indigent criminal defendant in a complex case involving felony money laundering, counterfeiting, tax fraud, and other aspects of organized crime. The lawyer tried to refuse the appointment, explaining to the judge that she was handling too many other cases right then, and that she had never before handled a complex criminal case. The judge ignored her concerns and ordered her to take the case. The lawyer reluctantly took the case and did a minimal amount of work on it - no more than she would normally do for simple misdemeanor matter, apparently as a type of protest. Ultimately, the prosecutor needed her client to agree to testify against another more important member of the same criminal conspiracy, and offered her client a surprisingly favorable (lenient) plea deal. The client was very pleased with the outcome of the matter and grateful to the lawyer who represented him. Could the lawyer be subject to discipline, based on these facts? a) Yes, because she tried to refuse to accept a court appointment to represent an indigent defendant. b) Yes, because she did not act with reasonable diligence in representing the client. c) No, because the client obtained a favorable outcome and was satisfied with her representation. d) No, because the judge forced her to take a case after she raised a reasonable objection to accepting the appointment.

b) Yes, because she did not act with reasonable diligence in representing the client.

120. An attorney uses an outside billing service to track client billing and send bills to clients each month. The attorney keeps track of his time, and submits computerized reports by e-mail to the billing company at the end of each workday about how much time he spent on which tasks for which clients. The billing company calculates the monthly totals and sends detailed bills to clients on the attorney's behalf. The attorney found this outside billing company online, visited their website, downloaded their app, and used their online lawyer registration form to create an account with the company. At one point in setting up the account and downloading the app, the attorney had to click on an "I accept the terms and conditions" of a long user agreement the the attorney scrolled through quickly, without reading. Clients are not aware that the attorney uses an outside billing service until they receive their bills. Has the attorney violated his ethical duties to his clients? a) Yes, the lawyer must not outsource components of the representation, including billing, to non-lawyers. b) Yes, because submitting the client names, time worked, and tasks involved constitutes a disclosure of confidential information for which clients must provide informed consent beforehand. c) No, because a lawyer may outsource administrative tasks to non-lawyers for a reasonable fee. d) No, because a lawyer entitled to a fee is permitted to prove the services rendered in an action to collect it.

b) Yes, because submitting the client names, time worked, and tasks involved constitutes a disclosure of confidential information for which clients must provide informed consent beforehand.

A client hired an attorney to handle a transactional matter. The client, a billionaire, wants to devote several million dollars to philanthropy. There are several alternative ways to achieve the client's goals - incorporating a 501(c)3 charitable corporation, establishing a private foundation, creating or simply donating the money to an existing charity of some kind. Each alternative has different pros and cons regarding immediate tax benefits for the donor versus tax deductions for subsequent contributors, permissible activities for the charitable entity, donor control versus independence, eligibility for government grants, and administrative costs related to accounting and record keeping. The attorney does not discuss all of these details with the client, though, because the client said at the outset that he trusted his attorney's judgement, and the attorney believed the client would find the details tiresome and confusing. the attorney set up a private foundation for the client because this seemed to provide his client with the greatest immediate tax benefits and the highest degree of control in the long term. The downside was that the private foundation option involved burdensome paperwork and reporting to the IRS every year, imposed annual spend-down requirements, and limited the tax benefits for any other philanthropists who wanted to donate to the foundation later. The attorney believed the pros outweighed the cons in this case, but the client was unhappy because he wanted to start something that would grow and attract other wealthy philanthropists who might get involved, and the administrative costs drained some of the funds that the client had hoped would go directly to charitable causes. Could the attorney be subject to discipline for how he handled the matter? a) Yes, because the lawyer in this case is merely helping the client avoid his tax obligations on millions of dollars, and a lawyer should not assist a client in shrinking his fair share of taxes. b) Yes, because the Rules of Professional Conduct require a lawyer to consult with the client about the means to be used to accomplish the client's objectives. c) No, because the lawyer ordinarily will not be expected to describe transactional strategy in detail, according to the Rules of Professional Conduct. d) No, as long as the attorney was objectively correct that the pros outweighed the cons in this situation, based on his professional judgement and experience.

b) Yes, because the Rules of Professional Conduct require a lawyer to consult with the client about the means to be used to accomplish the client's objectives.

112. An attorney agreed to draft a will for a new client who wanted to leave his entire estate to his children, but wanted to disinherit his estranged wife entirely. The will stated that the entire estate would pass to the children. After the client died, the wife claimed her statutory share, which in that jurisdiction was 50 percent of the estate, in spite of the instructions in the will. It should have been foreseeable to the attorney at the time of drafting that the will would not be sufficient to overcome the wife's claim to her statutory share, but he did not explain this to the client or recommend measures to circumvent the problem. Could the frustrated children have a viable claim against the attorney for legal malpractice? a) Yes, because the heirs under a will always have privity to sue the lawyer who drafted the will. b) Yes, because the client's intention was clear on the face of the will, and the lawyer therefore could be liable to the heirs even though they are not clients. c) No, as there is no client-lawyer relationship between the attorney and the children. d) No, because the lawyer did not violate any ethical or fiduciary duty in this case.

b) Yes, because the client's intention was clear on the face of the will, and the lawyer therefore could be liable to the heirs even though they are not clients.

148. A firm specializing in sports law represented several professional athletes as clients. The state disciplinary authorities suspended and eventually disbarred one of the associates at the firm, but the disciplinary action did not implicate the rest of the firm (the lawyer's misconduct had occurred completely outside the scope of his duties there). The firm retained the disbarred lawyer as a sports agent for some of the athletes who were clients of the firm. The disbarred lawyer would draft contracts for the athletes and negotiate deals for the firm's clients with their sports teams or with companies seeking the athlete's product endorsement. Could the partners at the firm be subject to discipline for facilitating the disbarred lawyer in the unauthorized practice of law? a) Yes, because a firm may never have any business dealings with a disbarred attorney. b) Yes, because the disbarred lawyer is engaging in the unauthorized practice of law by drafting and negotiating contracts for the firm's clients. c) No, because the firm is not representing that the disbarred lawyer is an attorney and the agent does not have his own clients. d) No, because the disbarred attorney is working under the supervision of licensed attorneys.

b) Yes, because the disbarred lawyer is engaging in the unauthorized practice of law by drafting and negotiating contracts for the firm's clients.

127. An attorney represented a client, who was a defendant in a criminal prosecution. The client's trail ended in a conviction and a life sentence. After all possible appeals were complete, the attorney's representation of the client ended. The attorney sent the client a letter, which the client received in prison, explaining that his representation was now ending and providing a detailed accounting of all billing matters. No outstanding bills remained. Several years later, the attorney met with some former law school classmates at an alumni event, and they swapped stories over drinks about some of their cases over the years. The attorney mentioned the client, but only by first name, and explained how the guilty verdict felt like a failure on his part even though he knew the client was guilty because the client's friends and family members had all witnessed the crime and told the attorney privately what they had seen. Could the attorney be subject to discipline for disclosing confidential client information? a) Yes, because the information the attorney disclosed did not come from the client, but from friends and family members who had betrayed the client by telling the attorney that they saw the client commit the crime. b) Yes, because the duty of confidentiality continues after the client-lawyer relationship has terminated. c) No, because the defendant was no longer his client, as the representation had ended several years before. d) No, because the client is already serving a life sentence for the crime in question, so the disclosure could not possibly be prejudicial to the client.

b) Yes, because the duty of confidentiality continues after the client-lawyer relationship has terminated.

81. During a trial, the judge overruled an objection by one of the attorneys. The attorney felt that the judge had made a fundamental error and had ignored a clear provision of the official Rules of Evidence. Court adjourned for the day a few minutes later, and the judge retreated to his chambers. The attorney approached the judge's clerk, who was still in the courtroom, and gave him a handwritten note, folded into a square, to pass along to the judge. The clerk gave the note to the judge. The note thanked the judge for recently inviting the attorney to the judge's home, along with sixty other people from the legal community, for a holiday party. It also said that the judge had made a mistake ruling on the attorney's objection that day, and referred the judge to the relevant provision of the Rules of Evidence. Could the attorney be subject to discipline for his actions? a) Yes, because the lawyer was mixing personal matters with his representation of a client. b) Yes, because the lawyer communicated ex parte with a judge during the proceeding, without being authorized to do so by law or court order. c) No, Because the note did not directly ask the judge to take a position on the merits of the case. d) No, because the lawyer did not speak to the judge directly, but instead gave a note to the clerk, who is not a judicial officer.

b) Yes, because the lawyer communicated ex party with a judge during the proceeding, without being authorized to do so by law or court order.

116. A client intends to purchase a parcel of real estate, and retained an attorney to analyze the seller's title to the property. The attorney requests information from the seller's title to the property. The attorney requests information from the seller regarding the seller's original acquisition of the property, and obtains additional information from the local tax assessors and title registry. The attorney concludes that the seller does not have clear title to the property, and informs the seller of this opinion when the seller asks him about it. The seller forbids the attorney to disclose the information to the prospective purchaser of the property and insists that he showed the attorney his documents about the original acquisition of the parcel with the understanding that the attorney would not say anything unfavorable. May the attorney inform the prospective purchaser of his opinion about the title? a) Yes, because remaining silent or withdrawing from representation at this point would make it easier for the seller to perpetrate a fraud on the purchaser. b) Yes, because the seller does not have a client-lawyer relationship with the attorney. c) No, because the attorney is bound by the duty of confidentiality to keep the information private. d) No, because the seller did not provide informed consent.

b) Yes, because the seller does not have a client-lawyer relationship with the attorney.

151. Attorney has a firm in a state in which the attorney lacks a license to practice law. Attorney's legal work, however, consists entirely of representing local inventors before the United States Patent and Trademark Office in Washington, D.C., either by correspondence or by traveling to appear there in patent proceedings. A relevant federal statute states that non-lawyers may represent patent applicants before the USPTO. The attorney does no other legal work for clients - if clients need representation for family law matters, employment maters, incorporating business, or personal injury suits, Attorney refers them to outside counsel. All of Attorney's clients, however, are located in the state where the firm has its office, and Attorney is unlicensed there. Is Attorney subject to discipline? a) Yes, because Attorney is regularly engaged in the unauthorized practice of law in that state. b) Yes, because all of the clients reside in a state where Attorney is unlicensed. c) No, because Attorney is providing services authorized by federal law, which preempts state licensing requirements. d) No, because Attorney has specialized in a single area of law, and refers all other matters to outside counsel.

c) No, because Attorney is providing services authorized by federal law, which preempts state licensing requirements.

113. A client wants to sell a parcel of commercial real estate, and he hired an attorney to represent him in the matter. As part of the representation, the client asked his attorney to prepare a thoroughly researched opinion memorandum concerning the title of the property, for the information of a prospective purchaser and the purchaser's prospective lender. The attorney gave the title opinion to the client, who gave it to the prospective purchaser, who in turn submitted it to the prospective lender. The prospective lender received and reviewed the attorney's title opinion, but was not aware that the lawyer who prepared the title opinion represented the seller of the property rather than the buyer. Could the attorney be subject to discipline for failing to disclose explicitly in the memorandum what party he represents and that he has a duty of loyalty and confidentiality to the seller? a) Yes, because when a lawyer knows that third parties may rely on his written legal opinions, he has a diminished duty of loyalty or confidentiality to the original client. b) Yes, because the title opinion should identify the person by whom the lawyer is retained, and should make this clear not only to the client under examination, but also to others to whom the results are to be made available. c) No, because the lawyer's duty of loyalty, confidentiality, and candor runs only to the client who retained the lawyer. d) No, because everyone in a commercial real estate transaction presumes that title opinion letters from lawyers represent the best interest of the seller of the property.

b) Yes, because the title opinion should identify the person by whom the lawyer is retained, and should make this clear not only to the client under examination, but also to others to whom the results are to be made available.

117. An attorney represents a client, who wants to sell his business. A prospective purchaser has required from the client an evaluation of the business' solvency, detailing its current liabilities, potential liabilities, revenue, and assets. The client provides the attorney with documents pertaining to each of these issues, and explains to the attorney in confidence that he has often understated the earnings of the business in order to avoid paying taxes on the business profits. Now he is concerned that the prospective purchaser will undervalue the profitability of the business and refuse to pay an appropriate price to purchase it. He asks the attorney to adjust the earnings figures upward by 25 percent, the same amount by which the client falsely lowered them in the corporate records, in order to portray the business accurately to the potential purchaser. The attorney finds this objectionable and prepares a report based on what the records actually say regarding the earnings, and gives the evaluation directly to the purchaser. When the client learns about this, he explains to the prospective purchaser over the phone what happened. Despite the low reported earnings, the purchaser pays the client's asking price for the business, because of the client's truthful representations over the phone. Could the attorney be subject to discipline for his conduct in this matter? a) Yes, because even with the client's truthful disclosures about the earnings, the report does not account for the fact that the profits appear different than they would be if the business had paid its taxes. b) Yes, because under no circumstances is the lawyer permitted to knowingly make a false statement of material fact or law in providing an evaluation to a third party. c) No, because the lawyer's evaluation accurately represented the earnings reported in the corporate records. d) No, because the client's phone conversation with the purchaser ensured that the purchaser was not relying on false information when he made his decision.

b) Yes, because under no circumstances is the lawyer permitted to knowingly make a false statement of material fact or law in providing an evaluation to a third party.

45. An attorney represents a client in a guardianship proceeding. The client is an adult with Down syndrome and has an IQ far below average, in the "mental retardation" range of the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV). The client's family is trying to have the client institutionalized involuntarily, and the client is fighting this, wanting instead to live semi-independently in a group home. With the help of a social worker, the client has hired the attorney to defend him against the legal proceedings to have the client institutionalized permanently. Having researched this type of case, the attorney knows that case precedents give the client a small chance of prevailing in regular state court, but a good chance of prevailing if the attorney can change the venue to family court or probate court. The attorney has not discussed with the client his decision to seek a change of venue that would be more favorable to the client under that jurisdiction's recent appellate decisions. Switching venue, however, will mean traveling much further (more than an hour) to the proceedings. Is it proper for the attorney to leave the client out of this decision entirely? a) Yes, as long as the attorney explains to the client that the probate or family court is much farther away. b) Yes, fully informing the client according to the usual ethical standards may be impracticable, because the client suffers from diminished capacity. c) No, because a lawyer should always provide information that is appropriate for a client who is a comprehending and responsible adult. d) No, because the attorney should defer to the client's parents, given that the client has diminished capacity.

b) Yes, fully informing the client according to the usual ethical standards may be impracticable, because the client suffers from diminished capacity.

An attorney worked for several years for a federal government agency in regulatory enforcement. Big Firm then hired the attorney for a substantially higher salary, and the attorney accepted the position and left her government position. One of the attorney's first assigned cases at Big Firm was a new action by the client against Conglomerate Corporation. The attorney had worked on an enforcement against Conglomerate Corporation and learned confidential government information about the entity during the litigation, but the attorney does not know, and has no reason to know, that the information is confidential government information. The attorney is under the reasonable impression that all the information she learned about Conglomerate Corporation is now public information. The government agency gave its informed consent, confirmed in writing, to the representation. Is the attorney nevertheless subject to disqualification in the client's matter against the attorney's former employer? a) Yes, the attorney has confidential government information about a person acquired while working for the government agency, and therefore may not represent a private client whose interests are adverse to that person in a matter in which the information could be used to the material disadvantage of that person. b) No, because the appropriate government agency gave its informed consent, confirmed in writing, to the representation. c) No, because the attorney does not have confidential government information about Conglomerate that she knows is confidential government information. d) Yes, because the attorney did not previously represent the client to Conglomerate Corporation, so there is no attorney-client privilege or conflict of loyalties here between two clients that the attorney is representing or has represented.

c) No, because the attorney does not have confidential government information about Conglomerate that she knows is confidential government information.

71. An attorney represented a client in her divorce and custody case. The client's husband had been abusive, so she asked the attorney to obtain a temporary restraining order against her ex-husband. The application for the temporary restraining order is an ex party proceeding, so opposing counsel is not present. The attorney knows that the ex-husband has not been physically abusive to the client in over two years, and that he has been faithfully attending an anger-management support group during that time that appears to have produced genuine results. At the same time, the client is fearful that the ongoing custody battle will push her ex-husband over the edge, and that the abuse she endured in the past will resume. At the hearing for the temporary restraining order application, does the attorney have an affirmative duty to disclose the length of time since the last abuse occurred and the ex-husband's faithful participation in an anger management program? a) Yes, but only if the judge asks the attorney if there are any countervailing facts or considerations in the matter. b) Yes, in an ex party proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse. c) No, in an ex parte proceeding, a lawyer has no affirmative duty to inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, if the fact are adverse. d) No, because disclosing those facts would violate the lawyer's duty of loyalty to his own client, because the client feels fearful and requested the restraining order.

b) Yes, in an ex party proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.

Attorney represented Husband twenty years ago in a divorce with Husband's first wife. Husband is a well-known local celebrity, a retired professional athlete who became a semi-successful actor and an outspoken advocate of a radical political cause. Recently, Husband's third wife approached Attorney asking him to represent her in obtaining a divorce from Husband. There are no children from the marriage - their children from previous marriages are now adults - and the distribution of assets will follow the terms of a carefully drafted prenuptial agreement between Husband and his third wife, which Husband's new lawyer drafted for them. Husband long ago provided written informed consent for future conflicts of interest if Attorney represented another party with adverse interests to Husband. Attorney does not believe that any confidential information learned from representing Husband twenty years ago in his first divorce will be relevant to the pending third divorce. On the other hand, there is regular media coverage of Husband's trysts and on-and-off sexual relationships with various actresses and female socialites in the area, and marital infidelity could trigger certain exception clauses in the prenuptial agreement. Can Attorney use the information about Husband's recent indiscretions in representing the third wife? a) Yes, a long as the Husband's new lawyer provides written informed consent to the use of the information in the divorce proceeding. b) Yes, the fact that a lawyer has once served a client does not preclude the lawyer from using generally known information about the client when later representing another client. c) No, not if Attorney learned confidential information about Husband having a pattern of marital infidelity during his prior representation of Husband. d) No, the fact that there is a prenuptial agreement with exceptions triggered by marital infidelity should preclude Attorney from using such information.

b) Yes, the fact that a lawyer has once served a client does not preclude the lawyer from using generally known information about the client when later representing another client.

87. A lawyer is representing the defendant in a highly publicized criminal trial. On his way into the courthouse on the day of jury selection, reporters gather around the lawyer hoping for comments. The lawyer explains that the prosecutor already held a press conference in which she shared that the defendant had refused to take a polygraph test, that DNA tests had confirmed the defendant's guilt, and that the defendant had refused several offers of guilty pleas. To set the record straight before trial, the defense lawyer explains that his client had actually agreed to take a polygraph test but that none had occurred. He adds that defense experts would testify about problems with the DNA tests, and that the plea offers had all ben the same (a life sentence instead of the death penalty) and were unacceptable to the client. Were the defense lawyer's statements proper? a) Yes, because the First Amendment and Sixth Amendment protect a defendant's right to defend himself publicly through his attorney against false accusations. b) Yes, when prejudicial statements have been publicly made by others, responsive statements may have the salutary effect of lessening any resulting adverse impact on the adjudicative proceeding. c) No, because there is a presumption of prejudicial effect on the proceedings when a lawyer comments publicly about the possibility of a guilty plea, or a party's refusal to confess to a crime. d) No, because there is a presumption of prejudicial effect on the proceedings when a lawyer comments publicly about the performance or results of any examination or test or the refusal or failure of a person to submit to an examination test.

b) Yes, when prejudicial statements have been publicly made by others, responsive statements may have the salutary effect of lessening any resulting adverse impact on the adjudicative proceeding.

Attorney began her career as a prosecutor at the District Attorney's Office. During her tenure as a prosecutor, she brought charges against an individual suspected of sending ricin, a deadly toxin, in an envelope to a prominent politician, apparently in an unsuccessful attempt to assassinate the public official. The jury found the evidence too attenuated, and acquitted the defendant. Shortly thereafter, another person, who was a member of a terrorist organization, confessed to sending the ricin and provided extensive evidence of his plot to kill the politician to make a political statement. Attorney resigned from the District Attorney's Office partly out of humiliation over this case, and went into private practice. Eighteen months later, the accused individual decides to sue the government over wrongful arrest, slander, libel, and wrongful prosecution over the case in which he obtained an acquittal. Attorney feels that her superiors at the D.A.'s Office had pressured her to press charges in order to satisfy the public uproar over the ricin letters, despite having scanty evidence that the accused individual was actually guilty. Attorney offers to represent the accused individual in his lawsuit against the government, partly to make amends or atone for her role in what she now views as an abuse of government power and a great injustice. Would it be proper for Attorney to handle this case, given her good intentions? a) Yes, because the test for determining if an improper conflict of interest exists between former clients and a new client is the lawyer's subjective motivations in undertaking the new representation, and in this instance, Attorney is merely trying to make amends for her past mistakes. b) Yes, because Attorney has a duty to repudiate her previous wrongful actions, and her representation of the individual will send a strong message to other prosecutors, which in turn serves the public interest. c) No, a lawyer who has prosecuted an accused person could not properly represent the accused in a subsequent civil action against the government concerning the same transaction. d) No, because a prosecutor cannot ethically "switch sides" and start representing criminal defendants in public practice, regardless of whether the same individuals are involved as clients.

c) No, a lawyer who has prosecuted an accused person could not properly represent the accused in a subsequent civil action against the government concerning the same transaction.

An attorney spent several years working for the State Office of the Attorney General in its environmental litigation division. While there, the attorney began a case against a scrap metal facility for burying toxic materials on its grounds. The attorney then left government service and went to work for Big Firm. There, the attorney began representing a group of neighboring landowners in a lawsuit against the same scrap metal facility over the same burying of toxic materials, as it had polluted the groundwater and had migrated to adjacent properties underground. Is it proper for the attorney to represent these plaintiffs? a) Yes, as long as the new clients provide written informed consent. b) Yes, because the new clients' interests match those of the attorney's government employer, and there is no indication of adverse interests being present between them. c) No, a lawyer who has pursued a claim on behalf of the government may not pursue the same claim on behalf of a later private client after the lawyer has left government service, except when authorized to do so by the government agency. d) No, because the attorney is using the prestige of having worked in government service to attract new clients, which creates a conflict between the attorney's self-interest and the public interest represented by the government agency.

c) No, a lawyer who has pursued a claim on behalf of the government may not pursue the same claim on behalf of a later private client after the lawyer has left government service, except when authorized to do so by the government agency.

An attorney, who often serves as a court-appointed mediator, was appointed to mediate the divorce case between a husband and wife. The case settled in mediation and the divorce was finalized soon after. A year later, the husband sought to retain the attorney to represent him in a modification suit against his wife. The attorney accepted. the case and sent a letter to the wive advising her that the attorney had been retained by the former husband to represent him in a modification suit. Are the attorney's actions proper? a) Yes, the attorney who previously served as a third-party neutral may represent any party in a suit connected to the previous matter if the attorney provides proper notice to the other party in writing. b) Yes, an attorney who previously served as a third-party neutral may represent any party in a suit connected to the previous matter if the previous case occurred more than one year before the third-party neutral began representation of one of the parties. c) No, an attorney who previously served as a third-party neutral is required to obtain informed consent, confirmed in writing, from all parties to the proceeding prior to representing a party in a suit connected to the previous matter. d) No, an attorney who previously served as a third-party neutral shall not represent any party in a suit connected to the previous matter.

c) No, an attorney who previously served as a third-party neutral is required to obtain informed consent, confirmed in writing, from all parties to the proceeding prior to representing a party in a suit connected to the previous matter.

Years ago, as a law student, the attorney worked on a case for the client during a law firm internship. Now, the attorney's firm is representing a defendant in a lawsuit in which the client is the plaintiff. The client's new lawyer moves to disqualify the attorney's firm from the representation when it learns that the attorney worked for another firm on behalf of the client when the attorney was still a law student. Is the attorney's firm subject to disqualification in this case? a) Yes, because when lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so. b) Yes, unless both parties provided written informed consent and waived the conflict of interest at the beginning of representation. c) No, as long as the firm screens the attorney from any personal participation in the matter to avoid communication to others in the firm of confidential information that both the non-lawyers and the firm have a legal duty to protect. d) No, because the attorney was not yet a lawyer during the law student internship, and therefore did not actually provide legal representation for the client in the previous matter.

c) No, as long as the firm screens the attorney from any personal participation in the matter to avoid communication to others in the firm of confidential information that both the non-lawyers and the firm have a legal duty to protect.

A legal secretary in a law firm is married to the owner of an independent retail-clothing store. The firm undertakes representation of a clothing wholesaler, who is suing the same independent clothing store over nonpayment for shipments of merchandise. The legal secretary's husband hires another firm to represent his store in the lawsuit, and his lawyer asks the court to disqualify the legal secretary's firm because of her position there. Should the firm be subject to disqualification? a) Yes, because the conflict of interest is too great where the defendant's spouse works for opposing counsel's firm. b) Yes, because the lawsuit involves nonpayment for a shipment of merchandise, and the legal secretary indirectly benefited from her husband keeping these unpaid funds. c) No, as long as the firm screens the legal secretary from any involvement in the case or from access to any confidential information about the case. d) No, because the legal secretary is not a lawyer, so the Rules of Professional Conduct do not apply to her personal conflicts of interest.

c) No, as long as the firm screens the legal secretary from any involvement in the case or from access to any confidential information about the case.

146. An attorney in a state that has adopted the Model Rules in their current form enters into a fee-sharing agreement with a lawyer admitted in Washington, D.C., which permits fee sharing with non-lawyers and multidisciplinary practices. They collaborate on a case and divide the fees as agreed. The attorney from the Model Rules state is aware that the other attorney will share part of the fees with non-lawyers in the D.C. office; in fact, the D.C. lawyer's firm has accountants who hold an ownership share in that firm. Is the non-D.C. attorney subject to discipline for indirectly sharing legal fees with non-lawyers, given that he practices in a state that forbids fee sharing with non-lawyers? a) Yes, the attorneys have a duty to uphold the rules in their own jurisdiction, and given that the attorney knows that the other lawyer will share some of the fees with non-lawyers, he has violated the rule in his own state. b) Yes, but only because the lawyer had actual knowledge of the fee-sharing agreement. c) No, as long as the first attorney shares fees only with another attorney, it does not matter if the other attorney shares fees with non-lawyers as permitted by his home jurisdiction. d) No, because the rule in the attorney's own state, prohibiting fee sharing with non-lawyers, is unconstitutional, according to the Supreme Court.

c) No, as long as the first attorney shares fees only with another attorney, it does not matter if the other attorney shares fees with non-lawyers as permitted by his home jurisdiction.

97. The Supreme Court in a state adopted a new rule that doubled the number of continuing legal education hours each lawyer must complete every year in order to maintain a license to practice law in the state. The fifty-hour annual CLE requirement was the highest of any state in the nation. A legal aid lawyer challenged the new rule on constitutional grounds, claiming that it was unduly burdensome to poverty lawyers, given the high cost of the CLE courses, and therefore could leave more poor citizens without representation. Is the legal aid lawyer likely to prevail in this challenge? a) Yes, because heavy CLE requirements create an undue burden on poverty lawyers, which violates the Equal Protection Clause of the Constitution. b) Yes, because forcing lawyers to attend classes on subjects that may not pertain to their area of practice, and which may espouse views that they find politically objectionable, violates the First Amendment of the Constitution. c) No, as state courts have inherent authority to impose reasonable regulations on the lawyers practicing in their jurisdiction. d) No, because the state courts have absolute authority to impose any requirements they want on lawyers in their state.

c) No, as state courts have inherent authority to impose reasonable regulations on the lawyers practicing in their jurisdiction.

110. A client retained an attorney to represent him in a car accident case. The client sought to recover $5,000 for damage to his vehicle and a few medical expenses the client incurred because of the accident. The attorney failed to timely file a lawsuit for the client before the statute of limitations ran. After realizing that the suit was barred because the attorney failed to timely file, the attorney sent the client a letter with a check for $20,000 and an agreement for the client to sign and return. The agreement stated that keeping the $20,000 check constituted acceptance of the agreement and that acceptance of the agreement included releasing the attorney for any malpractice claims against the attorney. Is the attorney's conduct proper? a) Yes, attorneys can settle claims or potential claims for malpractice as long as the settlement amount is reasonable. b) Yes, attorneys can settle claims or potential claims for malpractice as long as the agreement terms are provided to the client in writing and the settlement amount is reasonable in relation to what the client would expect to receive. c) No, attorneys must advise the client of the importance of obtaining advice of independent counsel and provide reasonable time for the client to obtain such counsel prior to settling a claim or potential claim for malpractice. d) No, attorneys cannot settle claims or potential claims for malpractice with clients.

c) No, attorneys must advise the client of the importance of obtaining advice of independent counsel and provide reasonable time for the client to obtain such counsel prior to settling a claim or potential claim for malpractice.

62. An attorney is a criminal defense lawyer. The court has appointed him to represent a defendant who has already given a full confession of the burglary to the police, after receiving proper MIRANDA warnings, and the prosecution has several witnesses who either saw the crime or heard the defendant discussing his plans to commit the crime beforehand. The police properly obtained all necessary warrants during their investigation and arrest, and the defendant's actions clearly meet the elements in the statute. The lawyer explains to the defendant that he has almost zero chance of an acquittal, given the evidence against him and the fact that the Supreme Court has repeatedly upheld the penal code provision that furnished the basis of the changes in the case. In fact, the attorney cannot imagine any viable defense to raise at trial. Does the attorney have an obligation to ask the court for permission to withdraw from the representation? a) Yes, because if an attorney is already that fatalistic about the outcome of the trial, he will not be able to provide the diligent, zealous advocacy that every defendant deserves. b) Yes, because the defense is frivolous if the lawyer is unable either to make a good-faith argument for an extension, modification, or reversal of existing law. c) No, because a lawyer for the defendant in a criminal proceeding may nevertheless so defend the proceeding as to require that every element of the case be established. d) No, because the court appointed the lawyer to represent the defendant, so it would be futile to petition the same judge for permission to withdraw from the case.

c) No, because a lawyer for the defendant in a criminal proceeding may nevertheless so defend the proceeding as to require that every element of the case be established.

63. An associate attorney works at a law firm. The supervising lawyer, who is a partner at the law firm, directs the associate attorney to prepare a petition for a civil case. The associate attorney contacts the client and discusses the facts of the case. During the conversation, the associate attorney realizes that the suit he was directed to file is frivolous and there are no facts to support the claim. The associate attorney discusses his concerns with his supervisor, and the supervising lawyer directs the associate attorney to file the suit, explaining that it will probably settle prior to trial. Following the supervisor's direction, the associate attorney files the suit. Are the associate attorney's actions proper, given that he was merely following orders? a) Yes, because when a lawyer is directed to file a suit by a partner at the firm for which he works, full responsibility for the filing lies with the partner. b) Yes, because a lawyer who makes efforts to discourage a partner of a firm from having a frivolous suit filed is relieved of his responsibility and the responsibility lies with the partner of the firm. c) No, because a lawyer is responsible for any violations, including the filing of frivolous suits, even if directed fo file such suit by a partner of the firm at which the lawyer works. d) No, because a lawyer who is directed to file a frivolous suit must refuse to file the suit and also should report the partner who directed him to file such suit to the court in which the case would be filed.

c) No, because a lawyer is responsible for any violations, including the filing of frivolous suits, even if directed fo file such suit by a partner of the firm at which the lawyer works.

124. An attorney represents a client before an Administrative Law judge in a regulatory enforcement matter. The Administrative Law judge orders the attorney to disclose whether the client was informed by counsel about the regulatory requirements in question before the violation occurred. The client forbids the attorney to answer the question. The attorney initially objects, but the Administrative Law judge insists. Could the attorney be subject to discipline for disclosing such confidential client information to the Administrative Law judge? a) Yes, because an Administrative Law judge is not a court or tribunal for purposes of the exceptions to the confidentiality rules that might permit disclosures in response to a court order. b) Yes, because a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent. c) No, because a lawyer may comply with an order to reveal information relating to the representation of a client by a court or by another tribunal or government entity claiming authority pursuant to other law to compel the disclosure. d) No, because the information relates only to what the lawyer told the client, not to what the client told the lawyer, so the duty of confidentiality does not apply.

c) No, because a lawyer may comply with an order to reveal information relating to the representation of a client by a court or by another tribunal or government entity claiming authority pursuant to other law to compel the disclosure.

Mrs. Kramer met with a lawyer to discuss a physical assault by her estranged husband, who had broken into the house of Mrs. Kramer's friend, where Mrs. Kramer was now living to avoid contact with her husband, and had assaulted her, leaving minor injuries and damaging some of her personal property. The lawyer agreed to represent her in seeking a restraining order against her estranged husband. The next day, upon hearing about this meeting, the estranged husband appeared in the lawyer's office, also seeking representation in the same matter. Mr. Kramer expressed his desire for reconciliation and asked the lawyer to represent hi in mediation with his estranged wife, and to defend him at the restraining order hearing. The lawyer accepted a retainer fee from Mr. Kramer and agreed to represent him, just as he had done with Mrs. Kramer. Both the husband and wife were aware that the same lawyer represented them and proceeded with scheduling a hearing and mediation meetings, but neither signed paperwork actually consenting to the joint representation. Mrs. Kramer is unhappy that the husband hired her lawyer, but she feels she cannot do anything about it. What sanction could the lawyer face because of this dual representation? a) The lawyer is not subject to any sanction because both parties verbally consented to the representation. b) The lawyer is subject to disqualification by the court from representing one or the other client, but can the proceed with representing the other, whichever one the court allows. c) The lawyer is subject to discipline, but only because he did not obtain written consent from both parties to the dual representation. d) The lawyer is subject to both discipline and to disqualification for violating the Model Rules, as the parties are directly adverse in the same proceeding.

d) The lawyer is subject to both discipline and to disqualification for violating the Model Rules, as the parties are directly adverse in the same proceeding.

123. An attorney is representing a client who is a notorious celebrity-turned-criminal. The attorney is confused about whether he may publicly disclose information that he learned in confidence from his client if the information is already a matter of public record, and his research indicates there is a split of authority on this question. The attorney calls another lawyer who specializes in lawyer malpractice and lawyer disciplinary matters to seek advice about what course of action would comply with the Rules of Professional Conduct. The other lawyer, an expert in legal ethics, agrees to provide an opinion and to keep the conversation a secret. The attorney tries to use a hypothetical to explain the problem, but given the client's national reputation and celebrity status, the other lawyer knows immediately who the client is, and can easily surmise the nature of the confidential information. Is the attorney subject to discipline for disclosing confidential information about his client? a) Yes, because the attorney used a hypothetical that was obvious enough that the other lawyer immediately knew the identity of the client and the client's information that the attorney was supposed to protect. b) Yes, because a lawyer's confidentiality obligations generally preclude a lawyer from securing confidential legal advice about the lawyer's personal responsibility to comply with the rules. c) No, because a lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to secure legal advice about the lawyer's compliance with the Rules of Professional Conduct, even where the lawyer lacks implied authorization to make the disclosures. d) No, because a lawyer may generally disclose confidential information to another lawyer as long as the other lawyer promises to keep the conversation secret, and the other lawyer has a reputation for complying with the ethical rules.

c) No, because a lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to secure legal advice about the lawyer's compliance with the Rules of Professional Conduct, even where the lawyer lacks implied authorization to make the disclosures.

89. An attorney represented a newspaper publisher in a defamation case brought by a popular actor. A radio talk show invited the attorney to participate in their afternoon program and respond to calls from the radio listeners. The first caller asked the attorney to explain the case involving the superhero that the popular actor had played in a recent film. The attorney explained that the actor (using the actor's legal name as it appeared in the pleadings, rather than his stage name or the character for which the actor was most famous), and the legal name of the publisher the attorney represented. He also explained that the lawsuit was over alleged defamation by the newspaper, and that the newspaper planned to raise an affirmative defense of truth, that is, it would attempt to show that the stories it printed about the actor were factually accurate, even if they were unflattering. The attorney also mentioned that the actor owns a home and a business in the state, which is a matter of public record, and this is why the case is in the courts in that state. Did the attorney violate the Rules of Professional Conduct by making these statements on a radio talk show program? a) Yes, because a lawyer who is participating or has participated in litigation shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication. b) Yes, because he explained that his side would assert the truth of the unflattering stories it published, which could prejudice the upcoming proceedings, and revealed where the actor lives. c) No, because a lawyerly state the claim, the defense involved, the identity of the persons involved, and matters in the public record. d) No, because a lawyer has a right to explain his client's side of the story and defend his client in public when the client has been subjected to the stigma of a lawsuit.

c) No, because a lawyerly state the claim, the defense involved, the identity of the persons involved, and matters in the public record.

An attorney was a state hearing officer for the Workers Compensation Board. The attorney left that position and opened his own law firm, primarily representing parties before the state Workers Compensation Board. One of the cases is the final rehearing of a case in which the attorney had presided as hearing officer at an initial preliminary hearing and ruled on preliminary matters, but the attorney left the Board without issuing any final decision in the case and the Board transferred the matter to another hearing officer. The attorney represents the injured worker, the client, and the employer is Manufacturer. All the parties involved give informed consent, confirmed in writing, for the attorney to represent the client. Is the attorney subject to discipline for representing the client in the matter? a) Yes, because a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer. b) Yes, because the type of conflict of interest described here is non-consentable, so it is irrelevant that all the parties provided informed written consent. c) No, because all the parties involved provided informed written consent to the representation, despite the obvious conflicts of interest at stake. d) No, the conflict-of-interest rules do to apply to merely administrative hearing officers who are not actual judges, arbitrators, or mediators.

c) No, because all the parties involved provided informed written consent to the representation, despite the obvious conflicts of interest at stake.

60. A client asked an attorney to represent him in a lawsuit. The attorney conducts some preliminary research and quickly discovers that the lawsuit is a very long shot. In fact, based on the attorney's survey of the existing judicial decisions in very similar cases, the attorney estimates that they have only a 15 percent chance of winning., and it will depend on an extraordinarily lopsided jury, a strongly partisan judge whose political leanings go in their favor, as well as a mediocre lawyer representing the other side. Otherwise, all things being equal, the attorney advises the client that he is about 85 percent certain that they will not prevail. The client is willing to take risks, however, and urges the attorney to take the matter. The attorney reluctantly agrees, on the condition that he can charge a somewhat higher fee than usual, and files the lawsuit. Could the attorney be subject to discipline for bringing a frivolous claim? a) Yes, because the attorney knows from his research that the claim is very unlikely to prevail, and is therefore wasting the court's time. b) Yes, because he should not have charged a higher fee in a case where the client is already facing unfavorable odds of winning, as this puts the client into an even worse position. c) No, because an action is not frivolous even though the lawyer believes that the client's position ultimately will not prevail. d) No, because the client should control the overall objectives of the representation, even if the lawyer controls the specific strategies, methods, and tactics.

c) No, because an action is not frivolous even though the lawyer believes that the client's position ultimately will not prevail.

On the same day, an attorney agrees to represent an undocumented immigrant in a visa-revocation matter, as well as the victim in a tort action (product defect) against an automobile manufacturer. The two matters are unrelated. In the second case, the attorney anticipates that the defendant automobile manufacturer will argue that extensive federal safety regulations of automobiles, which require certain safety features and specifications, should preempt state tort law and therefore prevent a state court from adjudicating the case. On the other hand, many undocumented immigrants have relied upon federal preemption of state law in challenging onerous state penal statutes targeted at illegal immigrants. If the attorney prevails in his preemption argument in the vehicle manufacturing defect case, and on appeal creates precedent against federal preemption of state law, the precedent would probably be unfavorable to the attorney's other client, the undocumented immigrant. The state legislature has several bills pending that would impose criminal sanctions on landlords who lease apartments to undocumented aliens, drivers who transport undocumented aliens to work sites, and contractors who hire subcontractors who employ undocumented aliens. Does the fact that advocating a legal position on behalf of the one client might create precedent adverse to the interests of the other client create a conflict of interest, for which the lawyer must obtain consent from each client? a) Yes, it creates a conflict of interest, but this type of conflict is non-consentable because it involves questions of law, so the clients cannot consent to it and the attorney cannot represent both. b) Yes, but given that the matters are unrelated and that it is uncertain that the lawyer will succeed in creating new precedent, the parties can give informed consent in writing. c) No, the mere fact that advocating a legal position on behalf of one client might create precedent adverse to the interests of a client represented by the lawyer in an unrelated matter does not create a conflict of interest. d) No, because preemption precedent from one area of law like torts could not possibly affect an unrelated area of law like immigration.

c) No, the mere fact that advocating a legal position on behalf of one client might create precedent adverse to the interests of a client represented by the lawyer in an unrelated matter does not create a conflict of interest.

73. During his closing argument at a bench trial, an attorney makes the following statement to the judge: "Your Honor, I know this client, because we grew up together and I have represented him in various legal matters for years. I know that he is an honest person who would never lie or try to take advantage of another person unfairly. In fact, I am doing this case on a pro bono basis because I feel so strongly about the justness of his case." All of these statements were truthful - the attorney had known the client since childhood and had represented him many times, the attorney admired the client's integrity, and the attorney had offered to handle this case without charging any fee because he believed so strongly that the client was on the right side. Was it proper for the attorney to make these comments during closing arguments? a) Yes, because it was a bench trial so there was no danger of manipulating or prejudicing a jury in this case. b) Yes, because a lawyer has a duty to be a zealous advocate for his client, and lawyers merely represent the assertions of their clients, rather than vouching for the accuracy of all the claims. c) No, because at trial, a lawyer shall. not assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, or the credibility of a witness. d) No, because it is improper to disclose during a trial how much, if anything, a lawyer is charging to represent a client.

c) No, because at trial, a lawyer shall. not assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, or the credibility of a witness.

95. Three years into the litigation in a complex antitrust lawsuit, it became necessary to have the attorney, who alone represented the defendant corporation, testify as a witness at the trial. The attorney had been present at a private meeting between his client and an industry rival, at which they allegedly discussed a price-fixing scheme, and the testimony of the two rivals (the only ones besides the attorney at the meeting) contradicted each other. The question of what occurred at the meeting was a hotly contested issue in the case, but was only one of many issues in the protracted, extremely complex litigation. The opposing party moved to disqualify the attorney from representing his client after the attorney took the stand to testify. Should the court disqualify the attorney from representation, or from testifying as a witness? a) Yes, because a lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness. b) Yes, because the testimony relates to a contested issue. c) No, because disqualification of the lawyer would work substantial hardship on the client. d) No, because testifying allows the lawyer to promote the truth and integrity of the proceedings when it is clear that one of the witnesses is lying about the conversation.

c) No, because disqualification of the lawyer would work substantial hardship on the client.

57. An attorney represents a defendant in a prosecution for rape. The client turned down several other experienced criminal defense lawyers who offered to take the case and hired the attorney to represent him. The client saw the victim early in the evening on the date when the rape occurred, but he has a solid alibi, supported by multiple credible witnesses, that he was nowhere near the scene where the rape occurred at the time that it happened, and no DNA tests link the client to the rape. The only evidence against the client, in fact, is the victim's memory of seeing him early that evening and feeling uncomfortable around him, as if she could sense that he was a sexual predator. Her rapist wore a mask, so she could not identify his face, but he was the same height and build as the client, so she is convinced he is the perpetrator. Despite the weakness of the evidence against him and his airtight alibi, the client is furious about the false accusation and wants to teach the victim a lesson. He informs the attorney that he plans to take the stand and testify that the victim has a reputation among his friends for being promiscuous, that when he saw her that evening she was wearing provocative clothing, and that he believes she was "asking to be raped." The attorney finds this repugnant, but he believes the client is truly innocent of the rape in the case, and the client will probably receive an acquittal with or without this testimony attacking the victim's character and reputation. The attorney believes the court will allow him to withdraw from the case and that the client could easily hire one of the other lawyers to take over the representation. Is is improper for the attorney to withdraw from the representation, if he agrees with the objectives the client is pursuing (acquittal) but disagrees with the actions the client plans to take? a) Yes, because even though a lawyer may withdraw from representation only if the client is pursuing an objective that the lawyer finds repugnant, a disagreement about a single action the client takes does not justify withdrawal. b) Yes, because a lawyer cannot ethically withdraw from representation in a criminal case, even with a court's permission, if the trial preparation phase is already underway. c) No, because even where the lawyer agrees with the overall objectives of the client, a lawyer may withdraw from a case if the client insists upon taking action that the lawyer considers repugnant. d) No, because a lawyer may withdraw from representation at any time if a court or tribunal permits it.

c) No, because even where the lawyer agrees with the overall objectives of the client, a lawyer may withdraw from a case if the client insists upon taking action that the lawyer considers repugnant.

77. An attorney interviewed an expert witness whom he thought he might hire to testify at a client's trial. The attorney explained he was meeting with several expert witnesses and would hire the one who he though would seem most persuasive to the jury. The expert witness offered to work on a contingent fee basis; if the attorney did not win the case at which the expert testified, no fee would be due. The attorney would have to pay the expert witness only if his testimony was compelling enough to produce a favorable outcome in the case. The attorney thought that this would give the expert an incentive to prepare more thoroughly for trial, and that it would be fairer to the client, who would be left bankrupt if they lost at trial and would have trouble paying the expert's fee anyway. Would it be proper for the attorney to hire the expert witness under such terms? a) Yes, it is permissible to pay an expert witness a large fee. b) Yes, because if the client loses the case and would be unable to pay the fees to the lawyer and the expert, the same type of contingency would result either way. c) No, because it is improper to pay the expert witness a contingent fee. d) No, because a lawyer cannot offer any inducement to a witness to testify.

c) No, because it is improper to pay the expert witness a contingent fee.

98. A state legislature enacted a statute that doubled the number of continuing legal education hours each lawyer must complete every year in order to maintain a license to practice law in the state. The fifty-hour CLE requirement was the highest of any state in the nation. A legal aid lawyer challenged the new rule on constitutional grounds, claiming that it was unduly burdensome to poverty lawyers, given the high cost of the CLE courses, and therefore could leave more poor citizens without representation. In the alternative, the lawyer claimed that it violated the separation of powers. Is the legal aid lawyer likely to fail in this challenge? a) Yes, because heavy CLE requirements create an undue burden on poverty lawyers, which violates the Equal Protection Clause of the Constitution. b) Yes, because the legislature has inherent power to enact legislation to protect the public, who need competent legal representation. c) No, the state courts have exclusive inherent authority to regulate the lawyers practicing in their jurisdiction. d) No, because continuing legal education is strictly voluntary, and the government cannot force lawyers to take courses.

c) No, the state courts have exclusive inherent authority to regulate the lawyers practicing in their jurisdiction.

121. An attorney is a partner in a seven-lawyer firm. A client retained the attorney to handle his workers' compensation matter. The attorney did discuss with the client that he would normally disclose to the other partners in the firm some of the details about his cases and clients, and the client expressly forbade the attorney from telling anyone in his firm anything about his case. Nevertheless, at the weekly meeting of the partners, as everyone discussed their pending cases, the attorney explained the client's case and solicited input from the partners. One partner had an ingenious suggestion that would have been very helpful to the client's case. The attorney mentioned to the client in their next phone call that one of his partners had made a brilliant suggestion that could turn the case in the client's favor. The client was upset that the attorney had discussed the case with anyone else. Was it proper for the attorney to discuss the case with the others at the firm? a) Yes, because a lawyer is impliedly authorized to disclose client information to other partners in his firm merely from the fact that the representation has been undertaken, regardless of client attempts to limit such necessary disclosures. b) Yes, because the routine check for potential conflicts of interest presumably already eliminated any potential injury to client that could result from the disclosure. c) No, because lawyers in a firm may not disclose to each other information relating to a client of the firm if the client has instructed that particular information be confined to specified lawyers. d) No, because a lawyer is never permitted to discuss client matters with other lawyers in the firm without express client authorization.

c) No, because lawyers in a firm may not disclose to each other information relating to a client of the firm if the client has instructed that particular information be confined to specified lawyers.

An attorney works for a firm where another lawyer is representing the defendant in a personal injury lawsuit. The other lawyer has represented the defendant for a long time on unrelated non-litigation matters, but the personal injury lawsuit is a new case. The victim, the plaintiff in the same personal injury lawsuit, was a college classmate of the attorney and he asks the attorney to represent him in the litigation. The attorney has not learned any confidential information yet about the defendant from his fellow associate at the firm, nor has the attorney learned any confidential information from the victim during their preliminary consultation. The firm decides to undertake the representation of the victim as well. The firm will carefully screen the attorney and lawyer from one another, forbidding them to discuss the case with each other or anyone else in the office, and ensuring that they do not have access to each other's files for the case. In addition, neither lawyer will receive a bonus from the fees received for this litigation. Under the Rules of Professional Conduct, is it proper for the attorney to represent the victim, given these circumstances? a) Yes, as long as the firm provides notice to the defendant and the victim about the specific screening procedures it has in places, and gives periodic certification of compliance with the screening procedures. b) Yes, as long as both the clients provide written informed consent to the conflict of interest, after receiving a detailed explanation of the problems with common representation, and neither party has its fees paid by a third-party. c) No, because the Rules of Professional Conduct impute the conflict of the other lawyer to the attorney, and screening procedures do not apply to conflicts between current clients. d) No, unless the attorney has already represented the victim in previous unrelated matters while working at another law firm, and joined the new law firm only recently.

c) No, because the Rules of Professional Conduct impute the conflict of the other lawyer to the attorney, and screening procedures do not apply to conflicts between current clients.

Attorney worked for several years for a federal government agency in regulatory enforcement. Big Firm then hired the attorney for a substantially higher salary, and the attorney accepted the position and left her government position. One of the attorney's first assigned cases at Big Firm was a new action by the client against the same government agency for which the attorney had previously worked, challenging the constitutionality of a new regulation that the agency had recently promulgated. While at the agency, the attorney had not been involved with the review and promulgation of any new regulations, including the one at issue in the client's challenge, but instead worked exclusively on enforcement litigation matters. Is the attorney subject to disqualification in the client's matter against the attorney's former employer? a) Yes, because Big Firm gave the attorney an unreasonably large salary increase for leaving her public service position and joining Big Firm in the private sector, which creates a conflict of interest. b) Yes, unless the federal government agency is willing to provide written informed consent to the attorney's representation in the case. c) No, because the attorney did not participate personally and substantially in the matter as a public officer or employee. d) No, because the case involves a constitutional challenge to the validity of a regulation, not the financial interests of the client or government as would be recognized if the case involved fines, fees, or penalties.

c) No, because the attorney did not participate personally and substantially in the matter as a public officer or employee.

119. A government entity provides grants to a legal aid office that represents indigent individuals. The government entity requires reporting of the names of clients, brief factual summaries, and the type of representation involved for all matters where the government entity's funds provided the financial support for the representation. An attorney works for the legal aid office. The government entity uses this information to ensure that the funding is going to its intended purposes and complies with various statutory requirements. Most of his clients are uneducated and unsophisticated, so he does not explain to them how the finances work for the legal aid office or that the must disclose their information. Is it proper for the attorney to represent legal aid clients without obtaining their informed consent to the disclosures required by the funding agency? a) Yes, because the information is going to a government entity, not to a private party, so the disclosure does not violate the Rules of Professional Conduct. b) Yes, because the client names, basic facts, and type of case do not constitute confidential information that would require client authorization for disclosure. c) No, because the client names, basic facts, and types of cases are confidential information, and require client authorization for disclosure. d) No, because information disclosed by a lawyer about a client to the government automatically constitutes a breach of the duty of confidentiality.

c) No, because the client names, basic facts, and types of cases are confidential information, and require client authorization for disclosure.

107. A criminal defense lawyer represented a defendant in a criminal prosecution. The defendant had given an incriminating confession to the police during his first interrogation, but the police had never given him Miranda warnings. At the beginning of questioning, the defendant had stated that he wanted his lawyer and did not want to answer any questions without his lawyer present. The police said they would let him talk to his lawyer later, but for now, he had to answer some questions. The interrogators even threatened him with physical injury if he refused to confess, so he confessed under coercion. The confession should have been inadmissible at trial due to the lack of Miranda warnings, the questioning without his lawyer present, and the physical coercion. Nevertheless, the lawyer did not inquire about the circumstances of the confession and did not bother objecting to its admission at trial. The jury convicted the defendant, largely on the evidence of the illegal confession. The defendant retained a different lawyer on appeal, who raised the problem with the confession, but the appellate courts affirmed the conviction, until he had exhausted all his remedies. The defendant then sued his original lawyer from prison for legal malpractice, claiming that he suffered significant damages due to the lawyer's negligence, given that he was unsuccessful in having his conviction overturned. Assuming the jurisdiction follows the majority rule and the Restatement of the Law Governing Lawyers, could the lawyer be liable for legal malpractice? a) Yes, because his negligence in failing to object to the admission of the illegally obtained confession fell far below the standard for a reasonable lawyer in the profession. b) Yes, because the lawyer negligently caused the conviction of the client, and the client suffered serious injury in the form of incarceration, which he could not overturn on appeal. c) No, because the client was unable to convince an appellate court to overturn his conviction. d) No, because the defendant was probably not actually innocent of the crime if he gave a full confession to the police during his first interrogation.

c) No, because the client was unable to convince an appellate court to overturn his conviction.

66. Attorney is a busy litigator. During one scheduling conference with the judge and opposing counsel, Attorney asked for a continuance (postponement) of a particular hearing until a later date because she planned to be on vacation in Europe during that time. The judge and the opposing counsel agreed. On another occasion, three months later, Attorney asks another judge to reschedule a hearing so that it will not fall on her anniversary, when she has dinner plans in the early evening. In that instance, which was not the same matter or client as the first instance, the lawyer for the other party complained about rescheduling for such a trivial reason, but the judge agreed to reschedule the hearing for a month later. Was it improper for Attorney to seek these postponements? a) Yes, because a lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client. b) Yes, because it is not proper for a lawyer to fail to expedite litigation solely for the convenience of the advocates. c) No, because there are occasions when a lawyer may properly seek a postponement for personal reasons. d) No, it was not improper to seek a postponement for a scheduled vacation, but the postponement merely for an anniversary dinner was improper.

c) No, because there are occasions when a lawyer may properly seek a postponement for personal reasons.

114. An attorney represents a client before a government agency that enforces securities regulations. As part of the representation, the attorney must prepare an opinion concerning the legality of the securities registered for sale under the securities laws, for submission to the government agency, which requires such reporting. The client authorizes the attorney to prepare the written opinion, but insists that the attorney exclude any mention of a particular business loss the client's company incurred recently, in order to avoid upsetting the shareholders. In order to preserve the client's confidential information, the attorney prepares the written opinion without the information the client asked him to withhold. The report does not mention that it excludes some unfavorable information. The attorney prepares the written opinion and gives it to the client, who submits it to the agency. Is it proper for the attorney to follow the client's instructions in preparing this report? a) Yes, because when the lawyer is retained by the person whose affairs are under examination, the general rules concerning loyalty to client and preservation of confidences apply. b) Yes, because it is the client's decision what to disclose to the agency; and the client alone will bear the consequences if the agency concludes later that the client submitted a misleading report. c) No, because when a lawyer's report categorically excludes certain issues or sources, then the lawyer must describe in the report any such limitations that are material to the evaluation in the report. d) No, because an attorney has a duty to include in the report whatever information the government agency requested, as the agency will rely upon the report in making its decisions.

c) No, because when a lawyer's report categorically excludes certain issues or sources, then the lawyer must describe in the report any such limitations that are material to the evaluation in the report.

Attorney works for a firm. She also describes herself as an outspoken advocate for the rights of unborn children, that is, she passionately favors legal restrictions on abortion. A local abortion clinic asks the firm to represent it in litigation over recent zoning measures that would significantly limit its hours of operation and therefore the number of clients the clinic could accept. The firm agrees to the representation. Attorney firmly refuses to have any part in the representation, and though no formal screening measures are in place, everyone else in the firm avoids discussing the case with her or around her because they are afraid of receiving another lecture about the wrongfulness of abortion. Early in litigation, the judge considers disqualifying the firm because it employs Attorney, who has a reputation in the community for her advocacy against legalized abortion. Neither the clinic nor the opposing party (the municipal zoning authority) provided written consent to a conflict of interest. Should the firm be subject to disqualification in this case? a) Yes, because the firm did not implement formal screening measures to ensure that Attorney receives no confidential information about the case and cannot influence the other lawyers working on the case. b) Yes, because the firm did not obtain informed written consent from both parties to the potential conflict of interest. c) No, the firm should not be disqualified where one lawyer in a firm could not effectively represent a given client because of strong political beliefs, but that lawyer will do no work on the case and the personal beliefs of the lawyer will not materially limit the representation by others in the firm. d) No, because preserving women's access to legalized abortion is such an important fundamental right that it would be improper to limit the abortion clinic's options for representation in the matter, and other firms may also have conflicts of interest that would preclude representation.

c) No, the firm should not be disqualified where one lawyer in a firm could not effectively represent a given client because of strong political beliefs, but that lawyer will do no work on the case and the personal beliefs of the lawyer will not materially limit the representation by others in the firm.

Attorney Adams is in-house counsel for a large international corporation and has daily contact with higher-level executives and managers. One day, a senior executive mentions casually to Attorney Adams that he has offered lucrative stock options, worth millions of dollars, to a foreign government official who has agreed to give the firm an exclusive contract to provide certain goods and services to the foreign state. The executive seems to think this is normal and good for the company, but Adams believes it constitutes bribery of foreign officials, which would violate the Foreign Corrupt Practices Act, and could subject the company to enormous fines and penalties. Attorney Adams explains her concerns to the executive including her concern that he could face personal criminal charges in addition to bringing liability on the corporation, and she reminds him that she represents the corporation, not him personally. The executive is dismissive of her concerns, even though she approaches him several times about the matter. How must Attorney Adams proceed? a) She should report the matter immediately, in writing, to the Department of Justice, and tell no one in the company that she has done so. b) She should keep her conversations with the executive confidential but try to document everything that she knows about the situation in case the Department of Justice brings and enforcement action. c) She should approach the executive's immediate corporate superior advising those next up the chain of authority to stop the transaction and take appropriate actions agains the executive involved. d) She should immediately notify the company's Board of Directors advising them about the potential liability and threatening to report the activities to the Department of Justice if they take no action.

c) She should approach the executive's immediate corporate superior advising those next up the chain of authority to stop the transaction and take appropriate actions agains the executive involved.

109. What is currently the requirement under the Rules of Professional Conduct regarding lawyers having liability insurance for legal malpractice claims? a) The Model Rules require every practicing lawyer in the private sector to carry at least minimal liability insurance, but not government lawyers. b) The Model Rules require lawyers practicing in certain areas, like real estate and family law, to carry malpractice insurance, but not lawyers doing criminal defense work. c) The Model Rules do nor require lawyers to have malpractice insurance, but many states require disclosure to clients if the lawyer is uninsured. d) The Model Rules forbid lawyers to carry malpractice insurance because of the moral hazard problem - insurance provides a perverse incentive to take more risks or to be less careful.

c) The Model Rules do nor require lawyers to have malpractice insurance, but many states require disclosure to clients if the lawyer is uninsured.

118. A lawyer who has previously done only residential real estate closings agreed to represent a new client in a complex estate planning matter for a client who owns numerous residential and commercial properties. The estate assets also include numerous securities (stocks, bonds, and commodity shares), and an art collection. The elderly client has had children with each of his three wives over the years. Concerned about being responsible for a case with such high stakes and conceptual difficulty, the lawyer includes in the representation agreement a provision that limits his liability for any tax consequences or contested inheritance issues, which are unfamiliar to him. At the same time, he does not try to limit his liability for the portions of the representation that pertain to the real estate, as he knows that area well - the limitations on liability apply only to specific areas. The lawyer informed the client in writing of the advisability of "seeking a second opinion" before signing the representation agreement, but the client consulted with no other lawyers and signed the document, along with giving oral consent to the provisions limiting liability on certain points. The client added a codicil to the will explaining that under no circumstances should the executor of the estate (the client's eldest son) or any heirs sue the lawyer for malpractice. The lawyer competently handled the disposition of all the real property within the client's estate except for one small parcel of commercial property, for which he made a mistake with recording the transfer. He also surprised himself by dealing with the tax issues (estate and capital gains tax) properly, after a few weeks of research and consultations with other attorneys. Unfortunately, the lawyer made some serious errors with the federal reporting and notification requirements that applied to some of the client's securities, which later resulted in penalties assessed on the estate. In addition, the lawyer arranged for temporary storage of the art collection in a storage rental facility, without climate controls, and the most valuable paintings sustained damage. What adverse consequences could the lawyer face for his mistake? a) None, because he attained competence on the tax issues, which were previously unfamiliar to him, and he shielded himself effectively from liability with the provision in the representation agreement, for which he advised the client to seek a second opinion. b) The lawyer could face disciplinary action for taking a matter beyond his competence or ability to acquire competence, but not malpractice liability, due to the codicil and to the provision in the representation. c) The lawyer could face both disciplinary action (for taking a matter for which he lacked competence and for neglect) and could be liable in tort under bailment theory for the damaged artwork, and could face personal sanctions from the government for his erroneous reporting about the securities. d) The lawyer could not be subject to discipline for the provision in the representation agreement, because he advised the client to seek independent representation, and would not face disciplinary actions for incompetence, as he was familiar with real estate transactions, which were an important part of the estate.

c) The lawyer could face both disciplinary action (for taking a matter for which he lacked competence and for neglect) and could be liable in tort under bailment theory for the damaged artwork, and could face personal sanctions from the government for his erroneous reporting about the securities.

106. A client hired a lawyer to represent her in bringing a lawsuit against a manufacturer over a defective product that was very expensive. The attorney regularly represents plaintiffs in product liability cases. The client believes that the manufacturer has knowingly sold defective products to other customers as well, and wants the attorney to include a claim for "civil RICO" (accusing the manufacturer of racketeering) as part of the lawsuit. In addition, the client discussed reporting the manufacturer to various government regulatory agencies to try to get the company in trouble with them, as this might overwhelm the defendant with simultaneous litigation on several fronts, and might even bring out otherwise undiscoverable information about the manufacturer's wrongdoing. The attorney reluctantly adds the civil-RICO claim to the complaint and is not surprised when the judge strikes that claim at the request of the defendant. The attorney declines to notify government agencies about the manufacturer, and suggests that the client do that on her own, writing complaint letters to whatever agencies she has in mind. The attorney proceeds with the tort litigation and prevails, winning a favorable verdict for the plaintiff. Was it proper for the attorney to decline to pursue the regulatory attack against the manufacturer? a) No, because a lawyer must act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client's behalf. b) No, because a lawyer is bound to press for every advantage that might be realized for a client. c) Yes, because a lawyer is not bound to press for every advantage that might be realized for a client. d) Yes, because the lawyer acquiesced to the client about the civil-RICO claim, and a lawyer should not have to defer to the client on more than one unusual request in the same representation.

c) Yes, because a lawyer is not bound to press for every advantage that might be realized for a client.

Aaron, a college sophomore, is facing criminal charges related to a drunk driving accident the previous night. To his great relief, Aaron's parents visit the firm of Lawyer Lucas, and retain him as defense counsel for their son, agreeing to cover all fees and expenses. The criminal charges in this case allow for jail time or hefty fines as potential punishments. The prosecution offers a plea bargain - a $2,000 fine, a few hours of community service, and six months probation, but no jail time. Aaron, the defendant, is thrilled, but his parents insist that Lawyer Lucas decline the plea bargain and go to trial, which Lucas is certain will result in a conviction and a short jail sentence. The parents believe a short jail term will be good for their son and teach him a lesson, and paying the $2,000 fine on top of the lawyer's fees will force them to forego their vacation plans that year. A loud argument ensues in the conference room between the parents and Aaron over the best course of action. How should Lawyer Lucas proceed? a) The lawyer should represent the wishes of the parents, as they retained him for his services, and they are paying his fees. b) The lawyer should follow his own judgement about what would be the best result in this case, given that there is a disagreement between the party he represents and the party paying his fees. c) The lawyer must follow the decision of Aaron, who is his real client, and accept the plea; he should have explained to the parents in advance that they could not control the case even if they paid his fees. d) The lawyer has a duty to both Aaron and his parents as joint clients, and must wait until they reach an agreement about how to proceed.

c) The lawyer must follow the decision of Aaron, who is his real client, and accept the plea; he should have explained to the parents in advance that they could not control the case even if they paid his fees.

An attorney was a judge but has left that job and joined Big Firm. Another lawyer at Big Firm represents the client in a case on the docket at the same court where the attorney worked as a judge. In fact, as a judge, the attorney ruled on some of the pretrial motions in the case, mostly evidentiary motions. The firm has screening measures in place to screen the attorney from any participation in the matter, and timely notice went to the parties about the screening measures in place. The other parties, however, did not provide informed written consent to Big Firm's representation of the client. Is it proper for the other lawyer at Big Firm to continue representing the client on this matter? a) No, because a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge, and if a lawyer is disqualified, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in the matter. b) No, because a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge, and the other parties did not provide informed consent, confirmed in writing, to the representation. c) Yes, as long as Big Firm also provides timely notice to the appropriate tribunal as well, so that the tribunal may ascertain compliance with screening measures. d) Yes, as long as the attorney is not receiving a salary or partnership share established by prior independent agreement.

c) Yes, as long as Big Firm also provides timely notice to the appropriate tribunal as well, so that the tribunal may ascertain compliance with screening measures.

An attorney worked for several years for a federal government agency in regulatory enforcement. The attorney was involved in several enforcement matters against Conglomerate Corporation in all its litigation and regulatory compliance matters. The attorney made a good impression on the Big Firm partners when serving as opposing counsel in the same litigation. At the end of a deposition of Conglomerate Corporation's executives during the discovery phase of an enforcement proceeding, Big Firm partners approached the attorney privately and asked if the attorney would be interested in leaving the agency for a position at Big Firm. The attorney explained that hey would have to match his current salary at the government agency in order for him to consider the proposal. Big Firm then scheduled an employment interview with the attorney, at the end of which they offered to double his salary if he left the agency and accepted a position at Big Firm. The attorney decided to postpone making a decision until the pending agency enforcement matters against Big Firm's client were complete, in order to avoid the appearance of a conflict of interest. The matters dragged on for another year, however, and Big Firm eventually withdrew its offer. Is the attorney subject to discipline? a) No, because the attorney decided to postpone making a decision until the pending agency enforcement matters against Big Firm's client were complete, in order to avoid the appearance of a conflict of interest. b) No, because Big Firm eventually withdrew its offer and the attorney never actually went to work for Big Firm. c) Yes, because a lawyer currently serving as a public officer or employee shall not negotiate for private employment with any person who is involved as a party or as a lawyer for a party in a matter in which the lawyer is participating personally and substantially. d) Yes, because Big Firm offered to double the attorney's salary instead of merely matching his current government salary, which creates a substantial conflict of interest for the attorney in any pending or future matters.

c) Yes, because a lawyer currently serving as a public officer or employee shall not negotiate for private employment with any person who is involved as a party or as a lawyer for a party in a matter in which the lawyer is participating personally and substantially.

147. The attorney hires a nationally known internet-marketing specialist, a tech guru, to help develop the firm's reputation and attract new clients. The internet specialist has made millions on previous tech startups, while the attorney is relatively unknown and has been practicing for only two years. The tech guru demands certain terms in the contract that require the attorney to confer with the tech guru about accepting clients that were former clients of the tech guru, in order to avoid conflicts of interest. The attorney must also clear any litigation positions, approaches, or strategies that pertain to intellectual property or internet marketing liability with the tech guru, to avoid positions that would jeopardize the guru's other business. Is the attorney subject to discipline for this arrangement? a) No, because the attorney is merely hiring an advertising specialist and can pay normal rates for such services. b) No, because the contract merely reflects the lawyer's duty under the Model Rules to avoid a conflict of interest between current clients. c) Yes, because a non-lawyer has a contractual right to direct or control the professional judgement of the lawyer. d) Yes, because the attorney is advertising online, which means internet users in other states can see the firm's advertisements and offers of representation, even though the attorney does not have a license to practice in most of those jurisdictions.

c) Yes, because a non-lawyer has a contractual right to direct or control the professional judgement of the lawyer.

145. An attorney practices personal injury law, representing plaintiffs on a contingent fee basis. The attorney employs a paralegal to assist with preparing documents for litigation. The paralegal's salary arrangement is 10 percent of the firm's total net revenue each year. In years when the attorney wins several large cases, the paralegal receives higher wages, and in years when the attorney has no big wins, the paralegal receives almost nothing. The paralegal does not bring clients to the firm, but does participate in judgements about which clients to represent, how to structure contingent fee arrangements, and how much to seek in damages after a verdict, as these matters directly affect the paralegal's income as well as the attorney's. Is the attorney subject to discipline for this arrangement? a) Yes, unless the paralegal has a law degree and is admitted in another state. b) No, because non-lawyers may participate in a firm compensation plan based on overall profit sharing. c) Yes, because a non-lawyer has a right to influence the professional judgement of the lawyer under this arrangement. d) No, because the rules treat paralegals the same as lawyers for purposes of sharing fees or profits.

c) Yes, because a non-lawyer has a right to influence the professional judgement of the lawyer under this arrangement.

Miranda and her two sisters, Lisa and Nancy, all sustained injuries in a car accident last year. Because they did not have enough money to get separate attorneys, they decided to consent to using the same lawyer, Joseph. After months of trial preparation, the defense counsel approached Joseph with a settlement offer. Miranda sustained severe injuries, but fortunately Lisa and Nancy only received a few bumps and bruises. Joseph believed that the settlement offer was a reasonable offer and that it would be in the clients' best interest to accept it because of how all-consuming and costly trial can be. Even so, Joseph also knew that Miranda would be a hard sell on accepting a settlement offer because she believed she could get a larger judgement if she presented her case in front of a jury. If Joseph obtains consent from both Nancy and Lisa to accept the defendant's settlement offer, will he be subject to discipline for accepting the offer without first discussing it with Miranda? a) No, because when a client retains a lawyer, he or she authorizes the lawyer to accept or reject settlement offers on his or her behalf. b) Yes, because an attorney must inform each client about all the material terms of the settlement before accepting any settlement offer on behalf of multiple clients. c) Yes, because an attorney must inform and obtain written consent from each client about all the material terms of the settlement before accepting any settlement offer on behalf of multiple clients. d) No, because the three sisters consented to being represented by the attorney and he believed it was in their best interest as a whole.

c) Yes, because an attorney must inform and obtain written consent from each client about all the material terms of the settlement before accepting any settlement offer on behalf of multiple clients.

50. An attorney has represented a client on various small matters in the past. The client now needs representation for a more substantial matter involving a business transaction. During a phone call, the attorney agrees to represent the client at a slightly higher hourly rate, given the complexity of the matter, and when they meet to discuss the transaction in more detail, the attorney double-checks with the client about the fee arrangement verbally, explaining it carefully and answering any questions the client may have. The attorney and the client never formalize the fee arrangement in writing, but the attorney does send printed bills to the client periodically. Eventually, the client starts to feel that the representation is costing too much, and objects to one of the bills. Was it permissible for the attorney to have an oral agreement over hourly fees, without putting the fee agreement into writing? a) Yes, because the matter is more complex than the previous work the attorney has done for the client. b) No, because fee arrangements must be in writing, in order to avoid disputes between lawyers and their clients later on. c) Yes, because even though it is always preferable to have fee agreements in writing, it is not required in this type of case. d) No, because the attorney should have reduced his hourly fee, rather than raising it, if the matter is more complex and will generate more hours of work for the lawyer.

c) Yes, because even though it is always preferable to have fee agreements in writing, it is not required in this type of case.

82. An attorney represented a client in a prosecution for murder, and the prosecutor was seeking the death penalty. The trial was not going well, and the judge had not sequestered the jury, so the attorney sent his secretary to visit some of the jurors in their homes one evening, bringing them cookies and talking to them about the seriousness of sentencing a fellow human being to death. The secretary did not say she worked for the attorney, but instead introduced herself as a member of an advocacy group that seeks to abolish the death penalty, and she left pamphlets about abolishing the death penalty in each juror's home. Could the attorney be subject to discipline for this activity? a) No, because the attorney did not actually speak to any of the jurors directly and therefore had no ex parte contact with them. b) No, because the attorney did not have the secretary discuss the merits of the case or the evidence, but only the morality of the death penalty, which is a serious public policy issue. c) Yes, because he was communicating ex parte with the jurors through the secretary during the proceeding. d) Yes, because the secretary did not inform the jurors that she worked for the attorney.

c) Yes, because he was communicating ex parte with the jurors through the secretary during the proceeding.

An attorney represents a client who is a defendant in a criminal matter. The defendant faces felony charges. The attorney is very experienced in handling this type of case, and knows from experience that defendants receive acquittals far more often in jury trials than in bench trials, at least with this type of case. The client, however, does not want to incur the legal fees involved in jury selection (noir dire, etc.), and cannot really afford it, so the client tells his attorney that he does not want a jury trial, but rather a bench trial. The attorney is convicted that his client is innocent of the crimes charged, and that a bench trial is likely to result in a wrongful conviction in this particular case, given some of the evidentiary issues. The attorney postpones notifying the court that the defendant will waive his right to a jury trial, in hopes of changing the client's mind. The court schedules jury selection, and the attorney appears and participates in the voice dire without telling his client, because he still hopes and believes that he will change his client's mind about the issue. On the first day of trial, the client arrives in court and is shocked to see a jury seated. The defendant stands and objects loudly to the jury and explains that he wants to waive his right to a jury trial and have a bench trial instead. The judge refuses to dismiss the jury at his point, informing the defendant that his opportunity to request a bench trial has passed. The trial proceeds and the jury acquitted the client of all charges, as the attorney had expected, and to the apparent dismay of the judge, who would have ruled to convict if it were up to hm. Is the attorney subject to discipline in this situation? a) Yes, because the client missed the important opportunity to participate in void dire and the selection of the jury, and will have to pay legal fees that he did not want to incur. b) No, because the defendant suffered no harm from the attorney's decision, as the jury gave a complete acquittal and the judge apparently would have given an unfavorable verdict. c) Yes, because in a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to whether to waive the right to a jury trial. d) No, as long as the attorney does not bill the client for the day spent on jury selection, because clients normally defer to the special knowledge and skill of their lawyer with respect to the means to be used to accomplish their objectives, particularly with respect to technical, legal, and tactical matters.

c) Yes, because in a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to whether to waive the right to a jury trial.

48. An attorney agreed to represent a client as plaintiff in a patent infringement lawsuit. The attorney was part of a partnership that specialized in intellectual property law. The attorney prepared, and the client signed, a written fee agreement that specified the attorney would receive a tiered contingent fee in the case: 25 percent if the case settled before trial, 30 percent if they went to trial and won, and 35 percent if the case went up on appeal and they prevailed in the appellate stage. In addition, the agreement specified that the contingent fee would come from total award before court costs and other expenses, and that the client would be responsible for court costs and expenses out of his own pocket, either along the way as expenses arose during proceedings, or from the client's share of the award after the attorney received his contingent fee. The attorney never revealed that his partnership agreement required him to share his part of the fees with three other partners in the firm, or that his fees would go toward a general firm operating budget from which the partnership paid the salaries of non-lawyer staff, such as paralegals and secretaries. The attorney obtained a favorable settlement before trial. He telephoned the client with the good news, and explained that he would deduct his 25 percent contingent fee, as they had agreed, and would send the client the remainder of the settlement funds. At that time, there were no outstanding unpaid expenses or court costs. The client was glad to hear the news, and the attorney promptly sent the client a check for 75 percent of the total amount received from the other party. The attorney and the client had no other contact except to exchange holiday greeting cards. Were the attorney's actions improper? a) Yes, because the attorney failed to obtain written informed consent from the client to share fees with other lawyers in the firm, and because the attorney charged a tiered contingent fee in a patent litigation case. b) No, because contingent fees in patent litigation are proper as long as there is a written fee agreement at the beginning of the representation. c) Yes, because the attorney failed to provide the client with a. written statement stating the outcome of the matter and showing the remittance to the client and the method of its determination. d) No, because the attorney properly followed the agreement with the client, and there were no outstanding court costs or unpaid expenses at the time of the settlement.

c) Yes, because the attorney failed to provide the client with a. written statement stating the outcome of the matter and showing the remittance to the client and the method of its determination.

An attorney represented a client in litigation over a breach of contract. After a long period of discovery, as the trial date approaches, the two parties make a new attempt at settlement negotiations, with each party's lawyer acting as representative. The client is the plaintiff in the case, and has told the attorney on several occasions that she will not consider any settlement offer less than $100,000. The client is a sophisticated business owner who has weathered litigation many times in the past, including litigation over a breach of a nearly identical contract term. Based on her experience, the client has made an informed estimate that her chances of winning a $250,000 verdict at trial are almost exactly 50 percent, and that trial expenses are likely to be around $30,000 whether she wins or loses, and from there she derived her reserve amount of $100,000. The attorney met with the client the evening before Attorney would meet with opposing counsel for negotiations, and the client reiterated her reserve amount to the attorney, adding, "Do not even call me if the opposing party offers less than $100,000 - I will not accept it, and I want you to simply decline lowball offers." The next day, the client leaves on a business trip, and the attorney heads to the settlement negotiation meeting, where opposing counsel offers $90,000 to settle plus a written apology from the defendant to Client for breaching their contract. May Attorney reject this offer without first consulting with Client? a) Yes, because Client has a right to dictate the overall objectives of the representation, but the lawyer has a right to decide the means of achieving that objective. b) No, because a lawyer who receives from opposing counsel an offer of settlement in a civil controversy must promptly inform the client of its substance. c) Yes, because the client has previously indicated that the proposal will be unacceptable and has authorized the lawyer to reject the offer. d) No, because Client's method of deriving her $100,000 reserve amount is obviously unreasonable.

c) Yes, because the client has previously indicated that the proposal will be unacceptable and has authorized the lawyer to reject the offer.

An attorney worked for several years for a federal government agency in regulatory enforcement. Big Firm then hired the attorney for a substantially higher salary, and the attorney accepted the position and left his government position. One of the attorney's first assigned cases at Big Firm was a new action by the client against the same government agency for which the attorney had previously worked, defending against an enforcement action that the attorney had initiated while at the agency. The defense will involve challenging the constitutionality of a new regulation that the agency had recently promulgated. While at the agency, the attorney had not been involved with the review and promulgation of any new regulations, including the one at issue in the client's challenge, but instead worked exclusively on enforcement litigation matters. The government agency refuses to consent to the attorney representing the client, who is the adverse party to the agency, in this matter, and seeks to disqualify Big Firm from representing the client. Is Big Firm subject to disqualification in the client's matter against the attorney's former employer? a) Yes, because allowing Big Firm to give government lawyers an unreasonably large salary increase for leaving his public service position and joining Big Firm in the private sector creates a conflict of interest for all lawyers in government service. b) Yes, because the attorney participated personally and substantially in the matter as a public officer or employee, and cannot recuse himself from representing the client, and the appropriate government agency gives its informed consent, confirmed in writing, to the representation. c) No, as long as Big Firm has policies and procedures in effect to supervise the attorney's work closely enough to ensure compliance with the Rules of Professional Conduct. d) No, as long as Big Firm screens the attorney in time from any participation in the matter and provides the agency with prompt written notice about the screening measures in effect.

d) No, as long as Big Firm screens the attorney in time from any participation in the matter and provides the agency with prompt written notice about the screening measures in effect.

93. An attorney, an associate at Big Firm, applied for a patent for a client and successfully obtained the patent. Three years later, another party sued the client for allegedly infringing on one of their patents. The attorney was a necessary witness in the patent infringement matter, and planned to testify on behalf of the client that the client had successfully obtained a patent to the invention in dispute. Two partners at Big Firm, where the attorney worked, handled the representation of the client in the infringement case, pursuant to the client's written consent. Will the two partners at Big Firm be subject to disqualification from representing the client in the patent infringement case, if the attorney will be a witness about the original patent application? a) Yes, because a lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness, and this restriction applies by imputation to the other lawyers in the same firm. b) Yes, because a lawyer cannot serve as advocate if a lawyer with whom the lawyer is associated in a firm is precluded from doing so. c) No, because the client provided written consent. d) No, because a lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness.

d) No, because a lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness.

129. An attorney represented the client. who was suing his former employer over wrongful discharge. The former employer claimed that the termination was necessary because the job involved high-level security clearance, and the employer learned that the client had a prior felony conviction that he had not discovered on his job application. The phrasing of the question on the job application was confusing and a subject of dispute in the case. The former employer also claimed that they would have needed to terminate the client regardless of whether he was untruthful on his job application, because his prior conviction disqualified him from the necessary security clearance. During a preliminary hearing, the judge asked the attorney if it was true that the client had a prior conviction, and if so, what was the crime. The attorney conceded that the client had a grand larceny conviction in that jurisdiction and had served a two-year jail sentence, which was a matter of public record. The attorney then explained that their theory of the case was that the employer never clearly asked about a prior conviction. Moreover, the attorney observed, the conviction did not in fact disqualify client from the necessary security clearance for his position, but rather that this was a mere pretext for a racially discriminatory termination. Did the attorney violate his duty of confidentiality to the client by making this admission? a) Yes, unless the client expressly authorized the disclosure, prior convictions are confidential information that a lawyer should protect. b) Yes, because a lawyer has no duty to answer a direct question from a tribunal if the answer could constitute a fatal admission in a case. c) No, because the duty of confidentiality does not apply to disclosures made during a colloquy between a judge and a lawyer during a preliminary hearing. d) No, because a lawyer may be impliedly authorized to admit a fact that cannot properly be disputed or to make a disclosure that facilitates a satisfactory conclusion to a matter.

d) No, because a lawyer may be impliedly authorized to admit a fact that cannot properly be disputed or to make a disclosure that facilitates a satisfactory conclusion to a matter.

54. A client fired an attorney after the attorney had completed 80 hours of the work involved in the representation. The client refuses to pay any of the fees that were in the original agreement last the beginning of representation. The client also demands that the attorney turn over all papers and documents relating to the representation. Must the attorney immediately return the client's documents regardless of the fees owed? a) Yes, a lawyer must surrender all papers and property to the client as soon as representation ends, even if it ends with an untimely discharge of the lawyer. b) Yes, because the client has not received what she bargained for if she wants to discharge the lawyer before the representation is complete. c) No, because a client forfeits any right to papers and documents related to the representation if she discharges the lawyer without cause before the representation is complete. d) No, because a lawyer may retain papers relating to the client to the extent permitted by law.

d) No, because a lawyer may retain papers relating to the client to the extent permitted by law.

91. As he left work one evening, an attorney was approaching his car in the parking garage when he noticed two men arguing near a car at the far end of that floor of the garage. He could not hear what they were arguing about, but could hear occasional profanities and insults, and one of them shouting, "I warned you!" Then he saw that the men began to fistfight. A few other people by this point had stopped to watch in the parking garage and someone called the police, who arrived within five minutes. By that point, one of the men who had been fighting was bloody and could not walk away from the fight on his own. The police took the men into custody and the other witnesses quickly dispersed, so the police took a statement from the attorney, the only witness who remained. The officer turned to his partner, who was standing near the squad car with its driver door open, and shouted that one of the witnesses was actually a lawyer, which prompted a snide remark from the other officer. One of the arrestees in the car overheard this exchange and asked the officer to get the attorney's business card so that he could hire him. May the attorney represent the arrestee in the criminal or civil proceedings that follow? a) Yes, because only one of the arrestees asked the attorney to represent him and the attorney owed no ethical duty to the other man who had been fighting. b) Yes, because the attorney did not engage in solicitation of a client at the scene of an incident, but instead the prospective client requested his representation. c) No, because a lawyer should not represent a client who was referred to him by a police officer, even if the referral was in the context of a casual exchange between police in the client's presence. d) No, because a lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness.

d) No, because a lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness.

72. During opening arguments in a criminal trial before a jury, an attorney, who was representing the defendant, closed his statements by declaring, "My client is innocent, I know it in my heart. by the end of the trial, I am confident that you will agree with me that this is an innocent man." Are such comments proper for a defense lawyer to make during trial? a) Yes, because we presume that every defendant is innocent until proven guilty. b) Yes, because the fact that the defendant has pleaded not guilty has already put that assertion before the jury. c) No, because such comments could manipulate and prejudice a jury, even though the comments would be acceptable in a bench trial. d) No, because at trial, a lawyer shall not state a personal opinion as to the guilt or innocence of an accused.

d) No, because at trial, a lawyer shall not state a personal opinion as to the guilt or innocence of an accused.

43. An attorney receives a report from a psychologist that provides the psychologist's professional opinion that the client is unstable. The psychologist's report indicates that the client believes himself to be perfectly sane, and that the client has indicated he will cause harm if the psychologist submits a report stating the client is not stable and sane. The attorney chooses not to provide the report to his client when he receives it. Is the attorney subject to discipline? a) Yes, because the attorney is required to keep the client reasonably informed about his case, especially if a certain event might bear significant weight on the outcome of the case. b) Yes, because the attorney refused to supply the client with a copy of the report because of his own personal interest. c) No, because attorneys can withhold or delay information from clients if the information would be harmful to the client or would inconvenience the attorney. d) No, because immediately providing the report to the client may cause harm to the client.

d) No, because immediately providing the report to the client may cause harm to the client.

111. A patient of a well-known doctor suffers complications after her surgery, and believes she is the victim of medical malpractice. The patient writes to a lawyer, describing a medical-malpractice suit that the patient is contemplating, and she inquires about retaining the lawyer to represent her in the lawsuit. The lawyer never responds. Eventually, many months later, the statute of limitations expires for her claim. The patient then files a legal malpractice lawsuit against the attorney due to the failure to file a claim on the original case on time. Could the lawyer be liable for malpractice to the patient? a) Yes, because lawyers have some duties even to potential clients, and it was reasonably foreseeable to the lawyer that if he did not respond, eventually the statute of limitations would expire on her claim. b) Yes, because a lawyer can be liable for malpractice even to a non-client, if the lawyer has no duties to a person if there is no client-lawyer relationship explicitly in place. c) No, because the lawyer has no duties to a person if there is no client-lawyer relationship explicitly in place. d) No, because it was not reasonable for the patient to have relied upon the lawyer, as the lawyer never communicated to the patient.

d) No, because it was not reasonable for the patient to have relied upon the lawyer, as the lawyer never communicated to the patient.

An attorney used to work at Big Firm, and three years ago moved laterally to Medium Firm. One of the attorney's former colleagues at Big Firm also left and started a solo practice. While working at Big Firm, the solo received an assignment of literary rights from one of his clients about the client's high-profile case, immediately after the end of the case and the conclusion of the representation. That client also assigned any remaining literary rights to Kingpin Publishers in exchange for a hefty payment. The solo is now suing Kingpin Publishers to establish exclusive literary rights in the story. The first attorney's current firm, Medium Firm, represents Kingpin Publishers, and the solo represents himself. Another publisher is interested in acquiring the solo's book or movie script, and is funding the litigation expenses for the solo, even though it is not a client and does not yet have any ownership rights over the story. The case that gave rise to the literary rights occurred while both the solo and the first attorney were working together at Big Firm. The attorney performed some preliminary work on the case - reviewing and indexing a single deposition transcript before the client's trial - but the lawyer who is now the solo actually represented the client at trial. A paralegal at Big Firm is currently engaged to an editor at Kingpin Publishers, and the two are already living together. The attorney at Medium Firm, who is representing Kingpin Publishers, is in a sexual relationship with another lawyer at his own firm, and both are working in some capacity on the case. Executives at Kingpin Publishers have informed the first attorney that if his firm wins the case, they will hire Medium Firm for all their future legal work, which could be very lucrative in the long term. The solo has just filed a motion to disqualify the first attorney and the rest of Medium Firm from representing Kingpin Publishers in the case, alleging simply that there is a conflict of interest. Does Medium Firm have a disqualifying conflict of interest in representing Kingpin Publishers in this particular litigation? a) Yes, because the firm's attorney worked on the case that gave rise to this litigation, and because the solo took literary rights in the client's case. b) Yes, because the firm's attorney is in a sexual relationship with another lawyer working on the case, and because a third-party without a true stake in the case is paying for the solo's legal expenses. c) No, as long as Medium Firm screens the attorney from the case involving the literary rights and obtains consent from the opposing party. d) No, because neither the attorney nor Medium Firm have any disqualifying conflict of interest in this case.

d) No, because neither the attorney nor Medium Firm have any disqualifying conflict of interest in this case.

65. An attorney represents a client in a commercial litigation matter against a small independent bookstore. It is known in the local business community that the opposing party (the bookstore) has been on the verge of bankruptcy for the last two or three years. The facts and law of the present litigation, however, make it a close case - the attorney believes, accurately, that his client has at best a 50 percent chance of winning at trial. At the client's urging, the attorney files frequent motions asking for more time in discovery, more time to respond to the opposing party's motions, and postponement of the trial date to allow more time to prepare and locate the necessary expert witnesses. The attorney thinks that the opposing party may have to close down and file for bankruptcy soon, which would make the opposing party's claims moot. The judge has an overcrowded docket, and is always glad to grant postponements or more time on various responses. Is it proper for the attorney to take this "time-is-on-our-side" approach to litigation? a) Yes, because regarding the ethical duty to expedite litigation, it constitutes a justification that similar conduct is often tolerated by the bench and bar. b) Yes, because the attorney is acting in the best interests of his own client, and the opposing party's financial fragility is not his fault or responsibility. c) No, because an attorney has a duty to seek the best result possible for both sides in a case, under the "lawyer-for-the-case" approach. d) No, because realizing financial or other benefit from otherwise improper delay in litigation is not a legitimate interest of the client.

d) No, because realizing financial or other benefit from otherwise improper delay in litigation is not a legitimate interest of the client.

An attorney worked for several years for a federal government agency in regulatory enforcement. Big Firm then hired the attorney for a substantially higher salary, and the attorney accepted the position and left her government position. One of the attorney's first cases at Big Firm was a new action by the client against the same government agency for which the attorney had previously worked, defending against an enforcement action that the attorney had initiated while at the agency. Th defense will involve challenging the constitutionality of a new regulation that the agency had recently promulgated. While at the agency, the attorney had not been involved with the review and promulgation of any new regulations, including the one at issue in the client's challenge, but instead worked exclusively on enforcement litigation matters. The government agency gives informed consent, confirmed in writing, to the representation. Is the attorney nevertheless subject to disqualification in the client's matter against the attorney's former employer? a) Yes, because allowing Big Firm to give government lawyers an unreasonably large salary increase for leaving her public service position and joining Big Firm in the private sector creates a conflict of interest for all lawyers in government service. b) Yes, because the attorney participated personally and substantially in the matter as a public officer or employee. c) No, because the case involves a constitutional challenge to the validity of a regulation, and the attorney was not personally and substantially involved in the drafting or promulgation of the regulation. d) No, because the appropriate government agency gave its informed consent, confirmed in writing, to the representation.

d) No, because the appropriate government agency gave its informed consent, confirmed in writing, to the representation.

75. After much effort, an attorney located a witness who could fully corroborate his client's story and could impeach the testimony of the opposing party's star witness. The witness, however, was afraid of retaliation from others if she testified, and did not want to be involved. The attorney offered the witness $10,000 to appear at the trial for one afternoon and testify for an hour or two. The witness reluctantly agreed. Was it proper for the attorney not offer to pay a favorable witness to undergo the trouble of testifying at the trial? a) Yes, because expert witnesses routinely charge large sums to testify at trial, so it is proper for a non-expert to receive a modest amount of compensation, especially if she is fearful of adverse consequences from testifying. b) Yes, because the goal of the trial is to determine the facts of what happened, and it is important to have every material witness testify in order to corroborate the truth and impeach the false statements of others. c) No, because the lawyer offered the witness an unreasonably large amount of money. d) No, because the common law rule in most jurisdictions is that it is improper to pay an occurrence witness any fee for testifying apart from expenses.

d) No, because the common law rule in most jurisdictions is that it is improper to pay an occurrence witness any fee for testifying apart from expenses.

94. After obtaining a favorable verdict at trial, a client asked the court to award attorney's fees, which was permissible under relevant law. An attorney had represented the client throughout the litigation and now had to testify as a witness about the fees he had charged during the representing, authenticating, explaining, and justifying both the billable hours recorded on the timesheets and the lodestar rate for his legal services. Was it improper for the attorney to testify as a witness in the same proceeding in which he had represented a party as trial counsel? a) Yes, because combining the roles of advocate and witness can prejudice the tribunal and the opposing party and can also involve a conflict of interest between the lawyer and client. b) Yes, because a lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness. c) No, because the fact-finder has already rendered a verdict in the case. d) No, because the testimony relates to the nature and value of legal services rendered in the case.

d) No, because the testimony relates to the nature and value of legal services rendered in the case.

115. A government agency contacts an attorney, who works as in-house counsel for Corporation, and requests a report about some of Corporation's activities that come under the agency's regulatory jurisdiction. As the attorney begins to investigate the matter to prepare the report, he learns that the information requested by the agency will subject Corporation to significant regulatory enforcement sanctions, and if the information became public, would adversely affect Corporation's share price. At this point, the agency has not issued a subpoena and compliance with the request is voluntary, although the agency could compel the disclosure eventually. The managers and directors of Corporation instruct the attorney not to submit the report until the agency issues a subpoena, in order to buy some time to mitigate their regulatory violations. May the attorney prepare the report and submit it to the agency at this time? a) Yes, because a lawyer should have whatever latitude of investigation seems necessary as a matter of professional judgement. b) Yes, because the agency will inevitably subpoena the information anyway, and delaying merely provides the managers with an opportunity to conceal their wrongdoing. c) No, because even if the managers and directors consented to the disclosures, the attorney should not disclose information that will adversely affect the shareholders. d) No, because when a lawyer knows or reasonably should know that the evaluation is likely to affect the client's interests materially and adversely, the lawyer shall not provide the evaluation unless the client gives informed consent.

d) No, because when a lawyer knows or reasonably should know that the evaluation is likely to affect the client's interests materially and adversely, the lawyer shall not provide the evaluation unless the client gives informed consent.

99. A client consults with an attorney, a solo practitioner, about a family law issue. The attorney has never practiced family law, but has spent years as an attorney practicing strictly construction litigation issues. The attorney accepts the case, as he is only handling a few construction litigation cases at the time and could use the money this case will bring to his practice. The attorney believes he can get advice on how to handle the case from attorneys in the area who practice family law, and with whom he has good relationships. Is the attorney subject to discipline? a) Yes, because attorneys are required to have experience in an area of law before accepting a case to ensure the attorney is competent to represent the client. b) Yes, because attorneys are required to have assistance of other counsel when handling a case in an area of law in which the attorney is unfamiliar. c) No, because an attorney who is authorized to practice in a state may practice regardless of his or her legal knowledge and skill. d) No, even when a lawyer does not have to have (*does not have*???) prior experience to practice in a specific area of law, a lawyer can represent clients as long as they are able to provide competent representation.

d) No, even when a lawyer does not have to have (*does not have*???) prior experience to practice in a specific area of law, a lawyer can represent clients as long as they are able to provide competent representation.

Attorney worked for Big Firm in their intellectual property department, specializing in patent applications and patent enforcement, as well as some trademark disputes for clients. Unbeknownst to Attorney, the regular litigation department at Big Firm undertook representation of a Trucking company in defending against a personal injury lawsuit over a roadway accident involving one of the trucks. Attorneys worked in the Washington, D.C. office of Big Firm, near the United States Patent and Trademark Office, and the litigators handling the trucking accident are in the firm's Dallas office. Each office of Big Firm has its own local computer network for sharing documents and files between lawyers there. It is possible for lawyers at Big Firm to access the networks of other satellite offices, however, with a special login that most lawyers never use. Attorney has never accessed the files of the Dallas office except for one trademark case four years ago. Attorney did not make partner at Big Firm, so he left and went to work for a small plaintiff's firm in Kansas. One of Attorney's first case assignments was the same truck accident case in which Big Firm was defending Trucking Company; Attorney's new firm represents Plaintiff in the case. Attorney was not aware of the case or that Big Firm represented Trucking Company until the new firm assigned him to the case as second chair on the litigation. Is Attorney subject to disqualification in this matter? a) Yes, because even though Attorney did not have actual knowledge of confidential information about the trucking company, he had the ability to access the files if he had used a special login while he was at Big Firm, and this creates the appearance of impropriety. b) Yes, because Attorney's work in the patent enforcement division of Big Firm gave him some exposure to Big Firm's behind-the-scenes approach to litigation generally, as well as familiarity with Big Firm's litigators, thus providing Attorney with an unfair advantage, therefore both Attorney and the other lawyers in the new firm would be subject to disqualification. c) No, because Attorney now works for a firm in Kansas, and both offices of Big Firm mentioned were in other states, where many of the lawyers would not have licenses to practice law in Kansas, so Attorney would be subject to disqualification, but not the other lawyers in the new firm. d) No, if a lawyer while with one firm acquired no knowledge or information relating to a particular client of the firm, and that lawyer later joined another firm, neither the lawyer individually nor the second firm are disqualified from representing another client in the same or a related matter even though the interests of the two clients conflict.

d) No, if a lawyer while with one firm acquired no knowledge or information relating to a particular client of the firm, and that lawyer later joined another firm, neither the lawyer individually nor the second firm are disqualified from representing another client in the same or a related matter even though the interests of the two clients conflict.

55. A client fired an attorney after two weeks of representation, long before the matter was complete. Client had prepaid a large refundable retainer, against which the attorney was to draw his fees as the representation went on. The client therefore has fully paid her fees up to that point to the attorney. The attorney is very upset about the client discharging him without cause and believes it is unfair and wrongful. The attorney refuses to return the remainder of the fees, and refuses to turn over any documents from the representation to the client. Is it proper for the attorney to take this course of action, if indeed the client had no good reason to discharge him? a) Yes, because a client must obtain court permission to discharge a lawyer before the representation is complete. b) Yes, it is proper for an attorney to retain the remaining funds and the documents. c) No, it is improper for an attorney to retain the unused funds, but an attorney may withhold the documents. d) No, it is improper for an attorney to retain either the unused funds or the documents.

d) No, it is improper for an attorney to retain either the unused funds or the documents.

A lawyer worked for Big Law Firm and represented a certain client. Sometime after the conclusion of the case, the lawyer left Big Law Firm. Another potential client consulted with Big Law Firm after the lawyer left, and this new prospective client discussed a potential case with Attorney Andrews, another lawyer at Big Law Firm. The potential client's interests would be materially adverse to those of the first client of the lawyer who left the firm. Attorney Andrews at Big Law Firm accepts the new client's case. Can Attorney Andrews or other lawyers still working for Big Law Firm provide representation to the new client, according to the Model Rules? (SHOULD say "Is Attorney... PROHIBITED from providing representation...") a) Yes, attorneys are imputed with knowledge of current to previous members of the firm, and attorneys with imputed knowledge shall not accept cases of potential clients whose interests would be materially adverse to those of a prior client of the firm. b) Yes, an attorney shall obtain the informed consent, confirmed in writing, of a client of a prior attorney's clients if the attorney is going to represent a different client with materially adverse interests. c) No, when an attorney leaves a law firm, the rules regarding conflicts of interest and imputation do not apply. d) No, prior attorneys' knowledge is not imputed unless the matter is the same or substantially related and another lawyer in the firm has information that is material to the matter.

d) No, prior attorneys' knowledge is not imputed unless the matter is the same or substantially related and another lawyer in the firm has information that is material to the matter.

128. An attorney has been practicing law for two years, and has represented some law school graduates in their appeals before the bar when the Board of Law Examiners had denied the applications for licenses on character or fitness grounds. A former law school classmate who was a first-year student when the attorney was a third-year student visits the attorney in his office. The former classmate was on law review and graduated near the top of the class, but now he expresses concern about the character portion of the bar application. "I need you to represent me before the Board of Law Examiners," the former classmate said. The attorney asks the classmate to explain the problem. The classmate then explains a history of heroin addiction in college, which led to a criminal conviction and a period of incarceration; but a successful rehabilitation program enabled the student to beat this addiction and live drug-free throughout law school. The classmate does not want to disclose this on the bar application. The attorney declines to represent the former student, and later receives a call from the bar examiners inquiring about this former classmate's character and fitness. The attorney then recounts everything the classmate said about the past addiction and criminal conviction. Was the attorney's conduct proper in this situation? a) Yes, a bar admission is a delineated exception to the usual attorney-client relationship, so confidentiality and privilege do not apply. b) Yes, because no attorney-client relationship exists until the parties sign a retainer, so the confidentiality rules do not apply here. c) No, as the student did not actually ask the attorney to write a recommendation letter or get involved in the matter, but was just seeking advice. d) No, the former classmate here was a prospective client, and the attorney owed a duty of confidentiality, even though no representation occurred.

d) No, the former classmate here was a prospective client, and the attorney owed a duty of confidentiality, even though no representation occurred.

96. Unable to find a convincing defense for his criminal client, the defense lawyer began to think about desperate measures. He felt an overwhelming duty to rescue his client from a long prison sentence, no matter what. Just before the close of evidence, the lawyer raised a defense of entrapment. The defendant had not been the target of a sting operation, and there was no evidence that the police had offered any inducement to commit the crime, which was an aggravated assault on a family member. The prosecutors immediately objected that the defense counsel should have raised this earlier, and the judge quickly dismissed the claim as unfounded and told the lawyer to move on. He next tried stalling, and he told the judge he could prove someone else committed the crime if there could be more time. This was a complete fabrication, and the judge asked several searching questions, but the lawyer was insistent. The judge denied the request for more time. Then the lawyer claimed that he also wanted to challenge the constitutionality of the assault statute itself, claiming the Second Amendment's right to bear arms implied a right to assault people with a weapon under a wide range of circumstances. The judge laughed and agreed to give him two weeks to brief the issue in order to preserve it for appeal. The next day, the lawyer held a press conference, in which he claimed the judge was biased and that it was clear that someone else had committed the crime and had framed his client. a) The lawyer could not be subject to discipline because his claims did not affect the outcome of the case - the court rejected two of them, and the third is nearly certain to fail as well. b) The lawyer could not face discipline for requesting more time, regardless of the reason, nor for raising a constitutional challenge, which is a protected liberty interest, but could face discipline for the frivolous and untimely attempt to claim entrapment, as well as the comments at the press conference. c) The lawyer could face discipline for the fabrication attempt to delay the proceedings and for the frivolous constitutional argument, but not for the comments at the press conference or for raising the entrapment defense, which does not require a showing of supporting facts. d) The lawyer could face discipline for the press conference, for raising the entrapment defense, for the request to have additional time, and for raising the constitutional claim.

d) The lawyer could face discipline for the press conference, for raising the entrapment defense, for the request to have additional time, and for raising the constitutional claim.

An attorney spent several years working on the state intermediate appellate court as one of its nine justices in a state in which such judges run for election in the general elections every four years. When the attorney ran for re-election, she lost, and needed to return to private practice. The client wants the attorney to represent her in her appeal of a state trial verdict. The case previously came up on appeal before the state intermediate appeals court, but the attorney was not on the panel that decided that case. The state Supreme Court subsequently reversed the decisions of both the appellate court and the trial court, and remanded the case for a new trial. The new trial resulted in an unfavorable verdict for the client, so she wants to appeal the case again. Would it be proper for the attorney to represent her in this matter? a) No, because the appeal will come before the very court for which the attorney worked as a judge, and the panel could include some of the attorney's former colleagues. b) No, because the state Supreme Court already reversed the decision of the state intermediate appellate court, so it is improper for the client to appeal the remanded cases back to the same state intermediate appellate court again, as this could thwart the intentions of the Supreme Court. c) Yes, because it was not the judge's fault that the state Supreme Court reversed the previous appellate decision, making a new trial and subsequent appeals necessary, and that the opposing party has not settled the case in the meantime. d) Yes, because a judge who was a member of a multimember court, and thereafter left judicial office to practice law, is not prohibited from representing a client in a matter pending in the court, but in which the former judge did not participate.

d) Yes, because a judge who was a member of a multimember court, and thereafter left judicial office to practice law, is not prohibited from representing a client in a matter pending in the court, but in which the former judge did not participate.

70. While conducting research on a litigation matter, an attorney finds a very new case from the highest court in his jurisdiction that is directly adverse to his client's legal position in the case. The opposing party did not mention the case in its briefs, and the attorney realizes that the opposing party's lawyer has been recycling his firm's briefs for this type of case for several years without updating his research. Does the attorney have an ethical duty to disclose the unfavorable binding precedent to the court? a) No, because it is the other lawyer's duty to find the cases favorable to his own side, and providing the research to the opposing side is facilitating the other lawyer's neglect of diligent representation. b) No, because it would be a breach of the attorney's duty of loyalty to his own client to disclose a case unnecessarily that undermines their position. c) Yes, because it is very common for litigators to recycle their briefs for years at a time, and everyone should help each other out with updating their legal research on issues that arise frequently in that area of litigation. d) Yes, because a lawyer must disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.

d) Yes, because a lawyer must disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.

149. In anticipation of a hearing before a federal agency in Washington, D.C., an attorney travels to a Washington suburb in Virginia from her own state to meet with her client (from her home state), interview witnesses, and review relevant documents. The attorney makes weekly trips there over the course of a year, and spends most of her workweek there each time (four or five days), as the agency hearing pertains to a complex antitrust matter. The attorney solicits no new clients there, but works only on the matter for the client from her home state, but is nonetheless unlicensed in Virginia. Is the attorney's conduct proper? a) Yes, the rules pertaining to unauthorized practice of law do not apply to any federal agency hearings. b) No, because her activity there continued for a full year, and therefore is not "temporary," so she is engaged in the unauthorized practice of law. c) No, because she is spending more time there than in her home state where she holds a license, despite this being a temporary arrangement. d) Yes, because a lawyer rendering services in a foreign jurisdiction on a temporary basis does not violate the rules merely by engaging in conduct in anticipation of a proceeding or hearing in a jurisdiction in which the lawyer is authorized to practice law.

d) Yes, because a lawyer rendering services in a foreign jurisdiction on a temporary basis does not violate the rules merely by engaging in conduct in anticipation of a proceeding or hearing in a jurisdiction in which the lawyer is authorized to practice law.

51. An attorney agree to represent a client in a divorce proceeding against her husband. The client is particularly concerned about obtaining her fair share of the marital property or assets - as much as possible, in fact - as well as a suitable level of child support for their children. The client agrees to pay the attorney his usual flat fee for divorce cases, $5,000, but also offers to pay him 10 percent of whatever he wins in terms of payments and distribution of assets, on top of his usual fee. After a protracted, acrimonious divorce proceeding, the attorney obtains a settlement worth approximately $2 million for the client. Is the attorney subject to discipline in this scenario? a) No, because the client proposed the arrangement and agreed to it beforehand. b) No, because the contingent fee was much lower than the typical contingent fee in personal injury cases, and the trial was protracted and acrimonious. c) Yes, because the attorney entered into a mixed flat-fee/contingent-fee arrangement, which is improper under the Rules of Professional Conduct. d) Yes, because the attorney entered into an arrangement for a fee in a domestic relations matter, the amount of which was contingent upon the amount of alimony, support, or property settlement.

d) Yes, because the attorney entered into an arrangement for a fee in a domestic relations matter, the amount of which was contingent upon the amount of alimony, support, or property settlement.

85. A client is struggling through a deposition, during which opposing counsel is subjecting him to intense questioning. The attorney, who represents the client, tries objecting a few times in order to break the opposing counsel's momentum, but it was to no avail. The attorney then stood up, shouted, and with a heave overturned the conference table around which the lawyers, court reporter, and deponent were sitting. Notes, cell phones, and open briefcases flew across the room, and the stenographer's equipment tumbled to the floor. The attorney and the client gathered their things and stormed out of the room. A few days later, the attorney called opposing counsel and halfheartedly apologized, and agreed to reschedule the deposition if opposing counsel would agree to behave himself this time. Opposing counsel reported the attorney to the state bar disciplinary authority. Could the attorney be subject to discipline for the way in which he disrupted the deposition? a) No, because the disruption was merely at a deposition, which is not as formal as a trial or hearing. b) No, because his response was appropriate given the aggressiveness of opposing counsel in the deposition. c) Yes, because the attorney did not properly apologize for his own conduct or take responsibility for his actions. d) Yes, because the duty to refrain from disruptive conduct applies to any proceeding of a tribunal, including a deposition.

d) Yes, because the duty to refrain from disruptive conduct applies to any proceeding of a tribunal, including a deposition.

Lucille Bluth hires attorney Wayne Jarvis to represent her and her family in a complex federal case involving the family business and charges of securities fraud and racketeering. Early in the representation, Lucille and the lawyer, Wayne, start dating and become sexually involved, to the consternation of the rest of the family. Lucille and Wayne rationalize the relationship by saying that they each have "needs" that their new romantic partner meets, and they have even discussed marriage as an eventuality. Is the lawyer subject to discipline for this relationship? a) No. the Constitution does not allow a state bar or the judiciary to interfere win private matters such as a lawyer's consensual sexual relationships. b) Yes, the lawyer is representing the other family members as well, and they disapprove of the relationship at this time; if they approved of the relationship, it would be fine. c) No, because it appears this will be a long-term or permanent relationship, perhaps leading to marriage, so there is very little risk of the lawyer exploiting his client or the lawyer having clouded judgement. d) Yes, unless the sexual relationship predates the beginning of legal representation, the lawyer absolutely cannot represent a client with whom he has such a relationship.

d) Yes, unless the sexual relationship predates the beginning of legal representation, the lawyer absolutely cannot represent a client with whom he has such a relationship.