Legal Profession Midterm [Hypotheticals Only]

A law student is applying for admission to the Colorado bar. When the law student was in high school, she and her parents lived in Nevada. Her next-door neighbor was an attorney admitted to practice in Nevada, but not in Colorado. The attorney knew that during the law student's junior year in high school, she was convicted of stealing from a liquor store. After serving her sentence, the law student went to college and later to law school. The attorney had had no contact with the law student since her high school years, and as far as she knows, the law student has not done anything since high school that would reflect badly on her character. The bar for the State of Colorado sent the attorney a routine questionnaire, asking a series of questions about the law student's character. The attorney does not know whether the law student disclosed the burglary conviction on her bar application, and she does not know where to contact to contact the law student to find out. Which of the following would be a proper response to the questionnaire?

(A) She should not respond at all because she has no relevant information to provide. (Wrong) (B) She should not respond at all because as a Nevada lawyer she is not obligated to provide information to the Bar of Colorado. (Wrong) (C) She should not mention the law student's burglary conviction in her response unless she first contacts the law student and obtains her permission to do so. (Wrong) (D) She should state what she knows about the law student, including mention of her burglary conviction. (Correct)

A client asks his tax attorney a series of questions about how best to manage his money. His final question iswhat would happen if he hid $10,000 worth of cash so that the IRS would not find out about its existence. The attorney answers honestly by telling him that he would likely subject himself to criminal liability and advises him against taking such action. Is the attorney's conduct proper?

A. Yes, No merely answering a question is not the same as assisting in a crime a. Merely answering a question is not the same as assisting in a crime. The Model Rulesprohibit a lawyer from knowingly counseling or assisting a client to commit a crime or fraud. This prohibition does not prevent the lawyer from giving an honest opinion about the actual consequences that are appear likely to result from client's conduct. RPC 1.2 [cmt 9]. B. Yes, because of the attorney-client privilege C. No, because an attorney may not advise a client regarding a course of action that is fraudulent or illegal. D. No, because attorneys should avoid answering questions that are not directly related to the case at hand.

A lawyer was just admitted to practice. A client walks into his office with a very complex land-use planning problem. The lawyer never took land-use planning in law school and knows nothing about the topic. He explainsto the client that he is a newly admitted lawyer with no competence in the area. Nevertheless, the client says that he is very impressed with the lawyer, insists that the lawyer represent him, and agrees to waive any malpractice claim that he may later have against the lawyer. After the client signs the waiver, the lawyer takes the case. Is itproper for the lawyer to represent the client?

A. Yes, because he can associate with co-counsel who is an expert in land-use planning. B. Yes, because he can buy a practice manual on land-use planning and study it without charging the client for his study time. C. No, because he did not advise the client correctly about the prospective malpractice waiver L is not permitted to make an agreement with a client prospectively waiving or limiting the lawyer's malpractice unless the client is independently represented in making the agreement. RPC.1.8. Although the lawyer tried to talk the client out of hiring him, he did not insist that the client be independently represented regarding the waiver. Therefore, the lawyer should withdraw from the case and not charge the client. D. No, because the Rules do not allow prospective malpractice waivers.

An attorney represented a client who has a long criminal history and thus thinks he knows a lot about criminal law. The client told the attorney to let him testify in his latest criminal case and to call his brother, who also has a long criminal history, as a character witness. Worried that the client's rough demeanor and sleazy mannerisms would alienate jurors and that the client would open the door to questions about his prior convictions, the attorney refused to allow the client to take the stand. The attorney also refused to call the client's brother totestify on the client's behalf. The client was subsequently acquitted. Should the attorney be subject to discipline?

A. Yes, because he did not allow the client to testify a. Ans. (A). Under RPC 1.2(a), the attorney should have let the client testify despite theattorney's concerns. Always get to do so in a criminal case. (B) is wrong because that is a tactical decision and not be a reason to discipline attorney (not the client). B. Yes, because he did not call the client's brother as a character witness. C. No, because an attorney can choose the trial strategy. D. No, because the client was acquitted.

An attorney and a client made an agreement that the lawyer will represent the client in a personal injury matter in return for a contingency fee of 30 percent of the plaintiff's recovery and that the lawyer will advance to the client the expenses of the litigation. Repayment of the expenses is to be made at the end of the case out of the judgment if there is one but, if there is no recovery, the client is responsible to reimburse the attorney for expenses. The attorney recovers $100,000 for the client and spends $10,000 on the expenses of the litigation. The attorney remits $60,000 to the client, reimburses himself for the $10,000 expenses, and keeps $30,000 as his attorney's fee. Has the attorney violated the Model Rules of Profession Conduct?

A. Yes, because the attorney calculated the attorney's fee on the gross amount of the recovery rather than the gross amount minus the expenses. B. Yes, because the attorney advanced the expenses of the litigation and repayment of the expenses was not contingent upon the outcome of the case. C. No, because a 30 percent contingent fee in a personal injury matter is not unreasonable, and the client agreed to repay the expenses out of the recovery. a. This is wrong b/c 30% won't always be unreasonable in a personal injury case D. No, as long as the client signed a written contract with the lawyer in which the client agreed to the calculation of the client's recovery in this way and the $30,000 fee is not unreasonable.

An attorney represents a company that sells widgets. The client told the attorney that an unusually large number of customers had recently returned their widgets. The client asked the attorney to review the client's contractual agreement with its customers and advise the client whether it had to accept the customer returns and refund the customers their purchase price. After reviewing the relevant contractual agreements and the law, the attorney advised the client that it only had to issue refunds to those customers who had returned their widgets within 14 days of purchase. The attorney recommended, however, that the client issue refunds to all customers who requested a refund, noting that it was in the client's long-term business interest to have fully satisfied customers. Was the attorney's conduct proper (138)?

A. Yes, because the attorney was required to give advice about relevant businessconsiderations. a. Incorrect. Rule 2.1 permits a lawyer to give nonlegal business advice to a client, but it does not require a lawyer to do so. B. Yes, because the attorney was permitted to refer to relevant business considerations. a. Correct. Rule 2.1 permits a lawyer, when giving advice to a client, to refer not only to law but to other considerations such as moral, economic, social and political factors. C. No, because the attorney was required to limit the attorney's advice to therelevant legal considerations. a. Incorrect. Rule 2.1 exists and it does not require that a lawyer place a statement in the engagement letter indicating that the lawyer will offer the client both legal and nonlegal advice. D. No, because the attorney's advice was contrary to the client's short-terminterests. a. Incorrect. Rule 2.1 permits a lawyer to refer to considerations other than law, including reputational risks and the client's long-term interests.

A lawyer has recently been diagnosed with a sleep disorder that causes him to fall asleep without warning. His doctor has not yet found the appropriate medication regimen that would keep him from falling asleep in court. Aclient, sympathetic to the lawyer, signs a waiver and wishes to have the lawyer represent her anyway, even though his inability to stay awake is likely to affect her case. The lawyer continues to represent this client. Is thelawyer's conduct proper?

A. Yes, because the client signed a waiver. B. Yes, because lawyers may always choose which clients to represent. C. No, because the lawyer did not obtain permission from the court D. No, because the lawyer must withdraw from representation if he has a physical condition impairing his ability to serve the client. 1. L must withdraw from representation if he has a physical condition impairing his ability to serve the client. L shall not represent a client or where the representation has commenced, shall withdraw from representation of a client if the lawyer's physical or mental conditionmaterially impairs the lawyer's ability to represent the client. No provision for waiver to bypass the rule. [RPC 1.16]

Lawyers Manson and Nunes are good friends and enjoy running together. One day, they were running and mutually complaining about the tax laws. i. Situation 1: Nunes mentions that he does not worry about tax increases because he just underpays his income when the taxes go up. Must Manson report Nunes to the disciplinary authorities despite the fact that Nunes was discussing his personal affairs?

Ans. Yes, it is illegal conduct involving dishonesty and must be reported.

A lawyer establishes a trust account for his practice. He regularly deposits funds that belong to clients, including deposits for future legal fees into that trust account. The lawyer occasionally deposits relatively small amounts of his own money into the account, but the lawyer never withdraws any money for his own use that does not rightfully belong to him. Is the lawyer subject to discipline?

A. Yes, because the lawyer commingled personal funds and client funds. B. Yes, because the lawyer did not obtain the informed written consent of the clients whose money was in the trust account. C. No, as long as the personal funds deposited into the trust account were only in amounts necessary to pay bank service charges. D. No, because the lawyer never withdrew money from the trust account that did not rightfully belong to him.

A lawyer, looking to increase the size of his practice and obtain more clients, decides to advertise in the localnewspaper. The lawyer takes out an advertisement stating that he is a "specialist in divorce law and estate law." A thorough search reveals that he is not certified by any accrediting organization in estate law, but that he does have certification as a family law attorney. Is the lawyer's conduct proper?

A. Yes, because the term "specialist" is generally permitted as long as it is not false and misleading. a. A lawyer is generally permitted to state that the lawyer is a "specialist," practices a "specialty," or "specializes in" particular fields, but such communications are subject to afalse and misleading standard. A lawyer may not state or imply that he is certified as a specialist without a specific certification, but here the lawyer does not use the word "certified" [7.4]. Thus this is the correct answer. B. Yes, because there are no organizations that certify specialists in divorce law. a. Wrong b/c the lawyer did not claim to be a certified specialist, merely a specialist. C. No, because a lawyer cannot hold himself out as a specialist without appropriate certification from an approved organization. a. Wrong b/c the lawyer may generally say that he is a specialist as long as he does not say he is a certified specialist as long as he has the appropriate certification. D. No, because the term "specialist" is disallowed under the rules. a. Wrong b/c the term specialist is allowed under the Model Rules

A criminal defense attorney voluntarily submitted his name for inclusion on a list of attorneys willing to serve as appointed counsel for indigent criminal defendants. The criminal defense attorney is also quite active in local community efforts on behalf of the underprivileged and abused children, and he takes on many cases on a pro bono for children needing protection from abusive homes or help from government social service agencies. The clerk of the local criminal court contacted the criminal defense attorney and told him that his name was next on the list for appointed counsel and that the next case involved a particularly poor defendant. The criminal defense attorney had read about the case in the newspapers and believes that the defendant was guilty of the crimes charges - that the defendant committed a series of murders involving children and torture. Personally revolted by the prospect of defending someone who victimized innocent children, and fearing that the negative publicity from the trial would jeopardize his standing with the various community groups he belonged to, the criminal defense attorney falsely told the clerk that he was going on an extended business trip and would be unable to represent any new clients for the next two weeks. The criminal defense attorney asked the clerk to skip over his name for this appointment and stated truthfully that he would be happy to take the next indigent defendant case available upon his return. Was it proper for the criminal defense attorney to seek to avoidappointment to represent the defendant?

A. Yes. An attorney should not agree to represent a criminal defendant if the attorney has already formed an opinion that the client is guilty. B. Yes. An attorney should not take a case to represent a client if the attorney's personal feelings are so strong that the representation of the client is likely to be impaired. a. Ans. (B). A L can seek to avoid representation for good cause. (RPC 6.2). An example of good cause includes where the client or cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer's ability to represent the client. [RPC 6.2(c)]. C. No. An attorney who asked to be on the list to represent indigent criminal defendants cannot refuse to take cases offered once he is sought as appointed counsel for an indigent criminal defendant.

Hadia, a 2nd year law student, has a choice between a summer clerkship with a large law firm and traveling to south America for the summer. The clerkship pays more, so she takes it. What types of tasks can she do without violating UPL?

Administrative and research tasks but can't appear before a court or advising clients. Some states allow students to do more as part of training programs - preparing briefs and pleadings, interviewing clients and witnesses, appearing in court as part of a supervision program. Supervising attorney retains responsibility RPC 5.5.

Tanya Tieson is a law student at the University of Texas and chief justice of its moot court program. Her sister, Mallory, has a rare disease that can only be cured by an operation that will cost $4,000, but her sister has no money. And the Tieson family has no health insurance that would cover the costs. Tanya embezzles $2,000 from the moot court bank account. The school finds out about Tanya's actions, but she repays the money that summer after making a lot of money as a summer associate at a large law firm. The following year, Tanya asks Dr. Martin, University of Texas's dean, to be one of her references on her application to the bar. The application asks Dean Martin whether Tanya is of "good moral character" May Dean Martin answer "yes" to this question and decline to disclose the embezzlement?

Ans. (RPC 8.1) No. If Dean Martin is a lawyer, he becomes subject to 8.1. For Dean Martin to say that Tanya is of good moral character without disclosing the fact that Tanya has just committed a major felony involving breach of trust, definitely violates at least the "fact necessary to correct a misapprehension" part.

One of your clients is Diana Diamond, a businesswoman and very influential member of the community. Diana visits you and tells you that her nephew, James, has just graduated from law school and wants to take the bar exam. She shows you James's impressive resume and tells you that although she doesn't know James that well, her brother (James's father) tells her that James is honest and hard-working. You have never heard anything about James, good or bad. May you write a letter recommending James's admission?

Ans. (RPC 8.1) Probably not. Write the letter only if you conduct an independent investigation, which satisfies you that James is qualified. But a letter identifying the source of the lawyer's knowledge would not subject the lawyer to discipline.

You recommend your law clerk, John Beck, for admission to the bar. You did not know that John steals from various apartments in his apartment building at night and deals in illegal narcotics. All you know is that John dresses very well at work for someone making very little money. In your recommendation, you laud John's fine, upstanding moral character. Are you subject to discipline for your misstatement?

Ans. (RPC 8.1). Both sub-rules apply only to facts known to the person (you). Since you had no idea Beck was a burglar and narcotics dealer you are not making a false statement and are not subject to discipline.

Attorney Waters willfully failed to file a personal federal income tax return, knowing that she owed a substantial amount of tax. Is she subject to professional discipline?

Ans. (RPC 8.4) Likely yes. Even though Waters conduct is not connected with practice of law, she is subject to discipline. It shows dishonesty, untrustworthiness, or unfitness to practice law.

Attorney A uses TeleMarket, Inc. to solicit fee-paying legal work from persons who have been named as defendants in debt collection cases. Telemarket employees obtain lists of prospective clients from current court filings. Then TeleMarket uses computerized phone equipment to call each prospective client and plays a recorded message from A. What must A put on his, her, their recorded message?

Ans. A's recorded message must begin and end with an announcement that identifies it as advertising material.

John Jay, a family law attorney, wants to sell his house at (1234 Lane). He misrepresents the integrity of the structure to the buyer in the sales contract. Is he subject to discipline? How about if he writes a blog about the house on a house sales website in which he says it is right next to a lake, but there is no lake within 10 miles of the property?

Ans. Andrea Yes, 8.4 (c), misrepresentation

Lawyer B is a member of a very politically prominent family. Both have mother and father that are judges, and his father was once governor of the state. It would be improper for B to mention his prominent relatives in the course of getting legal employment, as this implies that he has some sort of improper influence with the courts or the government. What would happen if a client mentions B's relatives?

Ans. B is obligated to say that he cannot influence his relatives on his client's behalf. Needs to make that known.

Lawyers Manson and Nunes are good friends and enjoy running together. One day, they were running and mutually complaining about the tax laws. Situation 2: Nunes mentions that he goes directly to potential clients to advertise his legal services in person (which is against the RPC). He also mentions that he allows his nonlawyer legal assistants to draft motions for an extension of time for court and Nunes never reviews or reads their work before he signs the pleadings (also in violation of the RPC).

Ans. It is conduct in violation of RPC, but Manson can report it if she wants to, but it is not mandatory since it is not dishonesty, trustworthiness, or fitness as a lawyer.

You are an estate lawyer. You run a newspaper ad reading, "Simple wills— start to finish--$1,000." John Doeresponds to the ad. At your initial meeting you tell Doe that because there are complex trust issues in his will, it will cost $2,000. Are you subject to discipline?

Ans. Likely no. Not a simple will unless the interpretation of "simple" would involve Doe's will. Need to look at whether the ad is false and misleading under 7.1.

Attorney A is admitted to practice in Maryland and Virginia. She is employed as an in-house lawyer by General Motors (GM) which assigns her to be the legal advisor in the GM office in Idaho. Does A need to be admitted to practice in Idaho but if she wants to represent GM in a suit pending in an Idaho court?

Ans. No 5.5(d) but, she must seek admission pro hac vice if she wants to represent GM in court in Idaho.

The law firm of Bake & Fry advertises that its practice is limited to personal injury, and that "if we do not recover for you, you don't pay us a dime; if we do recover, you pay us just one-third of the recovery." The ad says nothingabout the need for the client to pay for things connected to the litigation. In fact, B&F's standard retainer agreement requires the client to advance the first $2,000 of costs and fees and this $2,000 is in addition to the one-third fee. Is the advertisement acceptable under the Model Rules?

Ans. No under 7.1 - materially misleading. It hides costs that the client must pay.

Attorney A agreed to defend client D in a drug smuggling case. A clause buried in the middle of A's wordy fee arrangement provided that all work must be paid for in advance. D paid A $2,000 in advance. In the middle of preparation for the trial, A told D that the original advance was used up and that if D did not advance more money, the work would stop. Was A's conduct proper?

Ans. No, it was not proper. Made a fee arrangement that could curtail services in the middle of the relationship and then put client in a disadvantage.

X came to lawyer L's office and asked to employ L in a confidential matter. X then said that he was the hit and run driver in the car wreck reported on the front page of today's newspaper. X asked L to negotiate with the authorities for him, but not to reveal his identity without first getting X's specific permission. Later, the parents of the victim in the hit and run brought a wrongful death action against a John Doe defendant. They subpoenaed L and asked her to reveal the identity of the person who had consulted her about the hit and run. Can the court compel L to disclose X's identity?

Ans. No, the attorney client privilege protects it because to reveal it would be tantamount to revealing X's statement that he was the hit and run driver.

The law firm of Varni and Varni, a personal-injury firm that collects all its fees from contingency agreements, employs two law clerks, two paralegals, and four secretaries. The firm has a profit-sharing plan with all its employees. Contributions depend upon the contingency fees the firm collects (for instance, each administrative assistant gets one percent of the firm's profits). Is this prohibited?

Ans. No. Both profit sharing plans and retirements plans are exceptions to the "no fee splitting with non-lawyers" rule. Mode Rule 5.4(a). Of course since the profits of the firm come directly from fees, it is truly fee splitting but it is fine regardless. But if the fee splitting was on a case by case cash basis - e.g., for every case an administrative assistant gets cash equal to one percent of the recovery, this would be prohibited fee splitting.

You represent various real estate developers. You put all of their electronic deposits (advances for future attorney's fees) into one account and your own funds in another account. Are you subject to discipline for lumping together all of your client's funds into a single account?

Ans. No. It is true that a lawyer may not commingle his own funds with his client funds. Mode Rule 1.15(a).On the other hand, in the vast majority of cases, it's perfectly all right to have one common "trust account" for money from all clients, although of course you need to keep detailed records as to which funds belong to which client. But under 1.15, cmt. [1], a separate trust client trust account may e called for when the lawyer is acting as a fiduciary, such as when administering estates. You couldn't put your own funds in the client trust account, except that you can deposit your own funds to cover bank charges. NOTE: The lawyer would be subject to discipline if even if the lawyer put her own funds in the client trust account to provide a buffer against accidentally bouncing a check. Even if the intention is to protectthe client, you are still subject to discipline.

You employ Jane Johnson, a private investigator. All of your revenue comes from your legal practice, out of which you pay Johnson a salary of $2,000 a month. Is this "fee splitting" prohibited by the Model Rules?

Ans. No. Johnson's salary is not tied to your fees for legal services. The same would go for secretaries, clerks, and the like. If Johnson was paid 20 percent of anything you bring in. This would be true fee splitting by MR 5.4(a).

You practice law in Ann Arbor, Michigan. Mary approaches you, asking you to represent her in a battery case against Ben Hater. The incident took place in New York City where Ben lives. You forward the case to Sandy Filing at the Law Superior Firm, who practices in New York City. But you do some local depositions and keep Mary informed of the progress of the case. You and Sandy split the fee, with your take reflecting approximately the proportion of the work that you did. (Mary consented to the arrangement.) Are you and Sandy subject to discipline for fee splitting?

Ans. No. Model Rule 1.5(e) governs. Lawyers who are not in the same firm may split fees if the division is in proportion to the services performed by each lawyer. However, the client must be advised of thearrangement and acquiescence and the total fee must be reasonable. Everything is satisfied here so it is ok. By the way, if the lawyers "assume joint responsibility" for the representation, they may split the fee even if the split is not in proportion to the services rendered by each, as long as the client consents to the arrangement in writing.

In your ad for your law firm you mention that "The Boeing Company" is one of your regular clients for employment law issues. Assuming that this is true, to avoid discipline, what must you do before you include this fact in the ad?

Ans. Prior written permission from Boeing to list its name. Names of regularly represented clients may onlybe disclosed with written consent; otherwise the attorney will be subject to discipline. RPC 7.2, cmt. 2.

Heute, a lawyer, is campaigning for a local judgeship. You are a member of the local bar and know Heute very well. You know that Heute snorts cocaine on a regular basis, drinks to the point of unconsciousness, and occasionally takes small bribes. Is there a duty to report this?

Ans. RPC 8.3(b) - clearly violations of judicial conduct that are serious enough to raise a substantial question about the judge's fitness. Therefore, if you do not report him, you yourself are subject to discipline.

Andrea Green, a lawyer, is a recovering alcoholic with ten years of sobriety. She volunteers to serve in her local bar association's lawyer assistance program. Tom Needle seeks assistance from the program and tells Andrea that he drinks a bottle of whiskey every morning with his cookie crisp cereal and that by noon he can barely carry on a coherent conversation. Does Andrea have an obligation to report Tom to the state bar?

Ans. RPC 8.3(c). No because this was through an approved lawyer assistance program.

Attorney Mary Reading is a corporate lawyer. She is married, but becomes romantically involved with her paralegal, Vladislav Maticov, and she has his baby. Adultery is a crime in the jurisdiction. Under the RPC, is Reading subject to discipline? How about if Reading had a romantic relationship with a client which began two months after working with him? What about if Reading was so upset after the relationship ended with Vladislav that she drank too much at a bar and was pulled over for drunk driving (no one was hurt and this was a first offense)?

Ans. Regarding the first part, likely not under RPC 8.4(b). But if Vladislav had been a client, likely yes - RPC 1.8. As for the drunk driving, probably not but if she had multiple drunk driving violations, then may exhibit a pattern that she has an alcohol problem. It may go to her fitness to practice as a lawyer.

Larry the circus performer works for the Chicago circus under a long-term contract. He is lured away by more money by the Indianapolis circus. Chicago circus hired you to handle its breach of contract case against Larry. Soon after the relationship is formed, you orally agree with Chicago circus that you will receive $75/hour for your work on Larry's breach of contract case. It isn't clear whether the cost of long-distance calls, photocopying, and other incidental expenses will be included in the $75/hour. Barring any other facts, in whose favor will the extra expenses dispute he resolved - the Chicago circus or yours?

Ans. The Chicago circus. With any oral fee arrangement, the attorney has skill and knowledge that theclient does not have and as a general matter, the attorney is responsible for creating the fee agreement.Any ambiguity resolved in client's favor.

Attorney James Johnson knows that it is a violation of the RPC to approach an accident victim at the scene of the accident and offer his legal services. Attorney Johnson asks his brother-in-law, _____, a tow truck driver to give Attorney Johnson's business cards to people involved in the accidents that the brother is called to tow.

Ans. The attorney is guilty of professional misconduct under 8.4(a) for using the acts of another to violate a rule.

ABC Mining Company in South America pays the U.S. Stark and Stark environmental defense firm a monthly retainer fee of $1,000 a month simply to be available to represent ABC in case of an environmental or child labor lawsuit in the United States. The retainer fee agreement provides that the $1,000 per month will not be credited against hours spend on ABC's legal work. What happens if ABC fires Stark and Stark or Stark and Stark must withdraws from the representation?

Ans. This is a true retainer fee. If the A&B firm withdraws or is fired from a particular case, it may keep the retainer payments provided: (i) the retainer amount was reasonable, and (ii) it has not violated the retainer agreement.

You graduate from law school, pass the bar, and hang out a shingle as a general practitioner. Ted Thomas hires to represent you in a product's liability action against the Toxic Company. An inside scientist, Dr. Hyde, knew thatthe company was doing bad things and had created records proving the toxic nature of the products. Anexperienced lawyer would have subpoenaed the company's records, but it never occurs to you to do that and you lose the case. When he reads about the decision in the local newspaper, Hyde calls Thomas to ask why the lawyer never called him to testify and did not subpoena the records. Thomas sues you for malpractice based upon your incompetence. You claim you breached no duty of care because your work met the standard of care for a new lawyer. Who wins?

Ans. Thomas wins. New actioners don't get a different standard of competence from that imposed on more experienced practioners

Vicky Manson is a real estate developer in Georgia who loses a bundle when her properties are destroyed by a hurricane. You represent Manson, who as a result of the disaster, has three claims against various insurance companies. Manson advances you $5,000 representing the cost of some depositions and evidence gathering that you believe will be required. You deposit this $5,000 in your regular firm account. You then use $4,000 to pay for the depositions and evidence-gathering, and refund the balance to Manson. Are you subject to discipline?

Ans. Under Model Rule 1.15(a), yes. It is clear that the advance for costs and expenses was the property of the clients, so it was required to be segregated from your own funds. Therefore, you should have put the funds into your client trust account.

Lawyer Vinta agreed to represent client C in a divorce case for $100 per hour. V's written fee contract with C provided that C would pay V a $2,500 "nonrefundable retainer" and that the retainer would be "credited against C's charges." C fired V after V did $1,000 worth of work on the case, but V refused to refund any part of the retainer. What must V do in order to avoid discipline?

Ans. V must refund $1,500 to C; the fee contract does not clearly explain the meaning of the nonrefundable retainer and it ought to be construed against V, who drafted it.

You, as a lawyer, act as a proctor at the state bar examination. You see the name of an old girlfriend/boyfriend on the list as a bar examinee, but you see someone else in that seat instead. You know it is not her/him. After the exam, you confront the person and the person admits that your old boyfriend/girlfriend asked the person to take the bar on their behalf because they were not ready to take the exam. But you do not want to get your former girlfriend/boyfriend in trouble. Are you subject to discipline if you say nothing?

Ans. Yes (Rule 8.1). Need to safeguard the integrity of the bar and need to correct a misapprehension known to have arisen by the proctor. You have a duty to report this.

Attorney X had been aware that Attorney Y, a partner in her law firm, had a drug problem for a long time. X though did not have any proof that it was affecting Y's job performance. One day, X ran into Y as Y was on his way into court. Y was clearly under the influence of drugs and could barely talk coherently. Y said he was ok because he had been able to function under worse circumstances. Does X need to report Y to the disciplinary authorities?

Ans. Yes because X did not learn of the drug problem in the context of an approved lawyer's assistance program or an attorney-client relationship.

Businessman has been charged with fraud and money laundering. In light of this, the authorities have frozen his financial accounts. Prior to the freezing of his accounts, the businessman hired a criminal defense attorney. Thecriminal defense attorney has been preparing for trial for over a year, conducting investigation and finding expertwitnesses. After a year of preparation, the criminal defense attorney has still not received any payment from the businessman. He wants to withdraw from the case, and informs the court of his decision. However, the judge tells the criminal defense attorney that he cannot quit, even though he has yet to be paid. Is the judge's action permissible under the Model Rules?

Ans. Yes, 1.16(b) specifically authorizes permissive withdrawal in cases where the client has failed to pay the lawyer after given reasonable warning the lawyer will withdraw if the clientdoesn't pay. However, in this case, litigation is pending before the court and therefore the court's permission is generally required. A court likely will deny permissive withdrawalwhere interests of those other than the client or where withdrawal will impede the administration of justice. Here, if businessman had to find new counsel, trial prep would begin again, possibly delaying trial for another year. The Court can deny the motion for withdrawal if it will impede the administration of justice.

Attorney A agreed to represent P as plaintiff in a toxic tort action. P agreed to pay A $75 per hour for her work, and P agreed that the fee could be deducted from the proceeds of the lawsuit before remittance to P. After expending 100 hours on the case, A arranged a settlement of $50,000, and the defendant sent A a check in that amount. A deposited the check in her client trust fund account and notified P that it had arrived. The same day, A sent P a statement for services showing 100 hours of work and a total fee of $7,500. P protested the fee, saying that she would pay $5,000 but not a cent more. Furthermore, P demanded immediate payment of the entire $50,000. A then sent to P $42,500, transferred $5,000 to her personal bank account, and kept the remaining $2,500 in her client trust fund account. P and A ultimately submitted their fee dispute to arbitration; when the arbitrator rules in A's favor, she transferred the $2,500 to her personal bank account. Did A handle the matter properly?

Ans. Yes. A did handle the matter properly. Not in dispute: $42,500 for client and $5,000 for attorney. Amount that stays in client trust fund account until dispute resolved: $2,500.

Jane Doe comes to you for an initial consultation concerning an emotional distress claim against Valera Vivaldi. During the meeting between the two of yo, you decide that you will represent Jane. Nothing is mentioned about your fees. You begin handling the case, and there is no discussion about fees while the case is pending. When it's over, you send Doe a bill based upon what is in fact a usual hourly rate in the locality for the type of work involved. Are you subject to discipline?

Ans. Yes. If the lawyer has not regularly represented the client, establishing the basis of the fee up front is mandatory - the lawyer is subject to discipline if he doesn't do so. 1.5(b) says the scope of representation and the basis or rate of the fee and expenses for which the client will be responsible shall becommunicated to the client, preferably in writing, before or within a reasonable time after commencing the representation. Can't wait until the matter is over - that is not a reasonable time.

Client Cindy asked Lawyer Larry to represent her as a plaintiff in a medical malpractice case. The issue of liability was clear, the damages were expected to be very large, and the defendant doctors were very wealthy. The case was a clear winner, and L knew that he could settle it with only a few hours of work. Nonetheless, Larry signed Cindy up to a 33 percent contingent fee agreement. After two hours of work, Larry arranged a very big settlement that Cindy accepted. Is Larry subject to discipline?

Ans. Yes. It was unreasonable for Larry to use a contingent fee agreement in the first place, and it would be unreasonable for Larry to collect 33 percent of the settlement proceeds. Model Rule 1.5, cmt. 3.

Dena Davis contacts you concerning a personal injury claim against Lucy. After an initial meeting, you tellDena Davis that you will contact him in a few days and tell him whether or not you will take the case. When you meet, the statute of limitations on Davis's claim has 3 months left to run; you fail to contact Davis in that time and she is left without a valid claim as a result. David sues you for malpractice based upon negligence. She proves that she would have won the case but for your negligence. You defend on grounds that you didn't formally accept Davis's case, so you can't be subject to a malpractice liability. Are you correct?

Ans. Yes. L's duty began when it was reasonable for the client to rely on the lawyer to provide professional advice or to perform some act. Here, reasonable for client to wait for L's response.NOTE: If Davis could not have proven she would have won the lawsuit, likely not be able to show negligence.

Lawyer Bean advertises his law practice in your local newspaper. The ad includes the statement, "In hermalpractice suit against her obstetrician, I got Mrs. C a $5 million jury verdict." Bean has Mrs. C's writtenpermission to include this statement, which is true. Is Bean subject to discipline?

Ans. Yes. RPC. 7.1 - creates an unjustified expectation about the results achievable by the lawyer. Thisstatement suggests that the lawyer, rather than the merits of this client's claim resulted in the substantial verdict amount. Such statements, through true, are subject to bar discipline

Boreen, a criminal defense lawyer, runs a newspaper ad. In it, Patricia, one of his recent clients states: "I wascharged with theft. Boreen got me off, even though my guilt was as plain as day." Boreen has Patricia's written permission to include the statement in the ad. Under the Model Rules, is Boreen subject to discipline?

Ans. Yes. Rule 7.1. The ad is misleading since there is a substantial likelihood that it will lead a reasonableperson to come to a conclusion about the lawyer's services for which there is not reasonable factual foundation. This statement also implies that the lawyer and not the merits control the outcome.

Your law firm represents the Johnson Bolt Company and Mary handles most of the company's work. The Johnson Bolt Company board of directors approves a benefit plan under which the corporation will pay certain personal legal expenses of its officers. Several officers then choose Mary's firm to represent them in such personal matters. May Mary's firm ethically bill the company for services performed for an officer on a personal matter covered by the plan?

Ans. Yes. This is permissible - 1.8(f). Assuming clients understand how the bills are being paid, you may bill the corporation for the work, as long as Mary maintains her professional independence and preserves the client's individual confidences.

You represent Tanya, who is buying some commercial real estate. He gives you a check for $1 million, which is intended as a deposit to be paid to the seller if the transaction gets you that far. You put this check into your personal account, but you are scrupulously careful not to touch the funds. When the transaction goes forward, you pay $1 million to the seller. Are you subject to discipline?

Ans. Yes. You have commingled a client's funds with your own. Prohibited by 1.15(a). Since the $1 million belonged to Wizard until it was paid to the seller, the money was required to be kept in a separate bank account "a trust account." The rule against commingling applies to clients' property as well as money.Model Rule 1.15(a).

You have been appointed by the court to represent David Jones, a man accused of killing someone with a hammer. In your pre-trial meeting with Jones, he tells you the case should be easy to win. "All you have to do is put me on the stand and let me say that I only have an apartment and work as an accountant, so there is no need for me to have a hammer. Also, I already threw out the hammer so there should not be any evidence tocontradict me." You tell him you do not want toput him on the stand under these circumstances but he insists.Can you withdraw from the case?

Ans. Yes. You know that Jones intends to perjure himself on the stand and you cannot offer testimony under these circumstances. See 3.3(a). If Jones cannot be talked out of his plan to give false testimony, you MUST withdraw. 1.16(a)(1) (representation will result in a violation of the RPC or other law.). But because court involved and you are appointed counsel, must get court permission. Can only tell court, "Professional considerations require that I terminate my representation.

C hired attorney A to draft a trust agreement naming B as a beneficiary. A drafted the trust agreement negligently, making it subject to an unnecessary tax; the tax reduced the amount that B could receive from the trust. Can B sueattorney A for malpractice as a third-party (not the client)?

Because B was intended to benefit from A's services, and because the potential for harm to B was obvious, B has a good malpractice claim from A

Lawyer L is a certified specialist in family law. Many of her clients are women and men who want to divorcetheir husbands and wives and also want to find work outside the home, L and one of her nonlawyer friends own and manage "Jobs For Everyone (JFE)," a job placement service. When one of her law clients need a job, Lusually refers the client to JFE. L is always careful to tell the client that she has a personal financial stake in JFE, but L does not explain that RPC do not apply to services rendered by JFE. What are consequences?

L is therefore bound by the RPC is her job placement at work (RPC 5.7).

Attorney A has a reciprocal referral arrangement with a "debt collection" company. Employees of the companyinitiate personal, face to face conversations with debtors and advise them about loans and ways to get out of debt.If it appears that a debtor needs legal assistance, the company employee refers the debtor to A. In return, when one of A's clients need help getting a loan or managing debts, A refers the client to the company. Is this ok?

No - 7.3 violation. The lawyer is using the debt consolidation company to initiate personal, face to face communications with potential clients.

Lawyer L hired R to be a "claims investigator." R's work involve checking accident and crime reports at the localpolice station and then personally contacting those involved to "advise them of their rights." L gives R copies of her standard form retainer agreement and instructs R to sign up clients when possible. Is this ok?

No, 7.3 violation

An attorney hangs around in the hallway of the courthouse, offering legal services for a fee to criminal defendants who are not represented by counsel. Is that ok?

No, A is subject to discipline. 7.3(a).

An attorney hears on the radio that a person was badly injured in an accident and quickly telephones that person's spouse offering legal services for a fee. Is that ok?

No, A is subject to discipline. 7.3(a).

Mary hired lawyer L to bring a civil suit against D. As it turned out, Mary's claim against D had no sound factual basis, and L would have recognized that from the outset had L not been negligent. D incurred trouble and expense in defending the suit. Can D sue the lawyer for malpractice

No, D has no negligence claim against L because D was not intended to benefit from L's services and D was not any other type of protected nonclient.

Monique recently passed the bar in the State of Florida and has been admitted to practice law there. Monique has no experience in litigation and just focuses on transactional work. Judge Barr requests that Monique represent Harry, an inmate in prison, in a complex civil suit against prison officials alleging mistreatment. Do you have an ethical duty to take the case.

No, ethical obligation is to accept court appointments when there is not good cause for declining. Good cause exists if the lawyer could not handle the matter competently. Comment [2] to RPC 6.2. Here you do not have the skills, experience, or temperament to competently handle the case

Lawyer Katya is actively pursuing new business for her law firm and meets in-house counsel Jenna at a neighborhood social gathering. Katya knows that Jenna is in charge of hiring outside counsel for her corporateemployer. In hopes of gaining some of this corporate business, Katya starts to talk with Jenna and suggests thatthey meet for coffee some time to discuss the legal needs for outside counsel that Jenna's employer might have from time to time. Is Katya subject to discipline for this solicitation?

No, this is fine. exception for solicitation since it involves another lawyer.

At the end of his third appointment with Lawyer L, a new client asked how L planned to charge him for the work. L responded: "In a matter of this nature, it's simply impossible to tell you in advance what the fee will be. But you have my assurance that it will be a fair fee." Did A handled the fee issue properly under the ABA model rules?

No, under 1.5(b)

Liz is unhappy with her marriage and wants to divorce her husband, Larry. She has been through six or sevendivorces before and knows the importance of having a good attorney. She gets the names of three family lawattorneys in town and sets up appointments with each for a consultation. In her meetings with these attorneys, shediscusses their education and experience, as well as their work style. She does not get into the specifics of her own case and states that she is interviewing several attorneys. At the conclusion of one of her meetings, the attorney says he would be pleased to help her and that he can forward a retainer agreement to her immediately. Liz simply smiles, "I'll be in touch." Has she formed an attorney-client relationship?

No. An attorney-client relationship is formed when a client seeks and receives legal advice on a serious and substantial matter, or when the client enters into a formal agreement for representation. Liz has not soughtout any legal advice, nor has any been given. In addition, she did not show a desire to work with the attorney.

A legal aid lawyer represents a client who is alleging that the housing complex has been discriminating on the basis of race in making repairs. The lawyer decides to go door to door in the housing complex to find out if other tenants have had similar experiences, and whether they are willing to bring suit. Will the lawyer be subject to discipline for her actions?

No. Not doing it for pecuniary gain but rather to pursue political and ideological goals.

Attorney spends three hours working on client A's case while flying on an airplane to take depositions in client B's case. What are some of the ways the Attorneys can bill A and B for this travel time and what must the attorney not do?

She may charge either one or the other for the full three hours, or she may apportion the time between the two clients. Attorney must not bill B for three hours of travel time if she elects to bill A for three hours of work time.

The ABC law firm learns that the Lincoln Teacher's Association wants to form a group legal service program for schoolteachers. In such a program, the association would contract with a local law firm to provide a specified yearly amount of legal service to each teacher subscriber. What can the ABC firm do?

The ABC firm may initiate personal contact with the association to present a proposed plan. Furthermore, if the association ends up hiring the ABC firm, it is proper for the association to make personal contact and live telephone contact with school teachers to urge them to subscribe to the plan.

Attorney A won jury verdicts in excess of $500,000 in the last three toxic tort trials (chemical spills and resultingillnesses in the community), she took to trial. Her television advertisement includes that truthful statement without explaining that the recovery in toxic tort cases varies dramatically, depending on the precise facts surrounding the plaintiff's exposure to toxic chemicals. Is A's statement misleading?

Yes, this is misleading.

For many years, lawyer L has represented a widower W in personal and business matters. Now W's physical and mental condition make it unsafe for him to continue living alone in the old family home, and he has no close relatives or friends to assist him. L may search out suitable living quarters for W, where eating facilities and medical help are close at hand. How should L treat W during this time?

To the extent possible, L should involve W in making the decision to move. If L reasonably believes that W needs a conservator, she may, if necessary, disclose confidential information about W's condition. After aconservator is appointed, L should still treat W as her client, consulting with him, keeping him advised of developments, and allowing him to make all decisions of which he is capable

Norman Jones is arrested on murder charges. He hires you to represent him. You have serious doubts about his mental competence. He discharges you in a fit of rage. What should you do?

Usually, as a rule, the client has the absolute right to discharge (fire) the attorney at any time.However here b/c of incompetent-client scenario, you should make a special effort to consider consequences of firing you. 1.16 cmt. [6]. Then, if that doesn't change Norman's mind, you should think about taking reasonably necessary protective action as provided for in 1.14(b). See 1.16, cmt. [6].

Attorney A is admitted to practice in California only, and she works for a law firm that regularly represents a nationwide labor union. The union is trying to organize workers in Texas, and A is sent there to give legal advice to the union's organizers. With the union's consent, A associates with local labor lawyer B and rents a temporary office near B's office. B works actively with A in handling legal problems arising from the union's organizing efforts. Is A's temporary practice is proper?

Yes, 5.5(c)

Toxic tort lawyer L is admitted to practice in North Dakota only. He has been retained by three North Dakota clients to bring a class action on behalf of persons injured by an herbicide manufactured by a California defendant. L plans to file the class action in a California state court, and he reasonably expects to be admitted pro hac vice to handle the case in that court. Is it proper for L to take a two-week trip to California to interview other potential class representatives even though he has not yet filed the case in California or been admitted pro hac vice?

Yes, 5.5(c)

Lawyer L is admitted to practice in State One only. He represents a State One client that buys up and then fixes old car washing businesses. That client asks L to travel to State Two to negotiate with the owner of a State Two shopping center, and to draft a purchase agreement that will satisfy the owner and that will be valid under the law of State Two. Would it be proper for L to render those services?

Yes, 5.5.

When lawyer A learned that the police arrested 65 persons in an animal rights protest , she went to the police station, spoke with the leader of the group, and volunteered to represent the arrested persons without a fee. Arealized that the case might receive wide press coverage, and that the publicity might have fee-paying clients in other matters, but this was not a substantial motive for her offer. Is this ok?

Yes, A is not subject to discipline.

Lawyer L obtained a mailing list of all persons who used a certain prescription drug that allegedly caused grave side effects. L sent personal letters to each person, offering to represent them for a fee in litigation against the drug manufacturer. C, one of the recipients of L's letters, telephoned L's office and told her that she did not want to sue anybody and did not want to hear further from L. L failed to remove C from the mailing list, so C received aseries of follow-up letters, urging C to join the litigation against the drug manufacturer. Is this a problem?

Yes, L is subject to discipline.

Attorney Office Letterhead, "Trial Counsel—ExxonMobil Corporation" Attorney A used to do trial work in the in-house law department of ExxonMobil, but no member of that department carries the title "Trial Counsel"; moreover, Attorney A left ExxonMobil 18 months ago. Is the listing problematic?

Yes, it is false.

Lawyer A displays an advertisement in the telephone book Yellow Pages includes the phrase "Yale Law School—1987." A did attend a two-week summer program at Yale Law School in 1987, but she earned her law degree atanother law school. Is the statement misleading?

Yes, it is misleading.

Mary and Harry, who are not lawyers, run the "Awesome do it Yourself Divorce Clinic." When couples visit, they should them the appropriate legal forms and tell them how to fill them out. What this be considered UPL?

Yes, specific to the needs and interests of each couple. Since the advice cannot be given competently without legal training and knowledge, it cannot be given by non-lawyers.

Mike went into a coma during a routine hospital test and his spouse, Kate, suspects malpractice. He consults with Jenna Bash, an attorney. During the meeting, Kate describes the facts surrounding her husband's test, the date it took place, and her husband's resulting condition. Jenna listens, asks questions, and takes notes. After about 45 minutes, Kate asks, "So what do you think?" Jenna replies, "I really do not think you have a case, but I will run the facts by a colleague of mine." Kate never hears from Jenna again and is never billed for the meeting. Has theattorney- client relationship been formed?

Yes, there was an A-C relationship. Here, Jenna specifically met with Kate to see if she had a potential malpractice claim. Jenna discussed the facts at length, conducted herself as though the issues were within her normal range of competence, and rendered an opinion. Although she said she would the run the facts by another attorney as well, she did not sufficiently qualify her own opinion. A reasonable client would believe she had been given an opinion that she could rely on. It is irrelevant whether any retainer agreement is signed or whether the client is charged for the consultation. To be prudent, an attorney should discuss SOL issues and if she does not intend to take the case, advise the client to seek additional legal advice as soon as possible.

Lawyer L advertises that her fees for estate planning services are "20 percent lower than the prevailing rate in Hudson County." If L cannot substantiate that statement with hard data, is L subject to discipline?

Yes, this an unsubstantiated comparison.

At the close of her first appointment with a new client, attorney A gave the client a single written memorandum. The memorandum explained that her fee would be calculated at $175 per hour, and that number the number of hours could not be predicted with certainty but would probably be about 100. Later, when the matter became more difficult than A had anticipated, A gave the client a supplemental memorandum that doubled the estimated number of hours. Did A handled the fee issue properly under the ABA model rules?

Yes.

C asked attorney A to represent him as plaintiff in a products liability case. A said that she would have to check with her partners to make sure the case posed no conflict of interest, and A said that she would "get back to C oneway or the other." A never checked with her partners, and she totally forgot C's case. The statute of limitations ran.

Yes.

Cheating on bar examination - misconduct under 8.4(c)?

Yes.

Client C asked Attorney A to represent her in a dipute with a LL concerning the electrical issues in the apartment. After hearing C's explanation, A advised C that she would be able to handle the matter herself in small claims court at far less expense. A instructed C on how to obtain the proper forms for small claims court and gave her general advice on what facts to gather and how to prove the case. Is A's conduct proper?

Yes.

Lawyer L is admitted to practice law in NY and he is admitted to prosecute patents in the US patent and Trademark office which is located in D.C. When L retired and moved to Florida, he did not take the FLA bar exam. Instead, he set up a limited PTO practice that is limited to patent prosecution in the PTO. L does not handle other patent matters, such as licensing or patent infringement, and he does not practice any other kind of law. Is L's restricted practice in FLA proper?

Yes.

Lawyer L requires his clients to sign a standard, pre-printed retainer agreement that provides, in part, that the client cannot sue L for malpractice. L's clients are not independently represented in signing his retainer agreement. Is that ok? Is L subject to discipline?

Yes.

Plagiarism for LLM thesis - misconduct under 8.4(c)?

Yes.

Raymond Corp. hires attorney A to represent it in a dispute over the construction of a nuclear power plant. A hires structural engineer E to assist her on the technical aspects of the case. At A's direction, E talks with F, the chief engineer of Raymond Corp., to find out certain facts about the case. Is E's discussion with F covered by the attorney-client privilege?

Yes.

Shirley wants to hire a lawyer to obtain a dissolution of her marriage. After speaking in confidence with lawyer L about her marital problems, Shirley decides not to hire the lawyer as her lawyer. If there is no A-C relationship going forward, are the communications between Shirley and the lawyer given in confidence protected by the A-C privilege?

Yes.

Stealing money from a law firm - misconduct under 8.4(c)

Yes.

Janson finds a copy of his mother's new will. He is furious to discover that his mother hasn't included him in it. The mother left it to his other brothers. Since the mother is wealthy, Janson is desperate to be named in the will. He asks you to file a claim having his mother certified incompetent so that the will can be invalidated, and Janson can inherit a share of his mother's estate. You've met the mom socially and know that she is completely normal. Nonetheless, Janson is insistent, so you file a claim seeking commitment. Are you subject to discipline?

Yes. 1.16(a)(1) and 3.1. L should only bring a case that is non-frivolous under current law. Since Janson'smother is clearly competent, there's no non-frivolous basis for the case, you have violated the rules for bringing the claim.

Client C asked attorney A to help him obtain legal protection for a new manufacturing process that C had invented. A realized that he was totally ignorant about the law of patents and trade secrets, but he neverthelesstried to advice C. As a result, C lost his opportunity to apply for a United States patent on his invention. Is the attorney liable for malpractice?

Yes. A breached the duty of care by not sending the client to a patent attorney.

Defendant D hired attorney A to defend him in a criminal case, and D gave A $5,000 as an advance againstattorney's fees yet to be earned. Shortly before trial, D became dissatisfied with A's work, fired her, and threatened to sue her for malpractice. A returned the unearned portion of the fee advance to D by a check with an endorsement on the back purporting to release A from all malpractice liability. Is that ok? Is the attorney subject to discipline?

Yes. A lawyer must not settle a pending or potential malpractice claim with an unrepresented client or formerclient without first advising that person, in writing, to seek advice from an independent lawyer about thesettlement and

Attorney A is an estate lawyer. A agrees to handle the estate of Shirley Sun for her deceased spouse. A figures the estate is pretty small, and so to get a decent fee from it, you sign a fee agreement whereby you will receive 50 percent of the gross estate. Typically, this service is worth 2 percent of the gross estate. Will Attorney A be subject to discipline?

Yes. A will be subject to discipline. There are 8 factors under 1.5, but none of them support the higher fee here. A court will not likely enforce this agreement. Instead, it will allow you only quantum meruit recovery - the fair value of services given.

Tanya Andrews is a non-lawyer estate planner, whose slogan is : "Plan now . . . once you're gone, there's no coming back." She drafts estate plans that include suggested tax plans for the estate. Would this be considered UPL?

Yes. Estate plans, as well as wills and tax plans, must be drafted by a lawyer. They are considered the practice of law. But, books on preparing your own estate plan or drafting your own will are not considered the practice of law, since they only help people to represent themselves, which they are entitled to do.

Tanya is a sole practitioner, limiting her practice to criminal defense work. The court appoints her to represent Georgia, who is a financially challenged person who is accused of beating up her little girl. You believe children are life's greatest gift and are repulsed by the act. Can you properly refuse to represent her?

Yes. RPC 6.2(c). the client or cause is so repugnant to the lawyer as to be likely to impair the client lawyer relationship or the lawyer's ability to represent the client.

Tracy Tech is a technically sophisticated lawyer in search of new business. She spends a significant "free" time in chat rooms and other internet group discussion forums. When she sees someone discussing a legal problem, she chimes in and suggests that she can help and offers her legal services. Has Tech violated the rules against solicitation?

Yes. Real-time electronic communications are prohibited under Model Rules

A second-year associate is helping a law firm partner on a complex case. In the course of reviewing documents, he finds that the CFO of the mid-size corporation they are representing is planning to commit perjury when testifying. When the associate tells the partner what he has found, the partner says, "I'm sure that looks bad to you, but believe me, I'm on top of the situation and it's nothing to worry about. Don't mention it to anyone." When the partner is conducting direct examination of the CFO at trial, the CFO does in fact perjure himself. Neither the partner nor the associate takes any action to fix the perjury. Ultimately, the corporation loses at trial. Is the associate subject to discipline?

Yes. The Model Rules do allow an associate to escape discipline for a rule violation if she follows a supervisory lawyer's reasonable interpretation of an unclear situation [MR 5.2]. In all other situations, the associate has ethical duties independent of the legal supervisor. Here, an associate might rightly havebelieved the partner's allegation that the associate did not know the full situation in total. However, once the CFO committed perjury, however, he had a duty to take action to remedy the fraud on the court.Because he did not do so, he was subject to discipline.

You are asked to give a lecture for a local senior citizens group at their weekly luncheon together. You call your lecture "Why you need an estate lawyer." You don't discuss your own professional reputation or talk with any of the people attending the lecture individually. Your lecture is greeted with polite applause. You leave the venue and then a week later, you get several calls from people who attended the lecture who want you to plan their estates. May you properly accept the work?

Yes. This is ok because you didn't tout your estate planning abilities (no unjustified expectations) under 7.1 and did not talk one on one with any attendee. So there was not a 7.3 violation.

Attorney A decided not to take the pretrial deposition of witness Y. A's motive was to save litigation expenses for her client; further, it appeared that X's testimony would be peripheral and unimportant. At trial, X turned out to be a critical witness for the adversary. Is Attorney A liable for malpractice? What would happen if the witness was akey witness in the case? For example, is Attorney A liable for malpractice if in a medical damage's malpractice lawsuit, A represents the injured

i. Ans. Even if A's failure to take X's deposition caused A's client to lose the case, A has not committedmalpractice if her judgment was well-informed and reasonably exercised. ii. But in the second example, it is more ignorance than a tactical decision. No excuse. The attorney would be liable for malpractice.

Attorney A is admitted to practice in State One only. She represents a State One client in a contract dispute and the contract states that all such disputes will be submitted to arbitration in State Two. It is proper for A to represent her client in the State Two arbitration?

i. Ans. Yes. 5.5(c) ii. Yes, and the same would be true of a mediation or other form of alternative dispute resolution.

An attorney practices sports law, primarily representing professional women's basketball players in contract negotiations and other kinds of civil matters. The attorney also serves as a sports agent for a number of clients taking steps to advance their careers in every way possible such as team placement, public relations, product sponsorship, and the like. The attorney uses a single office's for her law work and her sports agent work, but she charges her clients separately for the two types of work. For her sports agent work, she charges a flat annual feethat she negotiates with the client once a year. For her law work, she charges the client by the hour at a reasonably hourly rate. The attorney is a lawyer and sports agent for two players on the local basketball team, Alpha and Beta. Both women are excellent players, and both are well-educated, well-spoken, photogenic, and popular with fans. A local bank approached the attorney, expressing interest in signing up Alpha to serve as the bank's spokesperson. The attorney responded that Alpha would fit the bank's needs well, but that Beta would be an equally good fit and would do the work for "substantially less money." In due course, the attorney served as Beta's lawyer in negotiating an 18-month exclusive sponsorship contract with the bank. Is the attorney subject to discipline?

i. Yes, because the attorney does not keep her sports agent work clearly distinct from her lawyer work, and therefore she must follow the lawyer conflict of interest rules in both kinds of work. ii. Here, the attorney does bill separately for her two kinds of service, but she offers both out of the same office, and the tasks she does as sports agent gel right into tasks she does as a lawyer, as shown by exclusive contract proposal re sponsorship with the bank. Thus, the attorney must follow the lawyer conflict of interest rules when she acts a sports agent. [5.7, cmt [10]). When the attorney diverted the bank ad campaign from A to B, she violated ABA Model Rule 1.7. (concurrent conflict when the representation of one client will be directly adverse to another client), or ABA 1.7 (significant risk that the representation of one client will be limited by the lawyer's responsibility to another client). Also, the attorney may besubject to civil liability in a suit by A for breaching the duty of loyalty an agent owes to a principal. D is the right answer