PR Exam 4
Charlene went to the law office of Leopard and told Leopard that she wished to divorce her hard-drinking, abusive husband, Buster. However, since she was a housewife, she told Leopard that she could not afford to pay a big lawyer's fee. Leopard was sure that Charlene had adequate grounds for divorce in that Buster was adulterous, alcoholic, and frequently beat Charlene. Therefore, Leopard told Charlene, "The filing fees for a divorce in this county amount to $135. If you can put up that much money, I'll do all the work for 10% of whatever I get you for alimony and child support." Charlene was elated and replied, "Thank you! Thank you! I'm sure I can find or borrow $135. So many lawyers want a big fee up front, and you've just told me you'll get me out of this living Hell for $135 up front! God bless you, Leopard, you're a wonderful man!" Leopard left his office that night with a warm feeling that he had helped a fellow human being, secure in the knowledge that at least one person in the community would have something nice to say about lawyers. However, personal satisfaction aside, was Leopard's conduct proper?
D. No, because contingent fee arrangements are inappropriate in divorce cases.
Attorney Axelson has been retained by Sludge Corporation. Axelson has done legal work for Sludge for many years and is on very friendly terms with its officers and directors. Axelson is also Chair of theState Bar Association's Committee on Corporate Law. A bill has been introduced into the state legislature that would allow corporate boards of directors to vote by telephone, thus eliminating the necessity for the directors to be physically present at meetings. The State Bar Committee on CorporateLaw has been studying the bill and is about to have a meeting where a vote will be taken on whether to recommend to the legislature that the bill be passed. The committee's recommendation will probably carry a great deal of weight with the legislators, and in fact may well be determinative of whether the bill is enacted into law. Axelson meets the president and the treasurer of Sludge after work lot cocktail sat the Snob Club, a private club to which Axelson and the officers of Sludge belong. Although the occasion is primarily social, the president of Sludge tells Axelson that he is very interested in the work of the State Bar Committee on Corporate Law. The president tells Axelson that he and th
D. Yes, if he conscientiously believes the bill is in the public interest and if he discloses to the committee that one of his corporate clients will benefit if the bill passes
Windy was a named partner in the law firm of Blowhard, Windy, and Crooke. After being approached by officials of his political party, Windy decided to run for Governor of State North. Windy won both the primary and the general election and was recently sworn in as the state's new Governor. Although Windy has made it clear to his law partners and the public that he will not practice law during his tenure as Governor, senior partner Blowhard has decided to leave Windy's name on the firm's stationery and on the door of the firm's plush offices. Is Blowhard's decision proper?
No, because Windy is not actually practicing with the firm
Larry Litiger has been practicing law for two years. The following statements were broadcast in a recent radio ad: I. "Larry Litiger specializes in personal injury and divorce cases. He is a certified trial specialist." II. "Larry Litiger comes from a long line of lawyers. In fact, his father and grandfather are both judges." III. "Larry has never lost a jury trial, and 99% of his clients end up receiving some form of payment." IV. "Litiger succeeds where others fail. Don't find out the hard way, call Litiger first." Assuming that all of the above statements are true and that Litiger complied with all the procedural requirements for running a radio advertisement, which of the statements are proper?
b. I. only.
Attorney Arlo has hired Clarissa, a third year student at a local law school, to assist him as his clerk. Clarissa is not licensed under any state law or court rule that allows third-year law students to engage in practice under the supervision of a licensed attorney. Arlo has Clarissa perform the following tasks: I. Drafting a release form for personal injury plaintiffs to sign after their cases have been settled. (Arlo himself has the plaintiffs sign the forms.) II. Interviewing witnesses to accidents, and having them sign Clarissa's written version of the interview. III. Reaching settlement agreements with insurance company representatives before suit has been filed. For which, if any, of the above is Arlo subject to discipline?
b. III only.
Attorney Aggie is prosecuting a complex tax case. After two government witnesses testified, the defendant, Daft, took the stand in his own defense. Daft asserted that he always complied with all tax rules and regulations. He also testified that the two government witnesses had deliberately falsifiedDaft's Internal Revenue Service records because the witnesses belonged to a Satanic cult which bore along-standing grudge against Daft. In Aggie's closing argument, she made the following statements relative to the defendant's testimony: I. "Defendant's testimony is clearly in conflict with the testimony of two government witnesses." II. "Of the persons who have given testimony, who has the better reason to lie, the defendant or the government's witnesses?" III. "If you believe the testimony of the defendant, you will also believe the Moon is made of green cheese!" For which, if any, of these statements would Aggie be subject to discipline'?
b. III. only.
Lawyer LePage represents Prudence, the plaintiff in a sexual harassment case against defendant Dartmore Industries, Inc. Dartmore is represented by its regular corporate counsel, Clem. Prudence, who works on an assembly line, alleges that she was repeatedly harassed by the foreman on her work shift, Frank Farmer. Further, she alleges that the plant manager, Marianne Martin, was aware of Farmer's misconduct and did nothing to stop it. Prudence tells LePage that two of her co-workers on the assembly line, Will Whorley and Wendy Winston, each witnessed harassment incidents, but neither Whorley nor Winston reported the incidents to supervisory personnel. Whorley quit working for Dartmore at about the time Prudence filed her lawsuit. LePage wants to do some fact investigation before he starts discovery in the case. Which of the following best states proper conduct for LePage in interviewing the potential witnesses?
b. LePage may freely interview Whorley and Winston, but must notify Clem that he intends to interview Farmer and Martin
Jillian has just been elected Judge of the Circuit Court. She has been assigned to the Probate Division. Prior to Jillian's elevation to the bench, Jillian was a partner in the law firm of Judkins & Jarvis. During her last week with the firm, Jillian filed a number of very routine, uncontested probate motions. At the time, Jillian had no idea that she would be assigned to the Probate Division. These routine probate motions have been assigned to her courtroom by a lottery system of random assignment that the CircuitCourt regularly employs to assign cases. Is it proper for Jillian to rule on these motions?
b. No, because Jillian has a conflict of interest
Pilate, a local assistant district attorney, has just finished prosecuting a case against Dudley Defendant, who was accused of committing a serious felony. Pilate believed he had a strong case, but Justinian, the judge trying the case, ruled to acquit the defendant. Justinian is running for reelection in a contested campaign. The judicial election will occur in two months. Immediately after Dudley's trial is over,Pilate makes the following statement to reporters assembled on the courthouse steps: DudleyDefendant is walking away front this courthouse a free man only because of the erroneous rulings ofJudge Justinian. In the many years that I have tried cases for the state in this courthouse, I have become aware that in every case heard by Judge Justinian where I have appeared before him as prosecutor, there have always been clearly erroneous rulings in favor of the defendant. I am going to do everything in my power to see that Justinian is not reelected, and I am going to work very hard for the election of Genseric, his opponent in the forthcoming judicial election. Pilate has personally tried four cases in front of Justinian. Is Pilate's statement proper?
b. No, because Pilate has brought the administration of justice into disrepute.
Attorney Adlon and his long term client, Chuckles, had a very close personal relationship that went far beyond the lawyer-client association. They often took fishing trips in each other's company, played golf together, and sometimes shared "bachelor dinners" after the deaths of their respective spouses. Thus, Adlon was deeply saddened when Chuckles's daughter Doris came to his office and suggested that Chuckles had become incompetent to handle his affairs. Adlon had to agree with Doris, because Adlon could not help but notice that Chuckles's mind often wandered, and that sometimes Chuckles thought that he and Adlon were still back in high school together. Although one of Chuckles's sons, Sam, opposed Doris's attempt to have Chuckles declared incompetent, Adlon agreed to handle the case and Adlon's arguments prevailed at the competency hearing. Chuckles was declared incompetent, and Tommy Trustee was placed in control of Chuckles's finances. A month after the competency hearing, Chuckles's other son, Sidney, came into Adlon's offices complaining that Chuckles had given Doris a valuable gift several months previously, and Sidney asked Adlon to file suit to have the gift set aside. Because
b. No, because it is certain that Adlon will have to testify at the trial as to substantive matters.
Bellatrix, a local attorney, has recently defended David Defendant in a civil action tried before a jury. Defendant lost the case, and Paul Plaintiff was awarded a substantial amount of damages. Bellatrix receives an anonymous, handwritten letter that states: "Joan Juror, who sat on the jury when Paul Plaintiff got that big damages award, was bribed to influence other members of the .jury to side withPaul and to award a large sum in damages." Bellatrix hires Seamus Sleuth, a local private investigator, to investigate Joan Juror, and to determine if the anonymous charges are true. Is it proper for Bellatrix to hire the private investigator?
b. No, if the investigation is to be conducted in such a manner as to harass the jurors.
Judge Jonathan, considered a great personal injury litigator when he was in private practice, is trying a very complicated commercial law case. He has carefully listened to the opposing attorneys' arguments and has read the briefs several times. He has found neither the oral arguments nor the briefs to be very enlightening. Sheba, a former law partner of Jonathan, is considered to be one of the leading experts on commercial law in the state. Jonathan wishes to lend the briefs to Sheba, and have her write an advisory memorandum on the issues of the case. Jonathan sincerely feels that this will enable him to render a proper judgment in a difficult case. Is it proper for Jonathan to seek such help from Sheba?
b. No, unless he gives notice to the parties and allows them time to respond to Sheba's memorandum
Booker is employed as an accountant for Hyrax Corporation. Several months ago, Hyrax's president,Potsdam, noticed that there were some discrepancies in the company's books, and that some funds seemed to be missing. Unbeknownst to Booker, Potsdam has been checking Booker's work after hours and he is convinced that Booker has been embezzling funds from Hyrax. Potsdam, on behalf of Hyrax, retains the services of Arnold Attorney to determine if Hyrax has a case against Booker. Arnold agrees with Potsdam that there is a strong indication that Booker has been embezzling funds. In fact, Arnold has already determined that tomorrow he will file a civil suit against Booker to recover Hyrax's money and go to the prosecutor's office to sign an embezzlement complaint against Booker. Arnold, however, tells Potsdam that the more evidence they can get against Booker, the stronger their case will be.Potsdam suggests that Arnold interview Booker before he presses charges, as Booker may make some remarks that would implicate him in the embezzlement. Arnold readily agrees to this. Potsdam tellsBooker that Arnold is investigating some problems in account record keeping to make sure Hyrax's procedures comply
b. Sustained, because Booker talked to Arnold at Potsdam's request and his statements concern accounting.
Uncle, a wealthy landowner in Moocow County, has become very infirm in his old age, even though his mind is still very sharp. His doctor tells Uncle that although Uncle has survived open-heart surgery, he will never be really robust and healthy again. In fact, the doctor says that Uncle should either enter a nursing home or employ a nurse to care for him full-time at his ranch. Uncle, who has always prided himself on his independence, shudders at the thought of being put in a nursing home. He also finds the thought of bringing a stranger into his home to nurse him distasteful. Uncle contacts Niece, his youngest sister's daughter, who is a registered nurse employed as a head nurse at a major research hospital in a large city in another state. Uncle urges Niece to come and live with him at the ranch and take care of him. Uncle, always known in Moocow County for his generosity, tells Niece that he understands she would be making a major sacrifice and that "I aim to make this worth your while. TheDoc tells me I don't have more than a year or two left anyway, but I know it's tough for a young, educated, city gal to be stuck out here in Moocow County with nothin' but old men, steers, and no-ac
b. Tell Son about Uncle's statement about leaving one-third of the ranch to Niece, but offer no further advice.
Wanda is greatly distraught since her late husband Harry provided only a $1,000 bequest for her in his will. Under the terms of his will, the rest of his substantial estate (over $1 million) will go to a fraternal lodge of which Harry was a lifelong member. Wanda consults Anita Attorney. Anita studies the will and determines that there has been an important flaw in its execution. Anita successfully challenges the will's validity, and the probate court rules that Harry's estate will descend by the laws of intestate succession, which means, in this jurisdiction, that Wanda will take all of Harry's estate. Anita chargesWanda a modest fee, which Wanda pays promptly. Wanda, however, is so pleased with Anita's work that she wants to give Anita a substantial gift as a token of her gratitude. Wanda goes to a local car dealership and purchases a new car worth approximately $20,000. She smilingly presents the car toAnita Attorney. May Anita accept the car?
b. Yes, but only if Anita tells Wanda that she should discuss the gift with an informed outside party
Attorney Alpheus worked for two years for the Veteran's Administration. While there, his main function was to investigate claims filed by veterans. During the course of his employment, he once investigated a claim filed by Charles, a Vietnam War veteran. After Alpheus left the Veteran's Administration, the agency denied Charles's claim. Charles comes to Alpheus, who is now engaged in private practice, and asks him to represent him in a suit against the Veteran's Administration for the benefits to which Charles believes he is entitled. Is Alpheus subject to discipline if he accepts Charles's case?
b. Yes, if Alpheus had substantial and personal responsibility for Charles's Veteran's Administration claim
Preacher is a law school graduate but is not a licensed member of the bar. After Preacher graduated from law school, he felt called to the ministry, received a degree in divinity, and was formally ordained as a minister of his faith. Preacher is now pastor of a local church, where Alfred Attorney is a member of the congregation. Preacher has been very disturbed about the high rates of divorce and the breakdown in American family life. Therefore, he holds frequent "family counseling sessions" where, among other things, he explains to the parishioners who attend these sessions many of the legal ramifications of divorce, alimony, child support, and child custody. These sessions are usually followed by question-and-answer periods, during which Preacher gives legal advice to parishioners who cannot afford a lawyer. Preacher knows that the legislature has passed a new marriage dissolution law that changes the law substantially from what Preacher was taught in law school. Preacher asks Alfred if he will prepare an outline and a memorandum fully explaining the new law, so that Preacher will be better informed for the sessions with his parishioners. If Alfred agrees to do this, is he subject to d
b. Yes, since Alfred is assisting in the unauthorized practice of law
Agnes and Bertram represent two corporations who oppose each other in a civil suit. Agnes has filed a petition with the court, seeking to have Bertram removed as opposing counsel. She claims he has a conflict of interest since he once did certain work for her present client. Bertram calls Agnes and tells her that he thinks the conflict of interest matter can be resolved if she listens to his explanation. Agnes and Bertram meet and begin to negotiate the conflict of interest issue, and during the same meeting discuss a settlement of the lawsuit. Bertram and Agnes agree to meet again and continue their discussions. Immediately alter the first meeting, Agnes goes to her office and dictates a letter to JudgeJowly, who is trying the case. The letter tells Jowly that Agnes and Bertram arc attempting to resolve their differences on the conflict of interest matter and are also negotiating a settlement of the underlying lawsuit. Agnes mails the letter to Jowly that afternoon. Is Agnes subject to discipline?
b. Yes, unless Agnes sends Bertram a copy of the letter
Client Celia comes to attorney Adnan seeking representation in bringing a breach of contract action. Celia tells Adnan that she originally retained lawyer Louis about a year ago, but that as far as she knew he had not even filed the papers. According to Celia, Louis never returned her calls, and when she went to his office to find out the status of her case, he was drunk and verbally abusive. Celia told her friends and family about Louis's treatment of her, and when her brother fared no better in getting information from him, he suggested that she contact Adnan. Celia advised Adnan that since Louis did not return her calls, she had sent a certified letter to him notifying him that he was discharged. Adrian knew that there was only a one-year statute of limitations on this type of action, so he quickly checked the dates and discovered he had only a few days to file the action. Adnan called Louis to get tile information from Celia's file. Louis did not recall the letter of discharge and was surprised to get Adnan's call. He was, however, very cooperative and agreed to send a messenger to Adrian's office with Celia's file. Louis tells Adrian, 'I feel terrible about this. My wife has been ve
c. No, because Louis's actions indicate that he is not currently fit to practice law,
Attorney Aoki represents client Carson, the plaintiff in a personal injury suit arising out of a tour bus accident in Hawaii. Nearly all of the eyewitnesses were tourists who have now returned home to the mainland. Without notifying the defense attorney, Aoki has interviewed most of the witnesses by phone. By far the most compelling witness, and the one most favorable to Carson, is Willa. Willa is a librarian who lives in North Dakota and had spent the bulk of her life savings on a vacation to HawaiiIt wax on this vacation that Willa witnessed the tour bus accident. Willa is a very appealing witness, and Aoki is confident that if a jury saw her testify personally, Carson would win his suit. Aoki tells Willa that if she is willing to come to Hawaii for one week to testify, he will pay for plane tickets, an oceanfront hotel room at a first class hotel, all meals, and one week's salary for her lost time. This is the same offer Aoki makes to all witnesses traveling to testify in any of his cases. Willa, who cannot believe her good fortune, readily agrees. Is Aoki subject to discipline?
c. No, because a lawyer may pay a witness's reasonable expenses and lost wages.
Attorney Alex has been retained by Cal Carbon, a wealthy and socially prominent resident of Salt City, where Alex maintains his offices. Cal has held a number of local political offices and is presently engaged in a hotly contested primary election contest for the seat in the United States Congress for Salt City and environs. Cal tells Alex that he is being blackmailed by Sarah Sadstory, who is threatening him with a paternity suit. Cal admits to a brief dalliance with Sarah, but denies being the father of her child. Cal tells Alex that he is willing to settle with Sarah for $10,000 to prevent the bad publicity that would result from tile filing of a paternity suit against him and which would probably ruin his chances for election to Congress. Alex approaches Sarah and tells her he is willing to negotiate a settlement with her on Cal's behalf. He strongly urges Sarah to retain counsel, as there will be legal documents to be signed should the negotiations succeed, and she should be fully informed of her rights. Sarah tells Alex that she is presently unemployed and lacks the funds to employ an attorney. She further tells him that she thinks she can adequately represent her interests hersel
c. No, because he advised her to retain counsel.
The legislature of State A conducted open hearings concerning a bill pending in the state legislature that would make it much more difficult for corporations chartered in State A to be taken over by corporate raiders. By making unfriendly takeovers more difficult, the proponents of the bill hoped to save jobs in State A and to encourage corporations not now chartered in State A to obtain State A charters which would bring added revenue to the state. Attorney Armor, a senior partner in the prestigious firm of Armor, Baldwin, and Chase, asked to testify at the hearings. Armor had been retained by Tentacle Corporation and was asked by Tentacle's president to testify against the pending legislation at the legislative hearings. Tentacle's president also told Armor that under no circumstances was he to tell the legislature that he was working for Tentacle or to mention the name of Tentacle in his testimony. Armor complied with Tentacle's strictures and never mentioned that he was being retained to give testimony against the pending legislation. Armor's testimony before the legislative committee was effective and hard-hitting. After his testimony, Armor was asked a few questions by committee me
c. No, because he did not disclose that he was appearing at the hearings in a representative capacity.
Judge Jacques is often referred to behind his back as "Judge Continuance" by lawyers who practice in Bayou County. This soubriquet is well deserved because Jacques is known to grant continuances whenever requested by an attorney, regardless of the substantiality of the attorney's grounds. He has turned down a continuance request on occasion, but such occasions are so few and fat' between that local attorneys are shocked when they hear of them. When queried by his colleague Judge Jeanne about his policy on continuances, Judge Jacques told her, "This society has gotten to be litigation crazy, issue, sue, sue, over every little thing. Most of this stuff can be settled between the parties if they really want to try. If I grant a continuance, it gives the parties that much more time to come to their senses and settle. If they settle, it saves them and the taxpayers the expense of a full-blown trial. This country and its court systems would be a lot saner if more judges tried to promote settlements like I do." Is Judge Jacques's policy of granting continuances to promote settlements proper?
c. No, because judges have a duty to expedite litigation.
Attorney Archer is representing Davis in the civil case of Preston v Davis, which arose out of a business deal gone sour. One evening after court was out of session, but with the trial set to resume the next day, Archer attended a $5,000 per person charity fundraising dinner. When he found his assigned seat, he was shocked to find he was seated next to Preston, the plaintiff in the suit. Archer asked the hostess if she could change his seat, but she said it would be impossible. Determined to make the best of it, Archer and Preston did not discuss the case but made small talk about the charity, the weather, etc. They soon found they had much in common, including a love of sports. After a long, enjoyable evening of discussing their favorite teams, Preston gets up to leave. Preston turns to Archer and says,"You're not a bad fellow after all. It has been a real pleasure talking to you this evening. First thing in the morning, I'm going to talk to my lawyer 'about reaching an agreeable settlement in this case. I'll have her call you." The next day, Preston calls lawyer Layton and tells her, "After talking to Archer last night at tile fundraiser, I have decided to settle the case for the amoun
c. No, because they discussed the charity, the weather, and sports.
Claude walked into the law offices of lawyer Leda. As Leda was not busy at the time, she agreed to talk to Claude right away. Claude told Leda that he had "a criminal problem," and was concerned that he might be indicted soon. He explained the details of his predicament at length to Leda, but after he finished, Leda told Claude, "You certainly do need a lawyer, but l only handle civil matters. I suggest you consult with my friend Swann; he has a large criminal practice and he's pretty good." Claude went on to retain Swann. A few days after her interview with Claude, Leda read a news item announcingClaude's indictment. It quoted the district attorney at some length. After reading the article, Leda became convinced that something Claude had told her during their interview would probably exonerateClaude or, at the very least, lead to a reduction in the charges against him, if the district attorney became aware of the information in Leda's possession. May Leda reveal the information to the district attorney?
c. No, unless Claude consents to the disclosure
Cato Client brings an extremely complicated case to Art Attorney. This case is so complex that it will require the undivided attention of a qualified attorney for three months to do the necessary research, draw up the proper papers, and take the case to trial. Cato, realizing the complexity of the case, makes the following offer to Art. Cato promises to pay Art $30,000 in advance for three months if Art agrees to take no other cases during that period of time, it being determined that Art's usual income from fees for a three-month period was $30,000. Art agreed to this arrangement and proceeded to work on Cato's case only. During the first month that he was preparing Cato's case, Art was approached by more than the usual number of prospective clients. Had he accepted employment from those who asked him to represent them during this period, he would have received $30,000 in lees from them. Art, however, in compliance with his agreement with Cato, refused to take on any of these prospective clients. At the end of the first month, Art and Cato had a conference to discuss the case. A number of points of disagreement arose between them; Cato became angry, and summarily fired Art as his counse
c. Retain an amount that represents fair compensation for work actually performed on the case.
Attorney Ace placed an advertisement that ran daily in the classified section of the Pikeville News,Journal, a newspaper of general circulation, widely read in the Pikeville area where Ace practiced.Besides stating Ace's office address and telephone number, and identifying Ace as a licensed attorney, the ad included the following statement: DIVORCES - LOW RATES!!! Just $l00, plus costs for uncontested divorces. According to bar association surveys, the "low average" fee in the Pikeville area for an uncontested divorce is $125, plus costs. Is Ace's advertising proper?
c. Yes, because Ace's rates really are low.
Newshound regularly wrote the "Courts and the Law" column that appeared twice each week in the Daily Bugle, a newspaper of general circulation in the Bricktown area. Newshound approached Arlington, an attorney with offices in Bricktown. Newshound told Arlington that Arlington's name would appear frequently in Newshound's column in a favorable light, if Arlington would supply Newshound with "behind the scenes" items about local judges, lawyers, and important or other wise interesting cases. Arlington readily agreed to Newshound's proposal, and Arlington began supplying information to Newshound. Arlington's name did appear often in Newshound's column, and Arlington was characterized as a "top legal eagle," an "outstanding trial tactician," and otherwise touted in the newspaper. Is Arlington subject to discipline?
c. Yes, because Arlington has given consideration for favorable publicity
Arlington is an attorney engaged in private practice in the city of New Novgorod. Arlington has many friends who belong to the Ancient Society of Sultans, a fraternal and charitable organization with chapters throughout the state. Arlington is not a member of the Society, but knows a number of its officers socially and has performed legal work for them on matters unrelated to the Society. The officers of the Society are sometimes consulted by members who have legal problems. The officers, being very pleased with the quality of Arlington's work, often refer such members to Arlington.Arlington has never asked the officers for such referrals, but is, of course, very pleased since he has earned substantial fees from these referrals. The Society is presently organized as an unincorporated association, but the leaders are interested in incorporating the Society under the State NonprofitCorporation Act. One of the officers asks Arlington what his fee would be for incorporating theSociety. Arlington tells the officer that he is very grateful for the client referrals from the Society and, as a token of his appreciation, he will not charge a fee for the incorporation work. Is Arlington subject to
c. Yes, because an attorney must not give something of value in return for client referrals
Lawyer Larry happened upon an accident scene and stopped his car to see if there was anything he could do to help. Several police officers were on the scene, and Larry told one of them that he was a lawyer and asked if he could do anything to assist the accident victims. The police officer told Larry,"One of the victims is a physician and he claims that he knows that he's going to die from his injuries and he keeps moaning about wanting a will." Larry went over to talk to the physician, who lay on a stretcher. The physician, Peter, begged Larry to write a will for him on the spot. Larry at first demurred, explaining to Peter that he had only been sworn into the state bar two weeks before and that he had never written a will for a client and had received a "D" in his only law school class covering the subject. Peter said, "I know the police officers will be glad to act as witnesses and I'll keep it simple; I just don't want those greedy worms in my mother's family to get their hands on my estate." After listening to five minutes more of Peter's pleading, Larry agreed to write the will for Peter. He wrote the will on the blank backside of an accident report. Peter signed the will and two p
c. Yes, because he acted in a humane manner appropriate to an emergency situation.
Booker is employed as an accountant for Hyrax Corporation. Several months ago, Hyrax's president,Potsdam, noticed that there were some discrepancies in the company's books, and that some funds seemed to be missing. Unbeknownst to Booker, Potsdam has been checking Booker's work after hours and he is convinced that Booker has been embezzling funds from Hyrax. Potsdam, on behalf of Hyrax, retains the services of Arnold Attorney to determine if Hyrax has a case against Booker. Arnold agrees with Potsdam that there is a strong indication that Booker has been embezzling funds. In fact, Arnold has already determined that tomorrow he will file a civil suit against Booker to recover Hyrax's money and go to the prosecutor's office to sign an embezzlement complaint against Booker. Arnold, however, tells Potsdam that the more evidence they can get against Booker, the stronger their case will be.Potsdam suggests that Arnold interview Booker before he presses charges, as Booker may make some remarks that would implicate him in the embezzlement. Arnold readily agrees to this. Potsdam tellsBooker that Arnold is investigating some problems in account record keeping to make sure Hyrax's procedures comply
c. Yes, because of his statements urging Booker not to worry
Lawyer Linda placed an advertisement in The Clarion, a newspaper of general circulation published daily in the community in which Linda practiced. The ad was to run every Tuesday and Thursday for a six-month period. The ad listed Linda's office address and office phone and properly identified her as all attorney. The ad also included the statement "after 5 p.m., call 932-4585," which was Linda's home telephone number. The ad further included Linda's Telex number, which was identified as such. WasLinda's ad proper?
c. Yes, because the information supplied will make it easier to contact her and make her services more accessible to more people.
Attorney Ariadne has an arrangement whereby a local radio station broadcasts four times each day a prerecorded tape advertising her services. Ariadne pays the station its standard rate for "spot advertising." The advertising tape is as follows: Ariadne Attorney, 355 Main St., is a fully licensed member of the State Bar engaged in general practice. She will handle bankruptcies for $150 and uncontested divorces where there are no custody or property problems for $250 plus the filing fee. She will take personal injury cases on a contingency fee basis, her fee being 30% of the amount recovered after deduction for costs. Ariadne Attorney offers a free consultation regarding your case. You may call 922-2739 for an appointment. Is Ariadne's advertising proper'?
c. Yes, there is nothing wrong with Ariadne's advertising.
Attorney Quarles is embittered as he has recently had to expend a great deal of time and money defending himself against a frivolous malpractice suit brought by a disgruntled former client. To forestall such suits in the future, Quarles decides to take extra precautions. As a result, he enters into the following arrangements with clients: I. Taping a "closing interview," during the course of which Quarles explains to the client each aspect of his handling of the case and asks the client if she understands fully the explanation, or if she has any further questions about the case. Quarles tells the client he is taping the interview. II. Agreeing to represent a client for no fee or for a low fee, but only if the client promises not to sue him for malpractice. III. Refusing to return a client's papers until the client signs a release of liability for malpractice. For which, if any, of the above is Quarles subject to discipline?
d. 11. and III., but not I.
Attorney Alondra and client Cyprian agree that Alondra will represent Cyprian for a contingent fee of 25% of any eventual settlement or judgment in a personal injury action. The case comes to trial and the judgment awarded is $20,000. The day after the trial, Cyprian calls Alondra and tells her, "I just talked to my brother-in-law's cousin; he's a file clerk for an insurance company and he says that any good attorney would've gotten $40,000 for the kind of injury I had. You shouldn't get any fee for getting mea measly $20,000." That afternoon a check for $20,000, payable to Alondra from the defendant, arrives in Alondra's office. It would be proper for Alondra to: I. Send $20,000 to Cyprian. II. Send $15,000 toCyprian and deposit $5,000 in her client's trust account. III. Send $15,000 to Cyprian and deposit$5,000 in her personal account.
d. I. and 11., but not III.
Shortly after the county grand jury handed down an indictment for armed robbery against fugitive Drooles, District Attorney Daly met with the working press outside the door to the grand jury room.Daly told the press, "You all know that I'm limited as to what I can say about pending cases, so I only have three statements to make to you. You can save your time and mine by not asking any other questions because 'no comment' is the only way I'll be able to answer them." Daly made the following three statements to the press: I. "Drooles has been indicted by the grand jury for armed robbery, but like all other American citizens he should be considered innocent until proven guilty." II. "Drooles was indicted after grand July testimony by two credible witnesses." III. "The public should be warned that Drooles is a fugitive and is considered to be armed and dangerous." Which of the above numbered statements was proper for the District Attorney to make?
d. I. and III. only.
Alexandra is a recent law school graduate who has just been admitted to the State Bar. She returns to her hometown, Sodville, a town of 20,000 in population in the center of the state. Gastrix, who has practiced out of a one person office in Sodville for many years, asks Alexandra to associate with him. He produces an employment contract that he asks Alexandra to sign. Gastrix is the only attorney in Sodville who regularly handles bankruptcy cases. The following provisions in the employment contract would bar Alexandra, for one year after leaving Gastrix's employ, from: I. Practicing law within a 50-mile radius of Sodville. II. Accepting any cases dealing with bankruptcy. III. Accepting business from clients who had been represented by Gastrix's law firm during the period of Alexandra's employment. For agreeing to which of the above provisions would Alexandra be subject to discipline?
d. I., II., and III.
Attorney Augusta decided to run against incumbent Judge Isadore in the forthcoming election. Isadore was widely regarded by members of the local bar as a "party hack," who had no business being on the bench. The opposition party was very pleased to be able to slate Augusta because she had a high reputation for intelligence, honesty, and overall competence as an attorney. Augusta realizes that she will have to fight an uphill battle to unseat Isadore because her political party is a minority party in the county and most voters know very little about judges and candidates for the judiciary and therefore, voters are likely to vote a straight ticket for judges of their own political party. Augusta wants the public to know that Isadore has been a poor judge, but she also wishes to comply with all ethical rules governing judicial campaigns. Attorney Eve, Augusta's best friend and chief advisor, suggests that Augusta should make the following statements during her campaign: I. "Judge Isadore has had the highest percentage of cases reversed on appeal of any judge in the state over the past two years." II."Eighteen months ago Judge Isadore was publicly disciplined by the State Judicial Conduct
d. I., II., and III., but not IV
During the trial of a case by attorney Alpha, attorney Beta, who had been playing a round of golf at Country Club, takes refuge from a sudden rainstorm in the "19th Hole Pub," Country Club's tavern for members and their guests. While in the "19th Hole," Beta sees attorney Alpha seated at a corner booth having a drink with Snyrd, whom Beta knows to be a juror in the case Alpha is presently trying.Attorney Beta considers his options; he can: I. Keep this knowledge confidential. II. Identify himself to Alpha and reprimand Alpha for drinking in a public place with a juror. III. Inform the State Bar. What should Beta do?
d. III. only.
Asterix, a recent graduate of a prestigious law school and a newly licensed member of the bar, enters into a partnership agreement with Ripoffe and Cheatum, a local law firm. One clause of the partnership agreement reads as follows: Any time after a partner has been a member of this firm for at least 12 months, said partner may be required to involuntarily withdraw from the partnership. As compensation for such involuntary withdrawal, said withdrawn partner shall be paid a sum 1/2 times his or her compensation for the 12 months prior to withdrawal. This compensation will be paid to the withdrawn partner in 12 equal monthly installments. Is Asterix subject to discipline if he signs the agreement?
d. No, as this is part of a valid withdrawal agreement.
Mr. Smith and Ms. Jones wish to trade parcels of real estate. Smith presently owns Puceacre and Jones owns Limeacre. Ms. Jones retains Alan Attorney as counsel. Jones wishes to complete the deal as cheaply as possible. She asks Alan to draw up papers for the transfer of property and asks him to order a title search and survey of Puceacre. Alan recommended a similar search and survey for Limeacre as well, but Jones replied that she wished to save money and did not need a search and survey for Limeacre. Jones and Smith exchange warranty deeds. Smith takes possession of Limeacre and Jones takes possession of Puceacre. A year later Smith contracts to sell Limeacre. The prospective purchaser of Limeacre orders a title search and survey. He then discovers that there are defects that will substantially reduce the value of the property. Smith eventually sells Limeacre, but at a price much lower than he could have commanded had the defects not been present. Smith sues Jones for damages and receives an award of $10,000. Jones feels that Alan is responsible for this and sues him to recover the $10,000. Is Alan subject to liability for malpractice?
d. No, because he was following his client's instructions.
Alfonso is mayor of the city of Dustbowl. Alfonso is also a licensed attorney who has a law partnership with Bella. Under the city charter of Dustbowl, the mayor has the authority to determine what issues are to be placed upon the agenda of the city council. Several council members have told Alfonso that they would like to see a particular zoning measure placed upon the agenda. This proposed ordinance would ban commercial development of a certain area within the city limits. Bella has been retained as attorney for Octopus Development Corp. Octopus has acquired land in the proposed noncommercial zoning area and has plans to construct a large shopping center there. May Bella represent Octopus in this matter?
d. No, because of Alfonso's position as mayor.
Tom Tuttle is the trustee of a trust for the care and support of his deceased sister's minor children. Tuttle wishes to sell some of the trust property to pay for the schooling of one of the children, who has special needs. Tuttle hires lawyer Lemke to file the appropriate papers to get court approval for the sale. In the course of the conversations between Lemke and Tuttle, Tuttle discloses that he has committed several breaches of trust in the past, including borrowing trust funds to pay for his home improvements and gambling trust funds at the race track. Most of the money has been repaid with reason able interest, and Tuttle tells Lemke that he has learned a few things about being a trustee, and will be much more careful about his handling of trust funds in the future. Lemke urges Tuttle to tell the court of his wrongdoing and resign as trustee, but Tuttle refuses. Lemke proceeds to represent Tuttle in the proceeding seeking court approval for the sale of trust assets. Lemke fills out all of the court papers truthfully and does not in any way slate anything false or misleading lo the court. The court does not inquire about the management of the trust or any dissipation of trust asset
d. No, because tile information was confidential
Castor and Pollux are law partners. Castor represents Scurvy, and Pollux represents Smythe. Both are criminal defendants whose cases are seemingly unrelated. During the course of an interview with Castor, Scurvy tells him that he was involved in the crime with which Smythe is charged and that he is willing to testify against Smythe if he can be granted immunity from prosecution on that charge and plea bargain the crime with which he is presently charged down to a lesser offense. Which of the following courses of action is proper for Castor?
d. Not inform Pollux and withdraw from representation.
Judge Josephine ruled in favor of Plaintiff in a civil action where Defendant was ordered to pay Plaintiff $50,000 in damages. Josephine has since resigned from the bench. Defendant has refused to pay the $50,000, asserting that the verdict was obtained through improper means. Defendant asks Josephine, now in private practice, if she will represent him. Would Josephine be subject to discipline if she represents Defendant?
d. Yes, because Josephine ruled on this case when she was a judge.
Lawyer Lydia represents defendant Dave, who is being prosecuted in a jury trial for an armed robbery and attempted murder that occurred on June 15. Dave has pleaded not guilty to the charges, but Lydia knows that Dave is the perpetrator and that the crime occurred at approximately 10 p.m. Vivian, the victim, testifies that she is certain that the crime occurred at 12 a.m. midnight. Dave has an airtight alibi for midnight. At 11:40 p.m. he was arrested on a drunk driving charge, and he was in police custody until 6 a.m. on June 16. On cross-examination, Lydia does nothing to challenge Vivian's recollection of the time of the attack. Also, as the trial unfolds, Lydia does not introduce ally evidence at her disposal that would help establish the time of the attack at 10 p.m. Lydia calls as a witness Officer Tatum, who testifies that Dave was in fact in custody at midnight on the night in question. Dave does not testify and is acquitted. Are Lydia's actions proper?
d. Yes, because Lydia did not present false evidence
Over the years, Broker, a real estate agent, brought most of his legal business to attorney Al, a well-established local lawyer As Al's practice expanded, he hired Alicia, a newly licensed attorney, to be his associate. Alicia graduated second in her class at Prestigious Law School, where she received top grades in the three trial practice courses she took there. Alicia also took a two-week seminar on trial practice offered by the state bar association's continuing legal education division, where her performance was praised by the experienced trial lawyers running the seminar However, Alicia had not yet appeared in court when Broker came to Al's office and asked him to file suit against Deadbeat to collect a $500 commission owed to Broker. A1 asked Broker if it was all right with Broker if Alicia handled his case against Deadbeat. A1 told Broker that Alicia had never actually appeared in court before, but that she was a very bright young attorney who had been a top student in the state's best law school. Knowing that collection filings were routine matters, Broker readily agreed to Al's suggestion.May Alicia represent Broker in the collection matter?
d. Yes, if she reasonably thinks that she is competent to handle the case.
Hemoglobin, a licensed attorney, represents Portia in a personal injury case. Portia has authorized Hemoglobin to settle the case for $2,000. She further tells Hemoglobin that if he receives $2,000 from the defendant, he may keep $750 of it as his fee, and that he should pay Dr. Arzt, the physician who examined Portia, $250 for his examination and treatment of her injuries. Hemoglobin reaches a $2,000 settlement with Defendant's insurance carrier. Upon receipt of a $2,000 check from them, he immediately places $750 in his personal account, sends Dr. Arzt a check for $250, and places $1,000 in his clients' trust account at Beelzebub National Bank. Sixty days after Hemoglobin received the $2,000 check, Portia calls him to inquire about any progress made on a settlement of her case. Hemoglobin tells her that he has settled the case and paid Dr. Arzt. Immediately after he hangs up the phone, he writes out a check for Portia in the amount of $1,000 and mails the check on his lunch hour. IsHemoglobin subject to discipline?
d. Yes, since he did not promptly pay his client the money due her.
The law firm of Rice and O'Malley represents P.J. Kilmer, a successful business person who has given the firm almost all of his substantial legal business. Kilmer is presently involved in complex civil litigation in which Kilmer stands to receive a large damages award if the suit is successful. Harmon, the attorney for the defendant in the case, has filed a motion that, if granted, would result in dismissal of the suit. The named partners have studied tile motion and feel that there is some merit in the motion, and at least a 50% chance that Judge Jensen, who is trying the case, will rule in favor of the defendant.During the course of explaining the defendant's motion to Kilmer, Rice and O'Malley call in Costello ,who is a recently hired associate. Costello is Judge Jensen's former law clerk, and wrote several speeches for her when the judge was running in a contested reelection campaign. Rice and O'Malley tell Kilmer that it would be to his advantage for Costello to argue against the motion. Costello, during the course of the meeting with the client, tells Kilmer, "I think we'll get a break on this because JudgeJensen owes me a favor." Is Costello subject to discipline?
d. Yes, since his statement implies that the judge will give him preferential treatment because of their past association.
Athos and Porthos are law partners. For many years their firm has represented Cardinal Industries, a local manufacturing firm. Cardinal gives tile bulk of its legal business to the firm. Such business is handled by Athos. Porthos has never done any work for Cardinal, but he knows that Cardinal is a major client of the firm. Along with other work for Cardinal, Athos is doing some collection work forCardinal. A number of Cardinal's customers have not paid their bills, and Athos is in the process of obtaining judgments against them. These particular judgments are all default judgments, as none of the customers have filed answers to the complaints within the time limit stated. Thus, the judgments will be handled in a routine manner by the court with virtually automatic rulings in favor of Cardinal. In the meantime, Porthos has been retained by Dartagnan Products, Inc. Porthos has been asked by Dartagnan to draw up a number of contracts. Athos files the papers/'or default judgments against Cardinal's delinquent customers. Among these customers is The Aramis Company. After the papers have been filed, Athos discovers that Aramis is an unincorporated division of Dartagnan Products. Athos tells P
d. Yes, unless his client consents after full disclosure.