MPRE

A judge who deals exclusively with criminal matter is named in the will of a deceased uncle as the personal representative of the uncle's estate. The judge was very close to the uncle while growing up, but the judge has had almost no contact with the uncle for the past 5 years. The judge would like to serve as both the personal representative of the estate and as the lawyer for the estate in probate court. Which of the following is a correct statement regarding the judges ability to serve as the personal representative of the uncles estate and as the lawyer for the estate in probate court?

It is not proper for the judge to serve as either personal representative or lawyer for the uncles estate.

During the course of a personal injury trial, the judge inadvertently learns, from a careless courthouse conversation between the plaintiff and one of his attorneys, a partner in a law firm, that they had consensual sexual relations for the first time the previous night. An associate in the partners firm is serving as co-counsel for the plaintiff. The associate is competent to represent the plaintiff without the assistance of the partner. The client expressly requests that both lawyers be permitted to continue to represent him. Should the judge allow both lawyers to continue representing the client?

No as to the partner, because sexual relations with the client creates a conflict of interest; but yes as to the associate, because the partners conflict is not imputed to the associate.

An attorney engaged in ligigating a negligence action against a toy manufacturer on behalf of a client who had been injured playing witth the toy sought the help a private investigator to assist in developing the case. Knowing that the attorney was woking on a continent fee bassi, the private investigator proposed that the attorney enter into a reasonable compensation agreement under which one-thind of any fee that the attorney obtained as a result of the litigation would be paid to the private investigator. In the event that no fee was obtained by the attorney, the private investigator would not be paid. Is it proper for the attorney to enter into such an agreement with the private investigator?

No, because an attorney is not permitted to share his fee with a non-lawyer.

An attorney adeptly represented the buyer in a real estate transaction. As part of the transaction, the attorney was responsible for obtaining title insurance for the property. The title insurance company required the buyer to sign an indemnification agreement before the company would issue the insurance. The company sent the agreement to the attorney, who forwarded it to the buyer, but the buyer neglected to return the agreement to the attorney. More than one year passed before the attorney contacted the buyer and title insurance on the property was obtained. No one has asserted a claim to the property. Were the attorneys action with respect to the real estate transaction proper?

No, because the attorney failed to act with reasonable diligence and promptness in representing the buyer.

An attonrey learns from a third party that a longtime perennials friend whom the attorney knew was in financial difficulty has filed a perennial bankruptcy petition pro se. The attorney calls his friend and offers his legal services to the friend at a reduced rate. The friend rejects the attorneys offer and requests that the attorney not contact him again about the matter. Subsequently, the attorney and the friend both attend a local sporting event. Noticing the friend, the attorney initiates about the status of the friends bankruptcy matter and renews his offer to provide legal services. Reconsidering the issue, the friend accepts the attorneys offer. Are the attorneys actions proper?

No, because the attorney failed to honor his friends request not to contact the friend again about legal representation.

An attorney who practices as a member of a limited liability firm has been retained by a corporation to prepare a securities offering. After working on the matter for one month, the attorney began a consensual sexual relationship with an assistant to the VP of the corporation. While the attorney has regularly consulted the assistant about the offering, the assistant does not have supervisory authority over the attorney. May the attorney continue representation of the corporation?

No, because the attorney has engaged in a sexual relationship with a corporate employee with whom the attorney regularly consults about the securities offering.

An accountant contacted an attorney to determine whether several matters in which the attorney was assisting a client should be considered liabilities on the clients books. The client authorized the evaluation. The attorney had not yet had the time to consider all of the clients records that would be relevant to the accountants inquiry, and the client refused to produce the records in a timely manner, telling the attorney that there was information in the records he wanted the attorney to see only after he provided his evaluation to the accountant. When the attorney provided the report of the evaluation to the accountant, he made no mention of the unexamined records. Were the attorney's actions proper?

No, because the attorney should have described the unexamined records in the attorneys report to the accountant.

An attorney represented a criminal defendant in a murder trial. While interviewing the defendant in preparation for the trial, the attorney became suspicious that his client was, in fact, guilty of the murder. Throughout the attorneys excessive questioning of the client, however, the client maintained his innocence. The client insisted that the attorney allow him to testify at trial. The attorney believed, but was not certain, that his client would commit perjury if allowed to testify, but the client swore he would tell the truth. The attorney put the client on the stand and questioned him thoroughly about his involvement in the murder. The clients testimony was consistent with what he had told the attorney previously. The jury found the client not guilty. Immediately after the trial, the client thanked the attorney for letting him testify. He boasted to the attorney that everything he had said while on the stand was a lie and that he was actually guilty. The attorney was distraught over the defendants behavior, but he took no action. The jurisdiction has no laws that superseded the Model Rules of Professional Conduct. Is the attorney subject to discipline for his failure to inform the court of his clients perjury?

No, because the proceedings had concluded at the time that the attorney learned of his clients perjury.

An attorney, who had worked for a corporation for 10 years, was in charge of supervising several new attorneys. The attorney assigned several small contract matters to each of the new attorneys to come to him if they had any questions about their assignments. All of the contracts went out without the attorney having reviewed any of them. One of the new attorneys negligently failed to include an important choice-of-law provision meant that the plaintiff was able to bring an action in a very unfavorable jurisdiction, costing the corporation millions of dollars. Which of the following statements is true?

The attorney is subject to discipline for failing to make reasonable efforts to ensure that the supervised attorneys conduct conformed to the model rules.

A women who claimed she had been severely injured on a construction job site asked an attorney to represent her in a civil lawsuit against the owners of the site and the construction company. The woman indicated that she was recently unemployed and that she had no ready money to pay for the costs of the action. She said that she could mortgage her home or sell some family heirlooms, but that coming up with funds to begin the litigation would take her some time. The attorney told her that he would advance the costs of filing suit, including the costs to obtain medical examination to determine the extend of damages the women had suffered, but that such costs would be recoverable by him from any judgment he secured on her behalf, along with his reasonable contingent attorneys fee. the women signed a costs and fee arrangement assenting to these terms. Are the attorneys actions with regard to the cases proper?

Yes, because advancement of these particular costs on a continent basis are permissible.

An attorney brought a products liability action against the manufacturer of an appliance on behalf of an individual who was seriously injured while using the appliance. The attorney and his client agreed to a fee arrangement. Under this arrangement, the attorney's fees were contingent on the outcome of the case, and the attorney agreed t pay the litigation expenses as they arose, with the client being obligated to repay the attorney only if the action was resolved in a manner favorable to the client. Immediately before the action was to be tried, the manufacturer agreed to pay the attorneys legal fees and to reimburse the attorney for litigation expenses incurred in pursuing the action. In addition, as a condition of the settlement, the attorney was obligated to return this amount to the manufacturer in the event that the attorney represented another person injured by the same type of appliance in an action against the manufacturer within the next three years. After discussing the terms of the settlement agreement with the attorney, the client directed the attorney to accept it. Both parties and the attorney signed the settlement agreement. Is the attorney subject to discipline for agreeing to the terms of the settlement?

Yes, because the agreement restricts the attorney's right to practice.

Hoping to gain favorable judicial appointments, a law firm made campaign contributions to the campaign committees of all the of the state trial court judges up for re-election. After one of these judges was re-elected, the judge appointed an attorney from the firm as an uncompensated special master in a property dispute. Is it proper for the attorney to accept the appointment from the judge?

Yes, because the appointment is uncompensated.

A law firm represented residents who were opposed to the rezoning of a nearby undeveloped parcel of land from a rural to retail. A newly hired associate was signed to work on the case. The associate had previously worked for another law firm, where she had participated in the representation of the landowner in securing the environmental permits necessary for the development of the parcel. The associate, after discussion the matter with the supervisory partner at her firm, accepted the assignment. Even though the associate believed that accepting the assigned violated the conflict of interest rules, the partner concluded that there was not a conflict of interest and that, consequently, the consent of the landowner was not required. When the landowner learned that the associate was working with the residents, he notified the appropriate disciplinary authority. Subsequently, the partner was disciplined for violation of the conflict of interest rules. Is the associate also subject to discipline?

Yes, because the associates participation in the representation of the residents clearly constituted a conflict of interest.

An attorney met with a couple, who were close personal friends of the attorney but had never been clients, regarding the attorney's representation of the couple in an adoption proceeding. The three discussed and agreed upon the legal services that the attorney would render and the flat fee, which was reasonable, that the attorney would charge. The attorney promised to prepare and send the couple a written memorandum of their agreement, but though an inadvertent oversight failed to do so. Upon the successful completion of the adoption proceeds, the attorney sent the client a bill. In accordance with the attorneys normal practice, the couple was charged, in addition to the agreed upon fee, litigation expenses and court costs, both of which were reasonable in amount. Is the attorney subject to discipline for his actions?

Yes, because the attorney failed to discuss with the couple that the couple would be responsible for litigation expenses and court costs.

An attonrey successfully represented a plaintiff in a perosnal injury action to recover damages incurred by the plaintiff. The defendant paid the amount of the judgement by check to the attorney. After the verdict, but before the attorney received the check, the clients health insurance company contacted the attorney. The company asserted that, by contract with the client, the company had a right to be reimbursed for payments it made pursuant to the insurance policy to medical care providers who treated the client for injuries received as a consequence of the accident. The amount for which the company sought reimbursement was apron 25 percent of the amount of the verdict. The attorney discussed the company's claim with her client, who insisted that the attorney pay the full amount of the settlement less the amount due to the attorney to the client. Aware that, under her contract with the client, she was entitled to her fee as well as reimbursement for litigation expenses and court case that she had advanced to the client, all of which were reasonable, the attorney, upon receipt of the check, cashed it and retained her fee as well as an amount equal to the litigation expenses and court costs. The amount retained by the attorney was equal to apron 35 percent of the verdict. Also aware that the applicable law was clear that the company was entitled to be reimbursed, but unsettles as to the amount of the reimbursement, and aware that the attorney had a duty t protect the company claim from wrongful interference by the client, the attorney placed the remainder of the recovery in an escrow account. She promptly and properly informed both the company and client of her actions and provided a full accounting to each. Subsequently, the attorney filed an interpleader action with respect to the funds in escrow and named both the client and the company as claimants. Is the attorney subject to discipline for her actions?

Yes, because the attorney failed to pay the funds that were not in dispute to the client.

A local school board is considering the purchase of new equipment. At a public meeting during which the purchase is discussed, an attorney speaks in favor of the purchase. The attorney truthfully states that she is the parent of a student who attend one of the schools that would receive the new equipment. The attorney, acing in accordance with her clients instructions, does not reveal that she has been employed by a manufacturer of the equipment to speak on behalf of the purchase at the meeting. Is the attorney subject to discipline with regard to addressing the board?

Yes, because the attorney failed to reveal that she was representing the client.

Pursuant to state law, a judge in juvenile court appointed an attorney as guardian ad litem to represent a child who was the subject of a physical abuse investigation. Since the child's family was indigent, the attorney would be compensated by the state at a rate that was less than half of his normal rate. The attorney declined the appointment on the grounds that, although he was competent to represent the child due to past representations of similarly situated clients, he had recently ceased to practice in the area of juvenile law. In addition, the attorney asserted that he was not required to provide legal services to persons of limited means at a substantially reduced fee from his standard fee and that a member of the firm with which the attorneys sister is a lawyer had been appointed to represent the alleged abuser. Is the attorney subject to discipline for his refusal to represent the child?

Yes, because the attorney has a duty to accept a court appointment.

After retirement, a former government attorney represented various clients on a pro bono basis, including an immigrant from a foreign country who sought to change her immigration status from visitor to resident alien. As part of the process, the immigrant had to return to her country of origin. Fearful of being unable to return to the US due to the machinations of her husband, who continued to live in the forign country, the immigrant illegally sought a US passport, which she could use to reenter this country should a problem develop. The immigrant obtained a birth certificate from a friend who was born in the US. The attorney accompanied the immigrant to apply for a passport and signed an affidavit as an identifying witness that the immigrant, in fact, the friend. It is a crime to knowingly and willfully make a false statement in a passport application or supporting documents. Is the attorney subject to criminal liability for his actions in this matter?

Yes, because the attorney made a false statement in a document supporting a passport application.

An attorney, who was well known in the community for previously representing a celebrity in a high-profile murder case, regularly served as a guest speaker at various legal seminars. At a criminal law seminar, he presented a hypothetical in which he never named his high-profile former client but outlined all the facts relevant to the murder case. Many of the facts he referenced were widely known among the general population, and many of the participants in the seminar rightly assumed that the attorney was talking about his celebrity client. Were the attorney's actions with regard to disclosure improper?

Yes, because the attorney presented facts that allowed the participants to identify the client.

An attorney successfully pursued an action on behalf of a well-known client who was injured in an automobile accident. The attorney, realizing the value of the client's recommendation of her legal services, offered to forego a portion of her fee in exchange for the client appearing in a commercial that was broadcast on several stations in the local television market. In the commercial, the client truthfully and honestly recommended use of the attorney's legal fees for individuals wrongfully injured in an automobile accident. The attorney also appeared in the commercial and stated that her practice was limited to representing plaintiffs in personal injury actions. Is the attorney subject to discipline for her actions?

Yes, because the attorney reduced the clients fee in exchange for the clients recommendation for her services.

An attorney took out an advertisement in a local newspaper, which stated that the cost of his services was "50 percent cheaper than the customary attorney fees in town." The attorney never researched the fees of other attorneys in the area, but he planned to reduce his own fees to half of any such fees if and when a potential client brought them to his attention. Would the attorney's actions subject him to discipline?

Yes, because the attorney's claims regarding his rates were unsustained and specific.

An attorney represented a shopkeeper who was trying to sell his business, and was approached by an interested buyer. The attorney told the potential buyer that she believed the the opportunity to purchase the business would be brief because the business was being offered at a very low price. In fact, the attorney believed that the business was priced too high and that the shopkeeper would have difficulty selling it for that reason. Was the attorney's statement to the potential buyer proper?

Yes, because the attorney's statement did not constitute a statement of fact.

At the urging of his family members, a newly-licensed attorney made an appointment with his primary-care physician to discuss the attorney's binge drinking. The attorney was diagnosed by he physician as an alcohol abuser. The physician referred the attorney to a psychologist for a series of one-on-one counseling sessions spread over the next two months, Before the completion of the counseling sessions, the physician opined that the attorney's problem would materially impair the attorneys ability to represent a client. Prior to the beginning of the counseling sessions, a potential client contacts the attorney about representing her with regard to a possible adverse possession claim on certain real property with which she is concerned. Although he has never handled an adverse possession claim before, the attorney feels confident that he understands the law regarding adverse possession actions and can become familiar with the necessary procedures for filing and pursuing the action in a timely manner. In discussing the matter with he attorney, the potential client reveals sufficient information to allow the attorney to conclude that the potential clients adverse possession claim would likely ripen within the next three to four months. Eager to acquire title to the property as soon as possible, the potential client suggests that she would be willing to testify falsely that she had entered the property in question prior to the time that she had actually done so. The potential client then requests that the attorney represent her in an action to acquire title to the property by adverse possession. Must the attorney decline to represent the potential client?

Yes, because the attorneys alcohol abuse presently materially impairs his ability to represent the potential client.

Looking to earn extra money, an attorney with personal injury defense expertise signed up to participate as a legal services provider for a pre-paid legal poplin administered by a local insurance company. Under the terms of the contract that the insurance company and the attorney signed, the company agreed to telephone all persons who were known to need personal injury defense representation as a result of claims filed with he company accident insurance division and provide the attorneys name and contact information and information about joining the pre-paid program. Is the attorney subject to discipline for participating in the plan?

Yes, because the company would be engaging in improper telephone contact to solicit members in the plan from persons known to need specific services covered by the plan.

An attorney entered into an agreement with a resident alien o represent her in a deportation hearing before the Immigration Court. The attorney filed a notice of entry of appearance with the court. Prior to the hearing, the attorney received a letter form the resident alien discharging the attorney. The attorneys conduct had not given the resident alien a reason to discharge the attorney. In the letter, the resident alien indicated she would secure the serviecesof another lawyer, but did not diclisethe identity of this lawyer. Acknowledging the discharge, the attorney send a termination letter by certified mail, restricted delivery, to the resident alien at the only address the attorney had for her. The letter, which contianedthe information mandated by the Immigration Court rules, including the date, time, and place of the hearing, and the consequences of failing to attend the hearing, was returned to the attorney as undeliverable. Other attempts to contact the resident alien proved fruitless. Despite the resident aliens expressed intent to obtain alternate counsel ,the attorney was not served with a motion for substitution of council by another lawyer. Consequently, the attorney appeared at the schedule hearing, which the resident aline did not attend, and orally moved to withdraw as the attorney of record. The court refused to permit the attorney to withdraw. The attorney presented the available evidence in light most favorable to the resident alien, but the court ordered the deportation of the resident alien in absentia. Was the attorneys representation of the resident alien at the hearing proper?

Yes, because the immigration court refused to permit the attorney to withdraw from representing the resident alien.

A trial court judge serves as the president of a not for profit charitable organization that provides relief to victims of natural disasters. It is unlikely that the organization will be engaged in proceedings that would ordinarily come before the judge or the court of which the judge is a member. As president, the judge receives reasonable compensation that is commensurate with the judges service as president. Following a spate of natural disasters that have depleted the organization's funding, the organization decides to seek additional funding through a grant from a charitable trust. The grant application requires the president of the organization to sign the grant application on behalf of the organization. The judge signs the application, indicating that she is president of the organization, but does not indicate that she is a judge. Are the judges actions with regard to the not for profit charitable organization improper?

Yes, because the judge may not engage in the fundraising activities on behalf of the not for profit organization as described in these facts.

A businessman contracts an attorney, who was a sole practitioner, about representing him before a governmental board. Due to a conflict of interest arising from the attorneys recent service on the board, the attorney declines to represent the businessman in the current matter. Instead, the attorney offers, for a reasonable fee, to refer the businessman to another lawyer who is experienced in handling such matters. The businessman agrees and pays the attorney the agreed upon fee. The attorney supplies the businessman with the name of the other lawyer, whom the businessman then employs to represent him before the board. Is the attorneys action proper?

Yes, because the referral fee was reasonable.

A law firm learned that one of its partners had recently begun a sexual affair with the VP of the legal department of a corporate client she was representing in a high-profile, multimillion dollar contract defense case. When questioned about the affair by the governing committee of the firm, the attorney produced a signed waiver from the chairman of the board of the corporate client indicating that the board of directors had been advised of the potential conflict of interest by the VP and waived any conflict. Is the attorney subject to discipline?

Yes, because the sexual relationship is prohibited, and the conflict cannot be waived.

An attorney, upon graduation from law school and passing the bar exam, was admitted to practice in State X. Immediately following graduation, the attorney served as a law clerk for a judge on the highest court of State X. After completion of her employment as law clerk, and without the knowledge of the judge for whom she clerked, the attorney sent a letter to all trial lawyers who practiced in the state. The letter recounted the attorneys legal experience, truthfully indicated that the attorney intended to specialize in appellate law, and offered the attorneys services to handle the appeal of cases that had been litigated by the trial court lawyer. State X's rules of professional conduct for lawyers are identical in all relevant respects to the ABA model rules of professional conduct. Was the attorneys letter proper?

Yes, because the statements in the letter neither false nor misleading as to the attorney or her services and because the attorney is permitted to communicate an area of the law in which she specializes.

An attorney represents a client in a personal injury case resulting form a car accident in which the client sustained injuries. The information the attorney has collected while preparing the case includes a copy of the police report, a public, records, completed at the scene of the accident. The client is also involved in a workers compensation case for unrelated injuries, and has retained a separate lawyer for that case. The workers compensation attorney contacts the personal injury attorney and asks for a copy of the police report, to save him the trouble of contacting the court and obtaining a copy himself. Would providing a copy of the police report to the workers compensation attorney subject the personal ingrate attorney to discipline?

Yes, unless the personal injury attorney receives informed consent to do so from the client.

An attorney was contacted by a family member of an individual who was near death to prepare a will. After speaking briefly with he individual, the attorney drafted a document and oversaw its execution. After the death of the testator, the validity of the will was successfully challenged. The attorney was then sued for malpractice based on her alleged negligence. Which of the following standards is applied to determine whether the attorney's conduct complied with the duty of care?

Did she act with the competence and diligence normally exercised by lawyers in similar circumstances?

An attorney, who herself had been the subject of sexual discrimination, represented an employee in a civil sexual discrimination case against her employer. The attorney told the jury, "I believe that sexual discrimination is rampant in this country and should be eliminated. If ever there was a just cause, my client's case is it." Is it proper for the attorney to make this statement?

No, because a lawyer, in addressing the jury, may not give her personal opinion as to the justness of a cause.

A defendant was convicted of the murder of a celebrity. One year after the conviction, a man came into a police station in a different state and confessed to the murder of the celebrity. A prosecutor in that jurisdiction questioned the man after obtaining a copy of the case file. The prosecutor determined that the man did not know several details about the murder and that the man seemed mentally unstable. The prosecutor let the man go and did not disclose information about the confession to the convicted defendant or the appropriate authority because he believed that it was a false confession. Would the prosecutor's action in failing to disclose information about the confession subject him to discipline?

No, because a prosecutor is not subject to discipline if he makes a good-faith, independent judgment that new evidence does not require action.

A defendant was convicted of murder after waiving his right to counsel and representing himself at trial. The defendant's juvenile record showed that he had sustained severe physical abuse during his childhood and adolescence. The prosecutor had a copy of the defendant's juvenile record, which he provided to the defendant before sentencing. Although past physical abuse is recognized as a mitigating factor for sentencing in the jurisdiction, neither party presented evidence of the defendant's past abuse at the defendant's sentencing hearing. Was the prosecutor's failure to introduce evidence of the defendant's past abuse proper?

No, because a prosecutor must disclose to the court unprivileged mitigating information known to the prosecutor at sentencing.

A sole practitioner who specialized in family law shared office space with a criminal defense attorney. When the family law attorney's clients required legal representation in a criminal matter, he referred them to the criminal defense attorney. Likewise, when the defense attorney's clients sought counsel for a family law matter, he referred them to the family law attorney. Because this arrangement had been fruitful, both attorneys decided to change their signs and letterhead so that they listed both attorneys' names and read "Specializing in Family Law and Criminal Defense." Were the attorneys' actions in changing their signs and letterhead proper?

No, because attorneys may not imply that they practice in a partnership when that is not the case.

An established law firm located in a state capital focused mainly on litigation, but it also provided legal services related to lobbying, The firm created a lobbying department and hired a former state legislator, who was not an attorney, to head the department. The former legislator received as compensation a percentage of the fees from all services provided to cleanse that he brought to the firm, including any legal services, but he did not direct the professional judgment of the attorneys in his department , not was he made a partner. Is the law firm;s employment of the former legislator proper?

No, because attorneys may not share fees with non-lawyers, as provided by this agreement.

A client hires an attorney to represent her in a civil commitment proceeding initiated by the state. the client is now undergoing psychiatric evaluation to determine whether civil commitment should be ordered. The client told the attorney that she intends to commit suicide as soon as the tests are completed, and the attorney believes that the client will carry out the threat. Both suicide and attempted suicide are crimes in the state. The attorney considers informing the authorities of the clients threat, but decides not to do so. The client commits suicide the evening the tests are completed. Is the attorney subject to discipline for failing to report a future crime that ultimately resulted in the client's death?

No, because disclosure in this case was discretionary on the part of the attorney.

An attorney represented a father in a custody dispute with his ex-wife regarding their child. As a result of the custody proceeding, the father lose custody of his child. Subsequently, the father sued the attorney, asserting that the attorney failed to diligently represent him in the proceeding because she had taken on too many clients. At trial, the attorney seeks to disclose information she acquired from her client regarding his finances as evidence that he is suing because he is upset about the significant support payments he had to make. Is the attorney's disclosure of the financial information she acquired form her client proper?

No, because her client's finances are not relevant to the dispute.

The beneficiary of an estate, who was indigent, met with an attorney about the possibility of representing him in a dispute over his share of the estate. The attorney's secretary attended the meeting to take notes. After discussing the matter with he beneficiary, the attorney stated that she could not take the case because her reasonable fee would exceed the amount of the potential recovery. Later, the attorney learned from another attorney that the second attorney had agreed to represent the beneficiary. The attorney discussed the beneficiary's position with the second attorney, advising the lawyer of what she believed were some weaknesses in the case. Did the attorney who elected not to represent the beneficiary behave properly?

No, because she breached a duty of confidentiality she owed to the beneficiary.

An attorney who specializes in estate planning entered into a written agreement with an insurance agent. Under the terms of the agreement, the attorney agrees to recommend that his clients use the insurance agent to acquire life insurance whenever the attorney advices a client to have life insurance as part of the clients estate plan. Similarly, the insurance agent agrees to recommend the attorney to her clients whenever they ned the services of an estate planning lawyer. the agreement provides that the attorney and the insurance agent must each disclose to a client the existence and nature of the agreement. The agreement also provides that the attorney will not recommend another insurance agent to provide like insurance and the insurance agent will not recommend another lawyer to provide estate planning services. Was it proper for the attorney to enter into this agreement?

No, because the agreement was exclusive.

An employee contacted a newly licensed attorney about pursuing an appeal with reject to the denial of a workers compensation claim. The attorney explained to the employee her lack of experience in handling such matter, promised nevertheless to provide the employee with competent representation, and offered to represent the employee for a lower fee than other lawyers that the employee had approached about handling the matter. The engagement letter prepared by the attorney and signed by the employee included a clause that required the arbitration of any legal malpractice claims. The attorney discussed both he scope and effect of this clause with the client. The attorney diligently prepared for the appeal and competency represented the employee at the hearing on the workers compensation claim. However, the denial of the employees workers compensation claim was upheld. Is the attorney subject to discipline for her handling of this matter?

No, because the attorney achieved the necessary level of competence proper to the appeal.

A man hired an attorney to handle his divorce proceedings. The attorney had a general practice law firm and the man became so pleased with the attorneys representation that he hired the attorney to provide business advice to him as well. The mans business was soon to merge with a competitor and the attorney helped the man proper and negotiate the merger deal. The attorney and the man executed two separate representation contracts for the two different matters, and the man paid the attorney's fees out of two different accounts: a business account for the fees related to the merger and a personal account for the fees related to the divorce. Eventually, it became evidence that the merger was going much more smoothly than the divorce, and the man became displeased with the attorneys handling of his divorce case. The man soon stopped paying the attorney's bills related to the divorce, though he continued pain fees associated with the merger. The attorney, frustrated with he mans continued refusal to pay his fees for the divorce case, sued the man for payment. During the course of the trial regarding the divorce case, sued the man fro payment. During the course of the trial regarding the divorce fees, in addition to detailing the work he had provided to the man with regard to the divorce and the fees associated with that work, the attorney sought to testify to facts relevant to the merger case in the belief that reminding the man that he had sensitive information regarding the merger would make the man more likely to settle the dispute and pay his outstanding fees. Would testimony regarding the merger facts be proper?

No, because the attorney can only disclose facts relevant to the fee dispute.

An attorney for a defendant in a criminal case called the clerk of the court which the case had been properly filed. The attorney sought clarification s to the procedure by which the clerk of the court, who was an elected judicial official, assigned a case to a particular judge. After learning of the proceedure, which involved the assignment of cases though a random selection process, the attorney remarked that he didn't want his case assigned to a particular judge because the attorney knew that the judge had prior involvement in the matter that would disqualify the judge from hearing the case. The clerk indicated that she didn't have the authority to exclude the judge in question from the list of judges who were eligible to be assigned the case. When the case was assigned, the clerk, following established procedures, assigned the case to another judge. Was the attorneys conduct with regard to the assignment of a judge to the attorneys case proper?

No, because the attorney communicated ex part with a judicial official during the proceeding.

An attorney participated in a program sponsored by a nonprofit association to provide representation at no cost to low-income individuals involved in tax disputes with the IRS. The attorney who initially lacked the expertise necessary to properly represent such individuals, attended classes sponsored by an organization through which she gained sufficient knowledge of the tax law to competently represent such individuals. After satisfactorily representing several individuals referred to the attorney by the organization, the attorney learned from a friend about a store clerk with limited means who was involved in a dispute with the IRS regarding a previously claimed earned income tax credit. The attorney made a phone call to the store clerk, with whom she had no previous contact either professionally or personally, and offered to represent the store clerk without charge in her tax dispute with the IRS. Was the attorney subject to discipline for making the phone call?

No, because the attorney did no charge for her services.

An attorney regularly volunteered as an intake consultant for an established program run by a legal services organization. The program provided indigent individuals with limited shorter legal assistance. If it became apparent that na individual needed long-term representation, the intake consultant would recumbent that the individual consult an attorney and would provide a list of legal services organizations in the area. On one occasion, a woman who had received an eviction notion sought help from the program. The attorney gave her some general advice about how to avoid eviction and then recommended that she contact a private attorney or a legal services origination if she needed further assistance. The attorney later learned that the woman's landlord was a corporation represented in unrelated matters by partners in the attorney's firm. Did the attorney's actions in providing legal advice to the women subject him to discipline?

No, because the attorney did no know that his law firm represented the woman's landlord at the time he provided legal advice.

A union offered a group legal services plan for its members. An attorney seeking to generate more income contacted the union about becoming a provider of legal services through the plan. The attorney met face-to-face with a plan representative and discussed the attorney's participation in the plan, including the services the attorney would render and the compensation to be received. The union decided not to use the attorney's services. Is the attorney subject to discipline for this conduct?

No, because the attorney did not directly contact the union members who would be using the attorney's legal services.

An attorney performed all legal matters for a client for nearly 50 years. The client told the attorney that he planned to leave the attorney $10,000 in his will as a thank you for "becoming like a son to [him]." The attorney stated that he could not accept the gift. Unbeknownst to the attorney, the client secured another attorney to help him amend his will to provide the former attorney with a $10,000 gift upon the client's death. When the client died, the trustee of the estate gave this bequest to the attorney, and the attorney accepted. Is the attorney subject to discipline for his acceptance of the $10,000?

No, because the attorney did not draft the will.

An attorney was convinced that his client was suffering from dementia. The attorney spoke to his client's family physician and the client's only daughter to determine whether a guardian should be appointed to monitor the clients finances. These were the only discussions the attorney had ever had with either the physician or the daughter. In these discussions, the attorney revealed confidential information about a bank account maintained by the client before learning that the daughter and her mother were estranged because the daughter had stolen from her mother in the past. Was the attorneys revelation of the confidential information proper?

No, because the attorney did not first determine whether either the doctor or his clients daughter might act adversely to his client's interests.

An attorney represented an employee in a discrimination action against her employer. The employer filed a motion to dismiss the action as untimely. The attorney, in critically assessing the situation, determined that it was more likely than not that the judge would grant the employer's motion because there was not a current factual basis for the employee's position, but he reasonably believed that critical factual evidence could be developed during discovery in support of the employee's position. The attorney unsuccessfully contested the motion. Was the attorney's action in contesting the motion improper?

No, because the attorney expected to develop critical factual evidence that would support the client's position during discovery.

An attorney represented a buyer in the purchase of a settlement. The contract, which was drafted by the seller's lawyer, specified that a portion of the phase price ($25K) was to be held in escrow by the attorney until certain conditions were satisfied, including the transfer of a liquor license. The attorney received a check from the buyer for $25K of the purchase price. The attorney placed the check in the trust account that he maintained for his clients funds. Pursuant to the terms of the contract, the attorney timely filed the documents necessary to transfer the liquor license from the seller to the buyer. Upon learning from the proper local authorities that the transfer of the license had been approved, the attorney transferred $25K from the trust account to the seller. The seller did not ask and the attorney did not provide the seller with an accounting of the funds. Were the attorney's actions proper?

No, because the attorney failed to place the $25K in a separate escrow account.

An attorney representing a client in a divorce action sought to recover attorneys fees and other litigation costs from the opposing party as permitted by statute. After presenting evidence that the client was entitled to recover such fees and costs, the attorney called himself to testify about the nature and value of legal services he had rendered in the case. The opposing party lawyer, who planned to present her own evidence as to the value of such services through the testimony of another lawyer, objected to the attorney serving as a witness. the court overruled the objection. The opposing party lawyer then moved to disqualify the attorney and have him removed from the case. Should the court grant the opposing party motion to remove the attorney from the case?

No, because the attorney may testify as to the nature and value of the legal services rendered in the case.

An attorney, a newly licensed sole practitioner, opened a trust account at a local bank into which she deposited a check from a client that constituted an advance payment for future legal services to be rendered by the attorney. Subsequently, the attorney also deposited her won funds into the account in order to pay bank service charges on the account. The attorney did not deposit into the trust account an engagement fee received from another client. The engagement fee represented payment to the attorney for accepting the case, being available to handle the case, and agreeing not to represent another party in the case. The fee did not require the attorney to perform additional legal services. The attorney maintained records related to all account transactions in accordance with he state rules of professional conduct, which are identical to the ABA Model Rules of Professional Conduct. Is the attorney subject to discipline with regard to her actions concerning the trust fund account?

No, because the attorney properly kept her clients property separate form her own property and maintained the necessary records.

An attorney was sued by a client for malpractice. The client alleged that the attorney failed to reveal a conflict of interest that arose from the attorney's prior representation of another client. The former client refused to consent to the attorney's disclosure of information about that representation. Nevertheless, at a deposition, the attorney testified about the nature of that representation, revealing information to the extent that it was relevant to the conflict-of-interest issue. The attorney reasonably believed that the disclosure was necessary to his defense of the malpractice charge. Does such testimony subject the attorney to discipline for breach of the duty of confidentiality?

No, because the attorney reasonably believed that disclosure of the information was necessary to his defense.

A client during a conference with her attorney in his office about the clients pending divorce, threatened to kill her husband, from whom she was separated. Based on his knowledge of the client, the attorney believed his clients threat to be credible. The attorney warned the husband of the clients thereat. Despite the warning, the husband did not take the threat seriously. Shortly thereafter, the client shot her husband, seriously wounding him. Is the attorney subject to discipline for warning the husband of the threat?

No, because the attorney was reasonably certain that the disclosure was necessary to prevent death or serious bodily harm.

An attorney represented a client who was sued following a car accident. The attorney and her client discussed the allegations in the complaint, and the client denied the pllaintiff's assertion that the client had been speaking on his cell phone at the time of the accident. Relying on this information, the attorney filed a response to the complaint including such a denial. Later, the attorney, in reviewing the clients cell phone records, discovered that a call had been placed from the clients cell phone immediately before the accident. When the attorney confronted the client with this information, the client admitted that he had lied to the attorney. The attorney figured that the information would come out shortly, since the records were being produced to the plaintiff, and did not act upon it. Were the attorney's actions proper?

No, because the attorney was required to correct any false statement of material fact he made to the court.

A client retained an attorney to represent her in a personal injury lawsuit. A written agreement signed by both the client and the attorney provided that the attorney was entitled to a 20 percent contingency fee, plus all litigation expenses. The client later agreed to accept a $100,000 settlement. The defendant sent a check to the attorney for that amount, which the attorney deposited into a client trust account. The attorney notified her client that she had received the funds and that the attorney would be entitled to $25,000, which represented the contingency fee and expenses. The client objected, arguing that the claimed expenses were unreasonable and that she owed the attorney only $20,000. The attorney distributed $75,000 from the account to her client and told the client that the remaining $25,000 would be held in the account until the dispute over the party responsible for the litigation expenses was resolved. Were the attorney's actions proper?

No, because the attorney was required to distribute all undisputed amounts from the account.

A recently licensed attorney attended a fundraising event for a local judge running for reelection. The attorney attended the event to network with fellow attorneys and judges in the area. The attorney had a chance to speak with the judge for a long time, and was impressed with her. On his way out of the event, he stopped by the table being staffed by the judge's campaign committee and made a donation to support her reelection efforts. Two weeks later, the judge won her bid for reelection, and her staff posted an opening for a law clerk position. The attorney applied for the position, and when the judge subsequently interviewed candidates to serve as her law clerk, she noted that the attorney she met at the fundraising event was on the shortlist of potential clerks. The judge recalled the great conversation with the attorney that occurred at the fundraising event, and after interviewing him, she offered him the position. The attorney immediately accepted the position for a two-year term. Is the attorney subject to discipline for accepting the legal appointment?

No, because the attorney's contribution was not for the purpose of securing an appointment.

An attorney specializing in tax law was contacted by a man who requested some advice with regard to filing his federal income tax return for the year. The attorney invited the man to come to her office for an initial interview. During the interview, the man indicated to the attorney that he suspected that certain money he had received from an uncle was stolen in a recent bank robbery, and he wanted to know whether to report the money as income on his tax return. The bank robbery had been in the news, but no suspects had yet been arrested. The attorney advised the man to report the recipe pf the money to the police and then told the man that she would not be taking him on as a client. When the man left her office, the attorney called the police to inform them that she had information about the bank robbery. She gave them the mans name and told the police what had been said at the meeting. Were the attorneys actions in reporting the information to the police proper?

No, because the attorney-client privilege applied to protect the information provided by the man to the attorney.

An attorney was passionate about civil rights, but the jurisdiction in which he practiced was less progressive than he. The attorney accepted the case of a client whose claim was not supported by law within the jurisdiction. If the client had been able to bring the claim in another state, however, his claim would likely have been successful. the attorney accepted the claim despite his knowledge that the client would lose because he was confident that the media attention would provide momentum for a change of the law. He notified the client of the likelihood of losing, but the client wished to pursue the claim regardless. Is the attorney subject to discipline for bringing this suit?

No, because the case, even if unsuccessful, might lead to a change in existing law.

A stock clerk employed at a warehouse witnessed, but was otherwise not involved in, an accident between a truck and a car. The accident occurred while the driver or the truck was backing into the loading dock at the warehouse. The driver of the car sued the corporate owner of the warehouse and the truck driver, who was also an employee of the corporation, alleging that the truck drivers negligence was the cause of the accident.t The attorney hired to represent the corporation in the lawsuit learned that the stock clerk had witnessed the accident, and he interviewed the clerk. The clerks version of the accident did not correspond with he truck driers version and in several details it supported the car driver's explanation of the event. The attorney told the clerk not to discuss the accident with anyone, particularly the driver of the car or his attorney, unless contacted by either of them. Is the attorney subject to discipline fro given the clerk this instruction?

No, because the clerk was a warehouse employee.

A sole practitioner and her client, a plaintiff in a products liability case, entered into a proper, written contingency fee agreement. After it became evident that discovery would be voluminous and contain a great deal of technical information, the sole practitioner recommended to her client that they bring in a law firm that specialized in products liability. The client orally agreed, and the lawyer sent a written confirmation of their agreement to the client. The agreement did not specify how the fee would be allocated between the sole practitioner and the firm. Upon the successful conclusion of the lawsuit, the sole practitioner split the contingency fee, which was reasonable, with the other firm in proportion to the services rendered by each. Was the sole practitioner's action in splitting the contingent fee with the other firm proper?

No, because the client did not agree to the shares that the sole practitioner and the law firm were to receive.

An attorney brought an action to recover fees for services rendered to a client in a complex civil litigation matter involving the ownership of a business. The client filed a counterclaim against the attorney alleging negligent malpractice in the prior litigation. The client contended that the attorney failed, int he prior trial, to introduce into evidence documents obtained by the client as to the value of the business. Although the documents were relevant and favorable to the client, the documents were not produced in response to a court diver order due to having been misfiled by the attorneys otherwise competent and properly supervised, paralegal. As a sanction, the court prohibited the documents from being introduced into evidence, even though they were subsequently located. In the proper action, the court found, based on other evidence, that the value of the business exceed the amount supported by the documents, but the court reduced the amount that the client expected to receive for other reasons. Is the attorney subject to civil liability for the liability to introduce the documents into evidence?

No, because the client did not suffer a harm.

A defendant was on trial for felony theft. The evidence against the defendant was airtight, but the defendant refused the prosecutors plea offers. Instead, the defendant instructed his attorney to go to trial, and to "go all out" to get an acquittal. After reviewing the case, the attorney determined that he did not have a reasonable factual or legal basis on which to mount a defense, but he decided to attack the prosecutions case in chief by arguing that the prosecutor failed to prove all the elements of the underlying felony. The attorney followed this plan at trial and argued to the jury in his closing statement that they should acquit because the prosecution had failed to prove those elements. Were the defense attorneys actions improper?

No, because the client was a criminal defendant.

An attorney with many years of experience in family law matters was serving as a mediator selected by a husband and a wife in an effort to help them agree on the terms of a joint custody agreement regarding their children. After several days, an agreement could not be reached. The parties indicated that they would be giving up on mediation and turning to the court for a decision on the terms of custody. In front of the wife, the husband asked the attorney to represent him in litigation. The attorney told the wife that informed consent was needed in order for him to represent the husband in the matter and carefully explained the material risks and reasonably available alternatives to her. In response, the wife said "I give my informed consent to you representing this pig." Is it proper for the attorney to now represent the husband in the matter?

No, because the consent given to the representation was insufficient to allow the attorney to represent the husband.

An attorney received a phone call from a client asking the attorney to represent the client's daughter a 19 yearly college student, against a drug charge. The father told he attorney that he would pay the attorney's standard holy rate for the representation, as well as any expenses. The following day, the attorney met with the father and daughter, and the three discussed the matter. When the daughter asked who was paying for the services, the attorney responded that they should simply focus on the case and worry about that later. As the trial date approached, the prosecution offered a plea deal. The attorney brought the deal to the daughter, who accepted it. When the father later learned of this, he was furious with he attorney fro failing to include him in the discussion regarding the plea deal. Were the attorney's actions in representing the daughter proper?

No, because the daughter did not give informed consent for the attorney to be paid by her father.

A minister who belonged to a religious sect that prohibited the consumption of alcohol was charged with a crime. Shortly before trial, the minister's friend, who was to testify as a character witness on behalf of the minister, revealed to the minister's attorney that, at the time of the crime, the minister was at a bar, and not alone in his study, as the minister had previously told the attorney. When confronted with this information, the minister said that he would rather go to prison than have anyone else find out he was at a bar. The attorney, acting in what she believed was her client's best interests, contacted an investigator employed by her firm and asked the investigator to go to the bar and find out if any of the bar's regular patrons remembered seeing the defendant. Were the attorney's actions on behalf of her client proper?

No, because the defendant did not authorize his attorney to disclose the information.

A husband contacted his friend, a lawyer, about obtaining a divorce. The friend was aware that the husband's spouse was a lawyer who served as general counsel for a corporation. During the initial meeting about the divorce at the friend's office, the husband revealed that he and his wife had not filed tax returns for several years. At the conclusion of the meeting, the friend declined to represent the husband. The following week, the friend had a casual conversation with the couple's daughter, during which she confided in the friend, "You know, my parents have not filed tax returns for several years." The friend has not further discussed the couple's failure to file tax returns with either the husband or the wife. Must the friend report the wife's failure to file tax returns to the bar disciplinary authority?

No, because the duty of confidentiality applies with regard to information learned from a prospective client.

Johnson, Jackson, and Jones established a law firm in 1950. When Jackson died in 2000, Johnson decided to accept a job as in-house counsel for a local business, while Jones decided to retire; they terminated the practice and sold the firm in 2001. The purchasers renamed the firm, though nearly all of the prior firm's clients retained the services of the attorneys who purchased the firm. In 2004, Jones's son and Johnson purchased the firm back and reestablished the firm as Johnson, Jackson, and Jones, as the name was still well recognized as being one of the most prominent and well-respected firms in the region. Were the actions in renaming the firm Johnson, Jackson, and Jones proper?

No, because the firm was not continuously operated.

A judge underwent an operation for a medical condition at a local hospital. After the operation, which was successful, the suregon who performed the operation approached the judge about appearing in a TV commercial. The purpose of the commercial was to encourage others in the community who rewuired such an operation to have the operation done by the surgeon a the local hospital. The judge only briefly appeared in the commercial as one of the 3 patients of the surgeon, all of whom had the same type of operation. In the commercial, the judge truthfully stated that she was pleased to have her medical problem solved by the operation. While the judge was on screen, she was visually identified by name and profession (Judge...) in a manner similar to the other two patients who appeared in the commercial. The judge did not receive compensation in any form for appearing in the commercial. Was the judges participation in the commercial proper?

No, because the judge abused the prestige of her office to advance the economic interests of the surgeon of the hospital.

Looking through a window, a man witnessed an altercation between his adult nephew and another person. The nephew was charged with assault. The nephew's attorney interviewed the man about the incident. The man's version of the events called into question the nephew's version of what had happened. The attorney, aware that only the nephew knew that the man had seen the altercation, requested that the man not talk about the matter to the police or the prosecutor unless questioned by them. Is the attorney subject to discipline for this request?

No, because the man was the defendant's uncle.

A business owner hired an attorney solely to prepare a contract for the sale of the business. Shortly after the sale was completed, the attorney learned from an employee of the business that the owner had falsified the business's records in order to make the business, which had been losing money for several years, appear profitable. When the attorney confronted the owner about the owner's actions, the owner acknowledged the fraud but refused to take any action. The attorney contacted the buyer of the business, who had used his retirement savings to purchase the business, and revealed the owner's fraud. Is the attorney subject to discipline for this revelation to the buyer of the business?

No, because the owner had used the attorney's services in the sale of the business.

A law firm associate was assigned to work on a plaintiff's tort case with a partner. The associate was charged with the day-to-day management of the case, although the partner checked in with the associate regularly. Despite the associate's solid performance, the client lost the case at trial. After the time for filing an appeal had expired, the associate told the partner for the first time about a settlement offer made by the opposing party that the associate had rejected as too low without consulting the client. The partner scolded the associate for failing to bring the settlement offer to the client's attention, but otherwise took no action. Is the partner subject to discipline for failure to adequately supervise the associate?

No, because the partner did not learn of the action until it was too late to avoid the consequences.

A partner in a law firm learns that the firm has recently agreed to represent a new client in a personal injury suit for a contingent feel. The partner realizes that she has a conflict with the client from her work at her previous law firm, and she tells the firms managing partner about the conflict. The firm then properly screens the partner from the case and provides all required notice regarding the conflict of the client. The firm is eventually successful in its representation of the client and receives a significant fee as a result of the representation. IN allocating the annual firm income to each partner under the firms partnership agreement, the firm includes the fee earned in the personal injury suit. Is it proper for the partner to share in the fee from the personal injury suit?

No, because the partner is not permitted to receive compensation directly related to a matter from which she was disqualified.

An attorney accepted a client in a medical malpractice action but was nervous that the client was prone to filing malpractice actions. After explaining his apprehension to the client, the client suggested that they enter into a written agreement limiting the attorney's own malpractice liability to a specified amount. They entered into such an agreement after the client sought the counsel of a partner at the attorney's firm who was not involved in the case. Were the attorney's actions in entering into the agreement with the client proper?

No, because the partner who reviewed the agreement is a member of the attorney's firm.

While using the copy machine, a transactional associate overheard two summer interns talking in the next room about a litigation associate in the firm. The interns, who did not see the transactional associate or know he was there, discussed the litigation associate's behavior and speculated that she had been drinking while at work. They said they believed that her drinking had caused her to make several mistakes in active cases. The interns never mentioned the litigation associate by name, but the transactional associate knew that they primarily worked with one attorney. He had never seen the litigation associate drinking and has always heard that her work was satisfactory, so he dismissed the discussion as mere gossip and did not take any action based on the information. Several months later, a client filed a complaint with the disciplinary board against the litigation associate that included allegations related to alcohol abuse. The disciplinary board found that the litigation associate had made errors on the client's case because she was inebriated. Would the transactional associate be subjected to discipline based on his failure to report the litigation associate's alleged misconduct?

No, because the transactional associate did not have actual knowledge of any misconduct.

A husband and wife were attorneys who practiced at different law firms. The husband dealt exclusively with estates and trust matters, while his wife was a criminal defense attorney. A decedent's daughter employed the husband to represent her in a dispute with her brother over property owned by her deceased father. The decedent's son contacted the wife about legal representation in this dispute. The wife directed the son to a partner in her firm whose practice was limited to estate and trust matters. The partner agreed to represent the son. Apart from the spousal relationship between the daughter's attorney and the attorney in the partner's firm who referred the decedent's son to the partner, the partner correctly concluded that the arrangement did not create a significant risk of materially limiting the partner's representation of the decedent's son. Accordingly, the partner did not discuss the possibility of a conflict of interest with his client, the decedent's son. Is the partner subject to disqualification with regard to his representation of the decedent's son in this dispute?

No, because the wife's personal disqualification is not imputed to the partner as a member of her firm.

A lawyer provides both estate planning services and financial planning services to his clients. One client asks the lawyer to draft her will, but first she wants him to provide her with some financial planning advice to optimize her estate. If the lawyer provides such services to the client, would the lawyer be subject to discipline for providing both legal and non-legal services to the same client?

No, unless the lawyer fails to inform the client that the financial planning services are not legal services, and are not protected by the lawyer-client privilege.

A family court judge appointed an attorney to represent an indigent father in an action brought by a state agency to terminate the father's parental rights with respect to his only child. Until recently, the attorney was employed as a lawyer by the same state agency to collect court-ordered child support. This agency did attempt unsuccessfully to collect child support from the father, although the attorney was not personally involved in this attempt. Due to this employment with the agency, the attorney has personal knowledge of the father, and honestly believes him to be so repugnant that the attorney's ability to represent the father would be impaired. he also believes that it is in the best interests of the child for the father's parental rights to be terminated. Additionally, since the father is notorious in the community where the attorney practices, the attorney fears that representation of the father could have an adverse effect on the attorneys ability to attract clients. Which of the following grounds is most likely a proper basis for the attorney to decline the appointment?

The attorney honestly believes that the father is so repugnant that his ability to represent the father would be impaired.

A prominent local attorney decided to run for the position of city judge. The candidate had been active in a bar association for a number of years and chaired a committee of the bar association. At a meeting of the committee, the vice-chair announced that the candidate was running for office and that the members of the committee should show their support by donating generously. The vice-chair collected checks from the members of the committee and gave them to the candidate. The candidate did not know that the vice-chair planned to make such an announcement but was grateful for the contributions. Shortly thereafter, the candidate formed a campaign committee to manage the contributions to her campaign, and she turned the contributions over to the committee. State law does not address the contribution of funds to the campaigns for judicial office. Did the candidate's actions subject her to discipline?

Yes, because a candidate for elective judicial office may not personally solicit or accept campaign funds.

The secretary to a state trial court judge asked the judge to write a letter to the secretary's bank describing her good employment record for the judge and recommending her for a mortgage. The judge wrote the letter on official judicial letterhead, indicating that the reference was personal, truthfully describing the secretary's exemplary work record and stating that she believed the secretary was a good risk asa borrower. The bank provided a mortgage to the secretary as a rate of interest that would have been made available on the same terms to similarly situated persons who did not work for a state trial court judge. Did the judge act properly?

Yes, because a judge may use official letterhead for a reference for someone else if the judge indicates that the reference is personal and there is no likelihood it would reasonably be perceived as an attempt to gain favorable treatment.

An attorney represented a small business owner who was sued by a former employee following the employee's termination. After the attorney tried unsuccessfully to engage the opposing counsel in a settlement discussion, the owner told her attorney that she believed the parties could settle the lawsuit if their attorneys were not involved and that she planned to invite the former employee to lunch to discuss a settlement. The attorney tried to dissuade the client from meeting with the opposing party but acquiesced in the face of the client's determination to do so. Neither the attorney nor the owner spoke with the former employee's lawyer about this invitation prior to the lunch. Unfortunately, the lunch meeting did not produce a resolution of the dispute. Were the attorney's actions proper?

Yes, because an attorney may advise a client with regard to communication by a client directly with an opposing party.

An attorney represented a client in a suit against the client's former employer. Counsel for the employer approached the attorney with a settlement offer. Because the attorney was unable to reach her client despite due diligence before the offer was set to expire, the attorney accepted it on her client's behalf. The attorney honestly believed that the client would have accepted the offer if the client had known about it. When the attorney told her client about the offer the following day, she did not initially mention that she had already accepted the offer on behalf of her client. The client told the attorney that the offer sounded great, and she accepted it. Upon hearing this news, the attorney stated, "Thank goodness, because I already did!" Is the attorney subject to discipline?

Yes, because an attorney may be disciplined for a violation of the Model Rules of Professional Conduct regardless of whether the client was harmed by the violation.

An attorney took his grandmother out to dinner. Over dessert, the attorney asked the grandmother if she had updated her will recently. The grandmother stated that she had not, and the attorney offered to draft a new will for her. They met the following day and drafted a will in which she bequeathed to the attorney a rare book collection, which he had always admired, as well as a sizable monetary gift. She left the remainder of her estate to her son and a charitable organization. Were the attorneys actions in offering to prepare and preparing the will proper?

Yes, because an attorney may solicit or prepare a will that gives a substantial gift to the attorney if the client is a family member.

An attorney who practiced in a partnership with another attorney agreed to represent a pedestrian in a personal injury action against the driver of an automobile. The written representation agreement, signed by both the attorney and the client, provided that the attorneys fee would be contingent on the success of the litigation and spelled out the manner in which the fee would be calculated, the various anticipated expenses for which the client was liable, and that such expenses would be deducted before the contingent fee was calculated. The clients court costs and litigation expenses were to be paid initially by the attorney, and the clients reimbursement of the attorney fro thee terms was also made contingent on the success of the litigation. Neither in the agreement itself not in any communication by the attorney to the client did the attorney reveal that, pursuant to the partnership agreement, her partner was entitled to a share of any fee earned by the attorney. The attorney won a sizable judgment for the client. In a timely manner thereafter at a conference in the attorneys office, the attorney orally explained the amount of the recovery to which the client was entitled pursuant to the contingency agreement and ensured that the client promptly receive the amount. Were the attorneys actions with regard to her fee improper?

Yes, because at the conclusion of the case, the attorney failed to provide the client with a written statement stating the outcome ad showing the method of determining the clients portion of the recovery.

An attorney prosecuted bya former state official on criminal charges stemming from conduct by the former official while in office. Late one afternoon, after the trill in state court has been recessed for the day, the attorney was waiting in a light rain in front of the courthouse to catch a cab back to his hotel, which was apron. one mile away. A juror in the trial drive by and recognized the attorney . the juror stopped and offered the attorney a ride. Upon getting into the car, the attorney thanked the driver and then realized the driver of the car was a juror in the criminal case. The attorney requested that the juror sit the car and let the attorney out. The juror stopped the car, but indicated that she had no motive other than being a Good Samaritan and asked where the attorney was attempting to go. The attorney, conscious of the fact that it had been to rain hard, indicated the hotel at which he was stating The juror drove the attorney to the hotel. During the short trip, they discussed the foul weather. At the hotel, the attorney got out of the car and thanked the juror for the ride. Subsequent to the conviction of the former state official, the encounter between the attorney and the juror came to light. The former state official filed a habeas corpus in federal court seeking anew trial due to prosecutorial misconduct based on the encounter. The federal court rued that, after questioning the juror, the encounter did not result in juror bias and therefore did not violate the fair trial guarantee of the Due Process Clause of the fourteenth amendment. Is the attorney subject to discipline for his conduct?

Yes, because et attorney engaged in an ex parte communication with a juror.

In representing a client in litigation involving a boundary dispute, an attorney, after consultation with and approval by the client, employed a surveyed. The attorney, who had used and compensated the surveyor in previous, similar situations for other clients, described the purpose of the survey and the party she represented to the surveyor. The retainer agreement between the attorney and the client specified that the client was responsible for payment of all litigation expenses. The surveyor performed a survey of the disputed boundary and submitted an invoice to the attorney for the agreement-upon amount. Prior to payment of this invoice, the client paid the attorney her fee as agreed upon in the retainer agreement but refused to pay the attorney for the cost of the survey. Is the attorney likely subject to civil liability to the surveyor for the unpaid invoice?

Yes, because of the nature of the services rendered by the surveyor.

An attorney specializing in bankruptcy law is serving on a special bar association committee that is examining current bankruptcy law and procedure and making legislative reform recommendations to Congress. During discussions on the proposed recommendations, it becomes clear that one of the legislative changes that the committee will be recommending would directly and materially benefit an automobile manufacturer that is one of the attorney's pricinicpal clients. The attorney discloses to the other members of the committee the fact that one of his clients would materially benefit from the recommendation, but he refuses to identify the client. Has the attorney acted properly?

Yes, because only disclosure of the fact that a client could benefit is required, not the identity of the client.

An attorney currently represents the owner of a local hardware store in contract negotiations to extend the lease of the building in which the store is located. An authorized representative of a large corporation that owns and operates a nationwide chain of hardware stores has contacted the attorney about representing the store in negotiations with the neighboring property owner for and basement to gain additional access to the public roads. Without obtaining the written, informed consent of both the owner of the local store and the corporation, can the attorney agree to represent the corporation if the attorney reasonably believes that he will be able to provide competent and diligent representation to each client?

Yes, because simultaneous representation in underrated matters of clients whose interests are only economically adverse does not typically constitute a conflict of interest.

An attorney and an accountant entered into an agreement providing that each would recommend the others services. The agreement, which did not specify a termination date, permitted the attorney and the accountant to enter into similar agreements with other parties. The agreement also placed no limitations on the number of clients that could be referred. Both the attorney and the accountant disclosed the nature and existence of this relationship to each client who is referred pursuant to the agreement. Is the agreement improper?

Yes, because the agreement was an indefinite duration.

An attorney represented a small business owner in a contract suit. The attorney advised his client that he had a 50 percent chance of winning the case and should accept any settlement offer over $20K. The client said that he was open to settlement and would think about an acceptable amount. One week before trial, the opposing counsel told the attorney that his client would be willing to pay $25K to avoid the end of the day. The attorney could not reach his client to confirm whether the client wished to accept the settlement offer. At the end of the day, the attorney called the opposing counsel and accepted the offer. The attorney did not mention that he had not spoken to his client. Is the attorney subject to discipline?

Yes, because the attorney accepted the settlement offer without his client's consent.

An attorney was appointed to represent a criminal defendant. Prior to trial, the defendant's girlfriend called the attorney without the defendant's knowledge. The girlfriend told him that she had found evidence of the crime at her house and believed the defendant had hidden it there. The defendant's girlfriend asked the attorney whether she could tell the police about the evidence. The attorney, unsure of how to proceed, told the defendant that he would call her back. The attorney called the former law school ethics professor, who agreed to provide confidential legal advice as to the attorney's professional responsibility obligations. The attorney then told the professor about his discussion with the defendants girlfriend and asked the professor for advice. The attorney did not mention the call to the professor to the defendant. Was the attorney's action is revealing the discussion with the defendant's girlfriend proper?

Yes, because the attorney was seeking to obtain confidential legal advice about his ethical obligations.

A former employee hires an attorney to represent her in a wrongful termination case against her former employer. The client and the attorney agree in writing that the attorneys obligations to the client exclude representation with regard to any appeal from a decision by the trial court. Among the instructions that the client gives to the attorney is that she will not accept an offer for less than a specific dollar amount. Subsequently, the lawyer for the former employer conveys a settlement offer to the attorney, which is below that amount. The lawyer for the former employer indicates that the former employer will not make any further settlement offers, but will proceed to trial. Based on past dealings with the former employer, the attorney has reason to believe that the former employer will adhere to the course of action. In the exercise of his professional judgment, the attorney also believes that his clients case has only a slight chance of success at trial. Consequently, the attorney, reasonable believing that the offer is the best resolution of the case for the client, accepts the offer without consulting her. Are the attorneys actions improper?

Yes, because the attorney accepted the settlement offer.

An attorney represented a corporation in a suit brought by one of its competitors for misappropriation of trade secrets. Shortly before trial but after the discovery deadlines had passed the corporations chief engineer told the attorney that he had found memorandum he had written to himself the previous year. The statements in the memorandum aligned with he chief engineers version of the events in question and directly contradicted the competitors claims. The attorney was skeptical of the documents authentic because it had not been produced during the discovery process, and he believed that it may have been fabricated for trial purposes. Although the chief engineer assured the attorney that the document was authentic, the attorney continued to have doubts. Nonetheless, the attorney offered the document into evidence during his examination of the chief engineer at trial. Was the attorney's action in offering the document into evidence proper?

Yes, because the attorney did not know the evidence was false.

A sole practitioner accepted a matter in which he was to represent the potential buyer of a large business. After the attorney accepted the case, he realized that he represented the seller in a separate divorce action. The attorney had already begun working on the sale before he realized this fact and became concerned that the seller would have a problem with this arrangement. He therefore disclosed the issue to the seller and received written confirmation from the seller that the attorney's involvement was not a problem. Months after the attorney began representing these clients, they met in the lobby of the attorney's office, where the buyer learned that the attorney represented the seller in a divorce action. He confronted the attorney about the issue that day. After talking to the attorney about the sale, he grew more confident that the attorney could still successfully represent him, and he told the attorney that he did not have any problem with the arrangement. The attorney continued to work on facilitating the sale of the business. Is the attorney subject to discipline?

Yes, because the attorney did not receive proper consent.

An attorney, acting on behalf of a wealthy client, entered into negotiations to purchase land from its owner. Solely in order to forestall the seller from raising the asking price due to the client's financial resources, the client instructed the attorney not to reveal that she was acting on behalf of a client. Adhering to these instructions, the attorney entered into a contract in her own name to purchase the land from its current owner. Prior to the closing date, the client told the attorney that he no longer wanted the land. The attorney informed the owner, who then sold the land to a mother buyer at a price below the contract price. The seller sued the attorney for expectation damages based on the attorney's breach of the contract. Is the attorney subject to civil liability to seller?

Yes, because the attorney did not reveal that she was acting on behalf of a client.

An attorney, who was duly licensed and authorized to practice law only in State X by a corporation that was incorporated in State Y and had its headquarters in State Y. The attorney made arrangements to take the deposition of a VP of the corporation in State Y. A paralegal from the attorneys staff accompanied the attorney to the deposition in State Y. Near the end of the deposition, the attorney became ill and left the site of the deposition. Before leaving, the attorney directed the paralegal to finish the deposition, which the paralegal did. The paralegal had worked closely with he attorney on the case and had, subject to the attorneys supervision, drafted the questions to be asked during the deposition. In State Y, the practice of law includes the taking of a deposition. Is the attorney subject to discipline for her actions?

Yes, because the attorney directed the paralegal to complete the deposition.

An attorney is properly certified as a specialist in family relations law by a national organization accredited by the ABA. On his website, the attorney identifies himself as a "Certified Specialist in Elder Law," but he does not identify the certifying organization. In addition, on the website, the attorney states that he does not provide representation in criminal law matters. Is the attorney subject to discipline for his website?

Yes, because the attorney failed to identify the certifying organization.

A business owner retained an attorney to represent him in a suit against a former employee. The business owner specifically instructed the attorney not to agree to a delay in starting the trial. The former employee's lawyer, unaware of this instruction, approached the business owner's attorney about delaying the start of the trial. Despite his client's contrary instruction, the attorney agreed to the delay. Is the attorney's agreement to the delay enforceable?

Yes, because the attorney had apparent authority to agree to the delay.

An attorney was a sole practitioner who confined her practice to family law matters. Her best friend, who was employed as an accountant, was arrested for embezzling from her employer through a series of complex transactions. The friend asked the attorney to represent her. Although the attorney explained that she had no experience in criminal law, and did not understand the transactions at issue, the friend prevailed upon the attorney to represent her. The attorney agreed to this representation free of charge. The friend voluntarily and in writing waived any claims related to the attorney's competence. At trial, the attorney lacked the skills necessary to defend her friend effectively against the embezzlement charges. Would the attorney be subject to discipline for her representation of the friend?

Yes, because the attorney lacked the legal knowledge and skill necessary for the representation.

A client met with an attorney about representing her in a divorce proceeding. The attorney informed the client of his hourly rate, specified the litigation expenses and court costs for which the client would be responsible, and stated that these charges would apply regardless of the outcome of the case. The client agreed to the attorney's representation of her in the divorce action and to his terms for doing so, but no documentation of this agreement was prepared or signed by either the client or the attorney. After the divorce was final, the attorney sent to the client a bill, which detailed his fee, the litigation expenses, and court costs, all in accord with the prior oral agreement reached by the attorney and the client. Even though the amounts were reasonable, the client, who was unhappy with the court's allocation of marital property, refused to pay the bill. Was the attorney's action regarding his fees and other charges related to the divorce proceeding proper?

Yes, because the attorney's fees and other charges were reasonable and communicated to the client prior to the commencement of the representation.

Upon learning that a judge one ht local trial court is retiring, an attorney decides to run for election to the position that the judge is vacating. In this state, the judgeship is determined by a local partisan election. In accordance with the timing restrictions imposed by the state law, the attorney announces his intent to seek the endorsement of a particular political party by running as a candidate in the primary of that political party. In addition, the attorney actively seeks the endorsement of various elected local officials, including seeking the endorsement of the judges who are currently up for re-election on the local trial court. Are the attorneys efforts to be elected the judgeship proper?

Yes, because the attorney, as a candidate for judicial office, has adhered to the Code of Judicial Conduct.

A toy manufacturer was sued by the parent of a child injured by one of its products. As the manufacturers attorney was preparing to respond to a discovery request from the plaintiff, the attorney found a document that was very damaging to his clients case. Prior to complying with the discovery request and turning over the document, the attorney called his opposing counsel and offered to settle the case. The attorney stated that although he believed his client was very likely to win a summary judgment motion, they would settle the case for a modest amount save the costs of litigation. In fact, the attorney believed his client had no chance of winning a summary judgment motion and was also likely to lose at trial based on the document he had found. The opposing counsel declined the attorneys offer. The attorney turned over the document, and the case proceeded to trial, where judgment was awarded to the plaintiff. Were the attorney's statements to the opposing counsel proper?

Yes, because the attorneys statement did not constitute a statement of fact.

An in-house attorney for a large corporation was asked by the president pf the company to investigate an employees claim that a division of the company was illegally bribing foreign officials in order to gain significant contracts for the company. During the course of the investigation, the attorney discovered evidence that it had been the president of the company who had ordered certain employees to bribe the foreign officials and that the officials had provided substantial financial benefits in return. The bribes violated both foreign and US law and could potentially result in significant criminal and civil liability for the company. Believing she as acting in the best interests of the corporation, the attorney immediately reported the evidence she had discovered to the corporations board of directors, which promptly suspended the president, pending a full investigation by the appropriate foreign and US authorities. Were the attorneys actions in reporting the misconduct proper?

Yes, because the board of directors was a higher authority within the corporation that the president, and the attorney believed she was acing in the best interests of the operation.

A judge hearing a divorce case appointed an attorney to represent the couples 12 yearly child. Under state law, the attorney will be compensated by one or both parents at the courts discretion. The child told the attorney that she planned to falsely accuse her father of sexual abuse at the behest of her mother. Although the attorney counseled the child not to make the accusation, the child insisted that she intended to do so. As a result of the attorney's advice, the child indicated that she no longer trusted the attorney, and she wanted the court to appoint another guardian. Disgusted by the child's stated course of action, the attorney sought the judges permission to withdraw. Both parents object, and the court refuses such permission. Must the attorney continue to serve as a child's attorney?

Yes, because the court denied the attorney permission to withdraw from the case.

An associate at an insurance defense law firm worked on many automobile accident claims on behalf of an insurance company under the supervision of a partner. As part of that work, she performed extensive legal research that was incorporated into memoranda filed by the partner, who attended hearings on the matter. All research projects were based on assignments from the partner, and it was not necessary that the associate reviewed the files, so she never did. After the partner left the firm, the insurance company terminated its relationship with the firm. The firm then agreed to represent a different insurance company in a case involving a dog bite in which the opposing party was insured by the former-client insurance company. Is it proper for the firm to represent the new insurance company?

Yes, because the dog bite matter is not substantially related to the previous automobile accident cases.

An established attorney who truthfully advertised that he would only accept estate and trust matters hired a newly licensed attorney as an associate. The proposed employment agreement contained a non-compete provision. This provision would have prohibited the associate, if justifiably discharged, from practicing estates and trusts law within a 25-mile radius of the attorney's office for four months. The state's highest court has upheld a similar non-compete agreement between an architect and an architectural firm. The associate refused to consent to the provision, and the attorney agreed to drop it from the employment agreement that was entered into by the two lawyers. Is the established attorney subject to discipline?

Yes, because the proposed non-compete provision would have restricted the right of the associate to practice law after termination of the associate's employment.

As part of the routine conflict check conducted upon the hiring of new personal, a law firm learned that an attorney who was joining the firm as a lateral associate had previously represented an insurance compaby in an ongoing reinsurance insurance contract dispute with other insurance company, the firms second biggest client. The firm immediately notified the attorney that she would be subject to the firms detailed existing screening procedures with regard to the case and would not be allowed to participate in the matter or share any part of the fee. The firm and the attorney then sent a letter to the attorney's former client, describing the attorney's prior representation and stating that the clients material confidential information had not been disclosed or used and that the attorney and the firm were in compliance with all required confidentiality rules. The letter indicated that the attorney was being screened form the firms representation of its client described the screening procedures sed, indicated that judicial review might be available to the former client, and provided that the firm would be willing to respond promptly to any written questions or objections by the client about the screening procedures. In response, the attorney's former client sent a letter to the firm objecting to the firm's continued representation of its client on the basis of the attorney's conflict of interest. Is the firm's continued representation of its client proper?

Yes, because the firm screened the attorney from its representation of its client and notified the attorney's former client what was being done.

A judge nearing the end of her term heard the morning docket calls on behalf of her sick colleague. among the mornings times was a motion to extend the time for discovery. An attorney for each party was present and each attorney had signed the motion, agreeing to the extension of time. The judge granted the extension. The following month the judges term expired, and shortly thereafter the judge secured a position as a managing member of the law firm that represented one of the parties who had sought the discovery extension. The judge was not assigned to work on that party's case, was screened from reciting information about the case or participating in discussions about its handling, and did not receive any portion of the dee received by the firm from the client. Several months later, upon learning from an independent source of the judges association with the firm, the other party to the case moved to have the firm's attorneys removed from the case. Is it proper for the firms attorneys to continue representation of the client?

Yes, because the former judge had not substantially participated in the case as a judge.

A plaintiff filed a personal complaint, and the case was assigned to a judge. After the defendant was served, a partner from a large law firm filed an appearance on behalf of the defendant. The judges niece was a salaried associate in the estate planning department of the law firm representing the plaintiff. At the initial scheduling conference, the judge disclosed this relationship to the parties. Subsequently the judge also disclosed that a person listed by the plaintiff as a material witness was his wife's nephew. Neither the niece nor the nephew resided in the judge's household. Neither party moved to disqualify the judge. Other than the disclosures made by he judge there were no grounds upon which the judges impartiality could be reasonably questioned. Should the judge disqualify himself from presiding over this action?

Yes, because the judges familial relationship with the material witness.

An attorney represented a defendant in a perennial injury case. Opposing counsel approached the attorney and offered to drop the case in exchange for a $%K settlement from the defendant. The attorney, eager to finish the case before trial and honesty believing that the client would be happy with the settlement, agreed on the spot. Opposing counsel asked the attorney if he needed to check with his client first, and the attorney told her that the amount was fine with his client. The two attorneys entered into the settlement agreement. Later that day, the attorney informed his client of the settlement agreement. The client, angry with the attorneys behavior, categorically rejected the settlement. The attorney informed the client that he was not bound by the settlement agreement and would have to pay. Is the lawyer correct in telling the client that he is bound by the settlement agreement and has to pay the plaintiff?

Yes, because the lawyer acted with apparent authority.

The owner of real property who entered into a contract to sell the property employed a lawyer to conduct a title search. The lawyer's properly performed search revealed a cloud on the seller's title that rendered the property unmarketable. The lawyer provided this information to the buyer. As a consequence, the buyer refused to complete the sale. Has the lawyer violated the rules of professional conduct?

Yes, because the lawyer failed to obtain the seller's consent before revealing the information to the buyer.

An attorney at a law firm was hired to represent a client involved in a car accident. After reading the police report, the attorney realized that a partner in his law firm was a witness to the accident. The attorney interviewed the partner and concluded that the partner's version of the accident significantly undermined his client's position. Consequently, although the attorney did not plan to call the partner to testify, the attorney anticipated that the opposing party was likely to do so. Had the partner rather than the attorney been asked by the client to represent her, the partner would have been required by the conflict rules to decline. Is the attorney subject to disqualification from representing the client?

Yes, because the partner could not have represented the client.

An attorney acting as a mediator in a child custody dispute properly explained his role to each of the parents involved in the dispute, how that role differed from that of a lawyer for a litigant, and that the lawyer-client privilege did not apply. Though the attorney's mediation efforts, the parents settled their dispute and came to a custody agreement that was approved by the court. Subsequently, the mother, wanting to modify the terms of the custody agreement, employed a partner at the attorney's law firm to handle the matter. The partner immediately gave written notice to the father and to the court of her employment by the mother, but she did not seek the approval of either. The attorney who served as a mediator was timely screened from participation in the matter and did not receive any part of the fee from representation. Is the partners representation of the mother proper?

Yes, because the partner timely notified the father and the court in writing of her representation of the mother, and the firm properly dealt with the attorney who had acted as a mediator.

A defendant is charged with robbery. A police officer received an anonymous tip that a specific individual other than the defendant committed the robbery. The police officer investigated the information, but concluded that the other individual did not commit the robbery. The police officer conveyed this information to the prosecutor. Due to the existence of other evidence that linked the defendant to the robbery, the prosecutor concluded in good faith that the tip, while exculpatory, was not material, and therefore she did not have a constitutional duty to turn the information over to the defense, Consequently, the prosecutor did not reveal the tip to the defendant's lawyer, who failed to make a Brandy request for exculpatory evidence. State criminal procedure discovery rules did not require the prosecutor to disclose the anonymous tip. Is the prosecutor subject to discipline for her failure to inform the defense of the anonymous tip?

Yes, because the prosecutor determined that the anonymous tip was exculpatory information.

An attorney whose practice includes legal malpractice regularly reviews the published disciplinary actions taken by the highest curt of the state against lawyers. He sees an email to each lawyer who has been disciplined, offering his services to represent the lawyer in any future legal malpractice action brought against the lawyer. The email does not state that it is an advertisement. In some circumstances, the attorney also calls the lawyers office, properly identifies himself, and indicates his purpose is to solicit business. If permitted to speak directly to the disciplined lawyer, the attorney briefly explains his practice and offers his services. Are the attorneys actions proper?

Yes, because the prospective clients are all lawyers.

Three days ago, an attorney agreed on a contingency fee basis to represent, at an administrative hearing, a claimant who has been denied social security administration. Due solely to a backlog in hearing similar challenges, once a request for a hearing is filed, the hearing itself will not take place for at least another six months. Two days ago, the attorney learned that sh had been appointed as counsel by a federal court in a class action suit. the class action lawsuit has the potential for being very lucrative for the attorney, in contrast to the remuneration the attorney may receive for representation of the claimant. Not wanting to be distracted by the disability benefits matter,the attorney discussed the transfer of representation of the claimant with another lawyer in her firm who is as well qualified to handle the matter as the attorney is. The other lawyer was amenable to the transfer. However, the client refused to agree to the transfer to to the attorneys withdrawal of representation of her claim. Despite the clients refusal, the attorney has informed the client that the attorney nevertheless is withdrawing. The attorney has returned all papers related to the matter that she had received from the client. Is the attorneys withdrawal from representation of the claimant proper?

Yes, because the withdrawal will not materially harm the claimant.

A homewener called his cousin, an attorney, to help the homeowner secure a zoning variance in order to build a garage on his property. The attorney informed the homeowner that, because the attorney's practice was normality limited to the area of criminal law, he had no experience experience in obtaining a zoning variance. In addition, because the homeowner was a relative, the attorney informed him that he would waive any fee. The homeowner readily agreed to the attorneys representation. At the initial hearing on the zoning variance, the variance was denied due to the attorneys failure to follow proper legal procedures, which an experienced zoning attorney would have known. At a subsequent hearing, however, the homeowner was granted a variance as a result of the arguments made by the attorney. AS a consequence of the delay, the homeowners cost of building the garage was increased. Is the attorney subject to discipline?

Yes, because the zoning variance was initially denied as a result of the attorneys lack of the requisite knowledge of the zoning variance process.

An associate in a small law firm represented a property owner in a suit against the former owner, a corporation, for fraud with regard to the sale of the property. The associate has learned that the largest shareholder of a wholly owned subsidiary of the corporation is the managing partner of the law firm. If the property owner is successful in the action, the corporation and its subsidiary would be crippled financially, and the managing partner would likely see a significant decline in the value of his stock, which represents a substantial portion of the managing partner's retirement portfolio. Must the associate share with the property owner the information regarding the managing partner's relationship to the corporation and seek the property owner's consent in order to continue representing him?

Yes, because there is a significant risk of the managing partner's relationship to the opposing party materially limiting the associate's representation of the property owner.

At a local restaurant, a justice of the peace notices another customer sitting at a table next to the table at which the justice of the peace is sitting. The justice of the peace does not know the other customer. After the customer leaves, the waiter for the table at which the justice of the peace is sitting complains to the justice of the peace that the customer at the next table had left without paying his bill. The after indicates that he knows the identity of the nonpaying customer, since the customer had behaved similarly on at least one other occasion, but refuses to reveal the customers identity to the justice of the peace. Despite the urging of the justice of the peace to legal pursue the matter, the waiter states that he is not going to do so, but instead will refuse to wait on the customer if he comes into the restaurant again. During the following week, the justice of the peace, after seeing a picture in a state bar association publication, does not know, but believes that there is a substantial likelihood that a particular licensed attorney in the state was the nonpaying customer and that, under state law, the failure to pay constituted misdemeanor theft. The justice of the peace takes no action with respect to the attorneys conduct at the restaurant. Assuming that the justice of the peace is herself not under a duty to report the customers behavior to the police, is the justice of the peace nevertheless subject to discipline as a judicial official for her failure to take any action with respect to the attorney?

Yes, because there was a substantial likelihood that the attorney committed the theft.

An attorney has three paralegals who have all worked for him for several years, and each has a paralegal certificate from a highly regarded school. All of the attorneys correspondence goes through the paralegals, who then enter deadlines into the attorneys electronic timekeeping and organizational system. One of the paralegals received a notice of an arbiters award, which contained the deadline before which an attorney could reject the award and bring the case to court. Due to an oversight, the paralegal forgot to enter the deadline into the electronic system, and the deadline passed. The arbiter's award was significantly less than the attorney could have won for the client in court. Is the attorney subject to discipline s a result of the paralegals oversight?

Yes, if the attorney failed to adequately supervise the paralegal.