PR Quiz 2

May a lawyer properly give moral, economic, social, political, or other nonlegal advice to a client? A - Yes, even where the client has not asked for itYes, even where the client has not asked for it B - Yes, but only at the client's requestYes, but only at the client's request C - No, a lawyer should focus on legal advice

A - yes even where client has not asked for it

Divorce lawyer CeeCee joins a service called "JusticeMatch," in which consumers go to a website, select their legal problem, and are provided with a list of lawyers who provide services in that field of law. Because CeeCee purchased a premium membership, she will have an icon next to her name that says "Best Match" whenever she appears on a list. Was it proper for CeeCee to join JusticeMatch? -no b/c she paid for the rec -yes b/c lawyers may pay the reasonable costs and charges of advertising and lawyer referral services

-no b/c she paid for the rec + generator creates reasonable impression it is recommending the lawyer while there is an exception to the bar on paying for recommendations that allows a lawyer to pay permitted costs of advertising, the usual charges of a legal service plan, a nonprofit lawyer referral service, or an approved lawyer referral service, this exception doesn't apply to 'lead generators' (their own special rules) that provide consumers with matching, referral, and directory services. lead generators can not recommend the lawyer and use false or misleading communications.

Rita is representing Bradley against Stan in a contract dispute. Stan, who is represented by counsel in the matter, happens to live in Rita's apartment building. One night, Rita and Stan end up in the same elevator and Rita talks to Stan about their local election results. Is Rita subject to discipline? -yes -no

-no; communication not related to the matter so ok

Caroline receives a phone call from Lacey, a prospective client who wants to talk about a pending case. Lacey tells Caroline that she is already represented by an attorney in the case, but she is thinking of firing him. Caroline and Lacey have a brief consultation. Is Caroline subject to discipline? -yes -no

-no; rules don't bar a lawyer from discussing something w/ a person who is already represented by counsel in a matter if the communicating lawyer isn't one representing a client in the matter (b/c C not representing client in this matter, she can speak to client even though client represented)

Jolie receives an email from Debra, the opposing counsel in one of Jolie's cases. Jolie realizes that the email was clearly meant for Debra's client rather than Jolie and contains confidential information. What must Jolie do? -delte email and promptly notify Debra -promptly notify debra -nothing

-promptly notify Debra; when lawyer receives doc they know or reasonably should know was sent by mistake they must promptly notify sender so sender can take protective measures

generally, a lawyer must not act as an advocate at a trial in which she is likely to be a necessary witness. which of the following is NOT an exception to this? 1. client consents to lawyer's dual role 2. testimony relates solely to uncontested matter/formality 3. testimony relates solely to nature and value of legal services the lawyer has rendered in the case 4. lawyer's w/draw as a trial counsel would cause substantial hardship to client

1. client consents to lawyer dual role client consent irrelevant to when lawyer can be both advocate + witness

Lance is negotiating a settlement for his client in a personal injury case. The client has authorized him to settle the case for $60,000 but would prefer a settlement in the $80,000 range. Lance begins the negotiation by telling opposing counsel, "My client won't settle for anything less than $100,000." Is Lance subject to discipline? - yes b/c he made a false statement of material fact - no b/c he used an acceptable negotiation technique

no while lawyers can't make false statements of material facts to non-clients (including settlement negotiations), puffery generally ok (in negotiations, estimates of price or value generally puffery)

Bailey is representing Raj in an excessive force lawsuit against the local police department. Raj's sister Malia, who does not have a lawyer, was also present during the altercation at issue. Malia asks Bailey whether she might also have a claim against the police department. Bailey truthfully advises Malia that she probably does not have a claim, but that she should seek the advice of an attorney. Is Bailey likely subject to discipline? -yes b/c she gave legal advice to Malia -no b/c Malia's interests are not likely to conflict w/ Raj's interests

-no b/c Malia's interests are not likely to conflict w/ Raj's interests; while advice was to an unrepresented party, there is no indication that Raj and Malia are likely to have conflicting interest so lawyer ok to give advice -rule: when lawyer knows or should know that client's interests are likely to be in conflict w/ those of an unrepresented person, they can't give unrepresented person advice (other than to get legal advice elsewhere)

what constitutes a frivolous position?

one that can't be supported by a good faith argument under existing law AND that can' the supported by a good faith argument for changing the existing law

who constitutes 'family' for purposes of rules requiring judge disqualification b/c of relative in case?

someone w/in third degree; includes great-grandparents, grandparents, parents, uncles, aunts, siblings, children, grandchildren, great-grandchildren, nieces, and nephews

Bree, a lawyer, recently filed her taxes and was very impressed with her accountant, Owen. At their final meeting, Owen proposed a nonexclusive agreement in which Bree would recommend Owen to clients who needed help with their taxes, and Owen would recommend Bree to clients who needed legal help. Bree and Owen agreed that they would fully inform each client of the agreement between them, and that their agreement would be binding until one of them died or retired from practice. Was the agreement proper? -yes b/c it was not exclusive + clients would be informed -no b/c it was intended to last until death or retirement -no b/c Owen is not a lawyer

-no b/c it was intended to last until death or retirement; death or retirement is considered an indefinite duration b/c unclear when one of these condition will occur

Julia is a State A prosecutor working on a murder case against Dennis. Julia is contacted by Dennis's cellmate, who tells her that Dennis claimed responsibility for an unrelated murder in State B. Dennis gave the cellmate specific details relating to the crime and bragged that he was never even on the radar of State B police. Julia finds the cellmate's story to be credible, and she knows that the victim's husband, Bradley, was convicted of murder in the State B case based on flimsy circumstantial evidence. Julia does not contact State B because she believes that doing so would delay justice in her pending case against Dennis. However, she plans to contact State B as soon as the trial is over. Is Julia subject to discipline? - yes b.c evidence creates a reasonable likelihood that Bradley was wrongly convicted - no b.c conviction occurred in another JX

- yes b.c evidence creates a reasonable likelihood that Bradley was wrongly convicted -prosecutor must promptly disclose new, credible, and material evidence creating a reasonable likelihood that the D was wrongful convicted (even if conviction in a different JX)

Olivia's old law school classmate, Brennan, is president of a small insurance company. Brennan creates and manages a policy for legal services in which an insured pays a yearly premium and is reimbursed up to a certain amount for legal services each year. Employees of the insurance company sell subscriptions by phone, and they locate potential subscribers based on their location and demographic information only. Brennan asks Olivia if she would provide legal services to members of the plan. Olivia reviews the plan's advertising material and does not see anything that would violate the rules of professional conduct. Brennan is also thinking about reactivating his law license so he can provide services to members of the plan. Who can properly provide legal services to members of the plan? -Olivia only -brennan only -brennan and olivia -neither Olivia nor brennan

-Olivia only; Brennan can't participate (provide legal services) b/c he is the president of the insurance company that operates the plan; Olivia can participate b/c plan doesn't target contacts to those in need of specific legal services in a particular matter rule: where the legal services plan uses live person-to-person contacts, a lawyer can't participate if he owns or directs the organization that operates the pla

Prosecutor Neve is preparing for the high-profile murder trial of Dylan, who allegedly killed his wife. Neve learns that the sheriff is planning to hold a press conference to inform the public that Dylan was carrying on multiple extramarital affairs before his wife's death. What must Neve do? -must not make public statements ab the affairs herself, but has no duty to prevent sheriff press conference b/c she is not his supervisor -she must take reasonable care to prevent press conference

-she must take reasonable care to prevent press conference A prosecutor is subject to the general rule against making statements that are likely to prejudice a trial. Furthermore, except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, a prosecutor must not make extrajudicial statements that have a "substantial likelihood of heightening public condemnation of the accused." A prosecutor also must take reasonable care to prevent investigators, police, employees, and others assisting in a case from making statements that violate these rules. So, Neve must try to prevent the sheriff from making the statement about Dylan's extramarital affairs.

Benji is representing Genevieve in the sale of her car to Hank, who does not have an attorney. Hank and Genevieve discuss the terms amongst themselves, and Benji then prepares the contract and mails a copy to Hank for his review and signature. Hank calls Benji and asks, "If I sign this contract, is it actually binding? How do I get out of it if I don't like the car?" Benji explains to Hank that he is Genevieve's lawyer in the matter and is acting in her interests only. He then truthfully tells Hank that based on legal precedent, it would be very difficult to get out of the finalized contract. Is Benji subject to discipline? -yes b/c he did not tell Hank to get an attorney -yes b/c he gave hank legal advice -no b/c he did not state or imply that he was disinterested -no bc his advice was truthful

-yes b/c he gave hank legal advice -Benji is subject to discipline because he gave legal advice to Hank, an unrepresented person who is on the opposite side of the transaction. (Note that although a lawyer may explain the effect of a document, such as each party's obligations under the contract, Benji went beyond that and gave legal advice as to Hank's options.) -where lawyer knows or should know that client interests are likely to conflict w/ those of unrepresented person, they cannot give legal advice to that person (other than to get a lawyer)

Theo is representing Jessica in the sale of her condo. During negotiations, prospective buyer Penny admires the view of the lake from the window and explains that it is the main reason she is interested in the condo. Theo knows that construction of a large building is going to start next month and will almost completely block the view of the lake. He says, "Yep, it's a once in a lifetime view." Is Theo subject to discipline? -yes b/c he misrepresented the facts to penny -no b/c he had no duty to volunteer harmful facts to penny

-yes b/c he misrepresented the facts to penny lawyer cannot knowingly make a false statement of law or material fact; while no duty to volunteer harmful facts, they still can't misrep the facts (misrep = statement known to be false, affirming/incorporates a statement knowing that it is false, something that is partly true but misleading, or sometimes a failure to speak)

Aaron is representing Molly in a personal injury case. Juan, one of Molly's co-plaintiffs, calls Aaron and says, "Can you tell me what's going on with the case? My attorney won't respond to my emails." Aaron gives Juan a quick and accurate update on the case. Is Aaron subject to discipline? -yes -no

-yes; even if represented person consents to communication, rule still applies to bar convos w/ party lawyer knows to be represented by counsel

Attorney Perez of the Perez, O'Leary, & Miller law firm was elected to the state legislature. Perez periodically travels to the state capital for a few days at a time during the legislative season, but otherwise continues his practice. May the firm continue to use Perez's name? -yes -no

-yes; firm can use lawyer name if lawyer enters into public service so long as the lawyer is regularly and actively practicing with the firm (here, Perez still doing this, so name use is ok)

Stella is defending Rafael in a personal injury lawsuit filed by Dale. Stella reasonably believes that Dale's attorney failed to convey Rafael's latest settlement offer to Dale. Stella calls Dale to communicate the offer and tells him to talk it over with his attorney. Is Stella subject to discipline? -yes -no

-yes; irrelevant she believed settlement wasn't passed along cannot communicate ab mater w/ person lawyer knows to be represented by counsel UNLESS that person's counsel consents or the law/ct authorizes communication

Aidan participates in a "quick advice hotline" sponsored by a local nonprofit organization. He properly obtains each caller's informed consent to the limited scope of the representation. For what actions will Aidan be subject to discipline? Select all that apply. 1. Aidan gives incompetent advice to cassidy 2. Aidan gives advice to noah, whom he recognizes as one of his neighbors, and tells another neighbor about Noah's legal problem 3. Aidan gives advice to Logan, not realizing that Logan is an opposing party in one of his pending cases for a different client 4. Aidan gives advice to Josiah, knowing that a different attorney at his firm is representing a client against Josiah in a different case

1. Aidan gives incompetent advice to cassidy (violation of duty of competence) 2. Aidan gives advice to noah, whom he recognizes as one of his neighbors, and tells another neighbor about Noah's legal problem (violation of duty of confidentiality) 4. Aidan gives advice to Josiah, knowing that a different attorney at his firm is representing a client against Josiah in a different case (b/c he actually knew there was a COI this is a violation) limited legal service programs still subject to rules of prof conduct, but COI more relaxed

Greg is representing Jolene in an attempted murder case. Jolene is currently out on bail awaiting trial. Which of the following public statements are proper? 1. after leaving a pretrial hearing, Greg states how the judge ruled on a particular motion 2. liz, a partner at greg's law firm, states that the victim is known to be a very violent person 3. greg states that jolene passed a lie detector test 4. greg responds to the prosecutor's assertion that jolene was 'missing and on the run' by stating that jolene was home the entire time and her ankle monitor malfunctioned 5. greg states when and where jolene was arrested

1. after leaving a pretrial hearing, greg states how the judge ruled on a particular motion 4. greg reponds to the prosecutor's assertion that jolene was 'missing and on the run' by stating that jolene was home the entire time and her ankle monitor malfunctioned 5. greg states when and where jolene was arrested lawyer connected w/ investigation or litigation matter must not make public statements outside ctroom that the lawyer reasonably should know would have a substantial likelihood of materially prejudicing the case

Mindy is a criminal defense lawyer. Judge Gonzalez appoints Mindy to defend Samantha in a murder case. Which grounds likely constitute "good cause" for seeking to avoid the appointment? Select all that apply. 1. mindy has a severe illness affecting her ability to handle her caseload 2. the case would take a great deal of Mindy's time and impose an unreasonable financial burden on her 3. mindy believes Samantha is guilty 4. mindy represents another client in a pending lawsuit against Samantha, and that client refuses to give consent to mindy representing samantha 5. mindy strongly disapproves of violence

1. mindy has a severe illness affecting her ability to handle her caseload 2. the case would take a great deal of Mindy's time and impose an unreasonable financial burden on her 4. mindy represents another client in a pending lawsuit against Samantha, and that client refuses to give consent to mindy representing samantha -Mindy's belief that Samantha is guilty and her strong disapproval of violence probably do not rise to the level of good cause (lawyer finds client/cause to be so repugnant that the lawyer-client relationship would be impaired or the lawyer could not represent the client effectively)

Justin is representing Dana in a personal injury lawsuit. Dana tells Justin that she intends to give false testimony at trial. Justin tries and fails to convince her otherwise. Which statement is true? 1 - Justin may refuse to call Dana as a witness 2 - Justin must refuse to call Dana as a witness 3 - Justin must allow Dana to testify

2 - Justin must refuse to call her as a witness a lawyer MUST refuse to offer evidence they KNOW to be false

Tia is an attorney planning a grassroots run for judicial office, with her best friend Theo volunteering as her campaign manager. Theo sets out several strategies to start funding the campaign. Which statements are correct under the CJC? 1. tia can ask friends and colleagues to donate what they can 2. tia can update Theo on campaign contribution limits in her state 3. tia can give any contributions received to Theo directly for investment in the campaign 4. Theo must reject contributions from lawyers who may appear before Tia if Tia is elected 5. Theo can use campaign funds to print bumper stickers for supporters 6. tia can appear at a fundraiser that Theo coordinates and oversees 7. Theo can host a free meet and great at the cathouse after biz hours

2. tia can update Theo on campaign contribution limits in her state 5. Theo can use campaign funds to print bumper stickers for supporters 6. tia can appear at a fundraiser that Theo coordinates and oversees asking friends for donations and giving funds to Theo for investment in the campaign are improper because a judge or judicial candidate must not personally solicit or accept campaign contributions; instead, judge/candidate may establish a campaign committee to manage and conduct her campaign + is responsible for ensuring committee complies with CJC applicable fundraising laws + must direct them not solicit or accept donations about set limits; while tia could appear at Theo's fundraiser for a meet & greet, these can't be done at the cthouse b/c rules bar use of ct staff/facilities/or other resources for campaigning

Judge Jasmine is a full-time federal judge. The judge's daughter is a public school teacher who is being let go from her job. Her daughter asks Judge Jasmine to attend the hearing on her termination as her lawyer. May Judge Jasmine attend the hearing as a lawyer? A - No, because she is a full-time judge B - Yes, because she can represent members of her immediate family in private proceedings

A - No, because she is a full-time judge full-time judges cannot practice law; while exception permits draft/review of docs for family members, it doesn't apply to acting as a family member's lawyer in any scenario

which of the following would violate the rules of prof conduct? 1. during a ct recess, discussing last night's FB game with a juror after the juror started the convo 2. interviewing a willing juror in good faith after the jury has been discharged 3. googling a prospective juror 4. sending a paralegal to ask a juror what they think ab the case so far

violations: 1. speaking to juror during recess 4. sending paralegal to ask juror ab thoughts on case so far -lawyer connected w/ case cannot communicate (outside official proceedings) w/ a juror or member of the panel from which jurors will be chosen; rule applies to all subjects of communication + even if juror instigates convo -can't use another person to violate rules (ie. sending paralegal when attorney not permitted to speak)

when most a judge disqualify themselves from a matter due to a family member having an economic interest in the outcome?

when that family member lives with them (even if they aren't a party or officer/director/GP/MP/trustee of party)

The Sarbanes-Oxley Act imposes additional obligations on securities lawyers who come across evidence of a material violation of the securities laws by their client. How does the Sarbanes-Oxley Act differ from the ethical rule relating to violations by organizational clients? A - It requires a securities lawyer to report a violation to the SEC if the company's highest authority fails to act (whereas the ethical rule permits, but does not require, lawyers to report to outside authorities)It requires a securities lawyer to report a violation to the SEC if the company's highest authority fails to act (whereas the ethical rule permits, but does not require, lawyers to report to outside authorities) B - It requires a securities lawyer to report a violation to specific authorities within the company (whereas the ethical rule gives lawyers some discretion on who to report to)

B - It requires a securities lawyer to report a violation to specific authorities within the company (whereas the ethical rule gives lawyers some discretion on who to report to) -If a securities lawyer becomes aware of credible evidence that her client is materially violating a federal or state securities law, she must report the evidence to her client's chief legal officer ("CLO"). The same reporting duty applies to credible evidence that one of her client's personnel has breached a fiduciary duty under federal or state law, or has committed a "similar material violation" of federal or state law. If the securities lawyer believes that the CLO didn't achieve an appropriate response from the client, the securities lawyer must report the evidence to either the client's board of directors, the audit committee of the board, or a committee made up of outside directors.

After Elizabeth hears about a hit-and-run car accident on the news, she sends her paralegal to the hospital to tell the victim about Elizabeth's firm. This is: A - Proper solicitation B - Prohibited solicitation C - Not solicitation

B - Prohibited solicitation (can't use paralegal to accomplish means that lawyer can't do on their own - ie. prohibited live person-to-person solicitation)

Judge Jun does not belong to a country club. His friend belongs to an exclusive golf club that does not permit women or gender nonconforming individuals to join. His friend invites the judge to a fundraiser for the children's hospital at the country club. The event is open to everyone. Is it proper for Judge Jun to attend? A - Yes, because the event is open to everyone B - Yes, because the fundraiser is an isolated event that would not be construed as the judge endorsing the club's practices C - No, because a judge must not use the facilities of an organization that the judge knows practices a form of invidious discrimination D - No, judges are not permitted to attend fundraisers

B - Yes, because the fundraiser is an isolated event that would not be construed as the judge endorsing the club's practices while judge can't be part of org that engages in discriminatory practices or use their facilities, a judge can attend an event in a facility of a discriminatory org if the attendance is an isolated event that could not reasonably be perceived as endorsing org practice (here, facility hosting a children's hospital fundraiser open to anyone so event sufficiently independent from club) NOTE: the fact the event open to the public not enough b itself to overcome discriminatory practices bar

A judge at a judicial conference went for drinks at a bar with three other judges. Making his way back to the hotel on foot after several drinks, a drunken passerby approaches the judge and launches into an expletive-filled rant about the judge and the judge's family. The judge takes a swing at the passerby and misses, but they end up in a brawl.Is the judge subject to discipline? A - Yes, because the judges were drinking in publicYes, because the judges were drinking in public B - Yes, because the judge acted in a manner that reflected adversely on his temperament and fitness C - No, because this occurred on the judge's own time and was not related to his judicial duties D - No, because his reaction was reasonable given the provocation

B - Yes, because the judge acted in a manner that reflected adversely on his temperament and fitness Engaging in a drunken brawl reflects adversely on the judge's temperament and fitness (can't engage in actions that give appearance of impropriety = aka actions would create reasonable perception they violated CJC or acted in some manner reflecting adversely on honesty, impartiality, temperament, or fitness as a judge)

Moira represents LocalQuik, a convenience store. LocalQuik asks Moira to attend a city council meeting and argue against a proposed tax on soft drinks. Moira attends the meeting and presents both legal and economic arguments against the tax. LocalQuik urges Moira to "keep their name out of it" if she can. Must Moira volunteer to the city council that she is acting in a representative capacity? A - Yes, and she must identify LocalQuik as her clientYes, and she must identify LocalQuik as her client B - Yes, but she is not required to identify her clientYes, but she is not required to identify her client C - No, because LocalQuik asked her not to reveal their involvement D - No, because Moira is not appearing in front of a tribunal

B - Yes, but she is not required to identify her clientYes, but she is not required to identify her client - When a lawyer appears on behalf of a client before a legislative body or administrative agency, the lawyer must disclose that she is acting in a representative capacity (not on her own behalf), but she isn't required to identify the client.

may a lawyer enter into an agreement w/ a nonlawyer for recommendations?

yes so long as the person is a non lawyer PROFESSIONAL & other requirements met (not exclusive, referred person told about agreement, definite duration)

may judges attend charitable fundraisers?

yes, so long as the fundraiser isn't law-related and so long as the judge isn't speaking, receiving an award, being featured on a program, or allowing use of his title in connection to the event (these actions only permissible for law/legal system/administration of justice related fundraisers)

A lawyer is subject to discipline for bringing a frivolous proceeding, asserting a frivolous position in the defense of a proceeding, or taking a frivolous position on an issue in a proceeding. Which of the following actions would violate this rule? A - Asserting a position without fully substantiating all of the facts B - Asserting a position without vital evidence but with the hope that such evidence will be uncovered through discovery proceedings C - Asserting a position the lawyer believes is justified, even though it is not supported by existing law and there is no good faith basis for changing the law D - Asserting a position with the belief that it will probably fail

C - Asserting a position the lawyer believes is justified, even though it is not supported by existing law and there is no good faith basis for changing the law

race recently opened a solo law practice in a small town. Her practice is evenly divided between criminal defense and civil litigation. The Superior Court just appointed Grace to represent two defendants who will be tried jointly for their alleged kidnapping and brutal murder of seven local schoolchildren. Which of the following is not a valid reason for Grace to decline the court appointment? A - Grace believes that to represent the two defendants will take so much time away from her newly opened practice as to impose an unreasonable financial burden on her. B - Grace believes that one defendant coerced the other defendant into helping kidnap and kill the children. C - Grace believes that many potential clients will be repulsed by her representation of the defendants and may seek another attorney. D - Grace believes that confidential information she received when representing one of the prosecution's key witnesses will be useful in impeaching that witness's credibility.

C - Grace believes that many potential clients will be repulsed by her representation of the defendants and may seek another attorney note: if repugnance was in relation to the attorney's personal beliefs + these beliefs would impair the attorney's ability to represent the clients (ie. attorney's own kid was kidnapped + murdered), then the ct could grant this exception and Grace wouldn't have to represent note: joint-representation always poses risk of add'l problems (ie. here, lawyer can't serve both Ds' interests if she thinks one coerced the other into acting) note: any situation where you feel like you have to breach confidentiality is problematic

Clinton Client is a novice drug dealer. He consults with Arlene Attorney about the legal ramifications of his business. Without explicitly endorsing or encouraging Clinton in his criminal enterprise, Arlene Attorney conducts research at Clinton Client's request about various drug laws and sentencing guidelines. Arlene writes a detailed memorandum of law explaining that certain threshold quantities of drugs, according to the relevant statutes, create a presumption of "intent to distribute" or trigger significant sentencing enhancement. Similarly, the attorney explains that statutes and sentencing guidelines impose higher-grade charges and severe sentencing enhancements if a drug dealer brings a firearm to a transaction. Clinton Client mulls over the information and decides to change his business model from bulk sales of narcotics to selling smaller quantities in more individual transactions, such that each sale constitutes only the lowest-level misdemeanor. He also instructs all his subordinates to avoid carrying firearms and instead to refill pepper spray devices with hydrochloric acid, which they spray in the face of their opponents in any altercation, causing severe disfigurement. Is A

C - No, because a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law.

Prior to Judge Jesse being appointed to the bench, his firm worked on a case for X-Corp. Judge Jesse had no involvement in the case. The X-Corp case is now before Judge Jesse. Judge Jesse discloses on the record the reason for his disqualification. He then turns to the parties and asks whether they can agree that he should not be disqualified. Both parties agree to waive the disqualification. May Judge Jesse properly remain on the case? A - Yes, because Judge Jesse disclosed the basis for disqualification on the record, and the parties agreed to waive it B - Yes, because Judge Jesse was not involved in the X-Corp case while at the law firm C - No, because the parties were not permitted to meet privately outside the presence of Judge Jesse= D - No, because this is the type of disqualification that cannot be remitted

C - No, because the parties were not permitted to meet privately outside the presence of Judge Jesse waiving grounds for disqualification requires judge disclosure of the grounds on the record and that lawyer can consult privately with the clients + parties can meet outside presence of the judge here, there was disclosure, but other parts of the rule not adhered to

Miko is a judge whose 17-year-old son is preparing to leave home. Her son was offered an internship with a tech startup beginning after high school graduation. He accepted the position but told Miko his plans were "a surprise." On Monday morning, Miko learns that she will be presiding over a highly publicized fraud case against the same startup. Her son tells her about the internship that night. Must Miko disqualify herself from the case? A - No, because Miko would receive no direct economic benefit from the matter B - No, because Miko was unaware of her son's connection to the party C - Yes, because Miko's son has an economic interest in the matter

C - Yes, because Miko's son has an economic interest in the matter; A judge must disqualify herself in a proceeding if she knows that she—or her spouse, domestic partner, parent, or child—has an economic interest in the matter or in one of the parties B is incorrect b/c judge must make reasonable efforts to keep informed ab the economic interests of their spouse, domestic partner, and any minor children living in their house

Prosecutor Yuri is working on a burglary case. The defendant, Telly, claims that he was nowhere near the victim's house on the day in question. During the investigation, the victim's neighbor calls the police department and tells them that she remembers seeing a short redheaded man lurking around the victim's house on the day of the murder. Telly is tall and does not have red hair. Yuri saw the report of the neighbor's interview in the police file but dismissed it because other evidence in the case points to Telly. Is Yuri subject to discipline for failing to disclose the neighbor's interview to the defense?

yes; b/c evidence tends to negate Telly's guilt -prosecutor must timely disclose to defense all evidence and info known to prosecutor that tends to negate guilt or mitigate degree of offense

A lawyer who Judge Javier mentored before Judge Javier was appointed to the bench appears as a lawyer in a case in Judge Javier's courtroom. Must Judge Javier disqualify himself?

yes; b/c judge mentored lawyer, there is reasonable ground to believe judge has a personal bias concerning a party or their lawyer

can an attorney ever communicate w/ a juror - current, potential, or former - outside the ctroom?

yes; can communicate to willing juror AFTER jury has been discharged

Julius is representing a client in the sale of her car. During negotiations, Julius presents his client's offer to the buyer's attorney and says, "It's a great price for a car in such prime condition." In fact, Julius knows that the car has serious engine problems. Is Julius subject to discipline?

yes; he made a false statement of material fact (not mere puffery)

Judge Julius is running for re-election against a strong opponent. It is expected to be a close race, and Julius would like to run some expensive ads that will require raising some campaign funds. Judge Julius sends out a form letter on campaign stationery to a list of past donors asking for contributions to his campaign. Is Judge Julius subject to discipline?

yes; judge or judicial candidate must not personally solicit or accept campaign contributions other than through a campaign committee

Kelsey is representing Val in the sale of a painting to Emma, who is representing herself. One day, Emma calls Kelsey and asks her if she thinks Val's latest offer is a good deal. Kelsey tells Emma, "I'm here to make sure everyone gets a good deal, and this is a good deal." Kelsey does believe that the offer is fair to Emma. Is Kelsey subject to discipline? -yes -no

yes; lawyer dealing w/ unrepresented person cannot state or imply they are disinterested -statement that she was there to 'make sure she gets a good deal' wrongly implies she is disinterested when she clearly reps her client's interests

Marek is on trial for negligent manslaughter. Marek's attorney, Alexis, reasonably believes (but does not know) that Marek intends to lie on the stand. Alexis refuses to call Marek as a witness at trial. Is Alexis subject to discipline?

yes; lawyer may refuse to offer evidence they reasonably believe to be false EXCEPT for a criminal D's testimony

A state court judge typically presides over civil tort suits and an occasional breach of contract action. A shareholder suit against a corporation that involves very complex business transactions is assigned to the judge. She doesn't feel comfortable with her understanding of that area of law and asks a fellow judge with more transactional experience out for coffee to discuss it.Is the judge subject to discipline? A - Yes, because she engaged in an ex parte communicationYes, because she engaged in an ex parte communication B - Yes, because she engaged in an independent investigationYes, because she engaged in an independent investigation C - No, because buying coffee is de minimisNo, because buying coffee is de minimis D - No, because it is appropriate for a judge to consult with another judge

D - No, because it is appropriate for a judge to consult with another judge consulting ab matter with other judges + other ct personnel whose function is to aid judge in carrying out adjudicative responsibilities is not a judge conducting personal investigation into facts of matter

Evan is representing a client in litigation in front of Judge Gibson. Evan writes a letter to the chief judge stating that Judge Gibson has been carrying on an improper personal relationship with Evan's opposing counsel, Reese, and failed to disqualify himself. Evan does not know whether Judge Gibson has any relationship with Reese but suspects it to be true because Judge Gibson keeps ruling against him. Is Evan subject to discipline? yes no

yes; lawyer must not make a statement that the lawyer knows is false or that is made w/ reckless disregard to truth about the qualifications or integrity of a judge, hearing officers, or public legal official, or about a candidate for judicial or legal office

Larry works at a corporate law firm. One of Larry's clients, Maude, is a cousin of the general counsel of a corporation that Larry would like to represent. Over lunch one day, Larry tells Maude, "If you put in a good word for me with your cousin, you've got playoff tickets coming your way." Larry's firm held season tickets for the local baseball team, and it was not unusual for lawyers to take clients to games for holidays and other occasions. Unfortunately, the local baseball team fails to make the playoffs as expected, and Maude forgets to talk to her cousin. Is Larry subject to discipline? A - No, because the tickets would have been a nominal expression of appreciationNo, because the tickets would have been a nominal expression of appreciation B - No, because Maude did not recommend him to her cousinNo, because Maude did not recommend him to her cousin C - No, because he did not give any tickets to MaudeNo, because he did not give any tickets to Maude D - Yes, because he promised the tickets in exchange for a recommendation

D - Yes, because he promised the tickets in exchange for a recommendation (promise to give tickets in advance violates rule + tickets arguably not nominal) -general rule: lawyer can't compensate, given anything of value, or promise to give anything of value to a person for recommending a lawyer's services; nominal gifts or gratuity as an expression of appreciation to recommender (if not intended/reasonably expected to be a form of compensation for the recommendation) is permissible

Michael Scott leaves Tobias Law to start his own firm - Michael's Paper Law. Michael at his time at Sabre worked with PamCorp, on various privacy law cases. Tobias Law now wants to take on a new client, Sabre Inc, against PamCorp. What can Tobias Law do?

Tobias Law cannot represent Sabre if the remaining lawyers at Tobias have access to confidential information about Sabre -Rule 1.10 (b) . . . 2) any lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(c) that is material to the matter

test for if a lead generator is fake or misleading?

it creates a reasonable impression that: (i) it is recommending the lawyer; (ii) it has analyzed the person's legal problems when determining whether to refer the person to the lawyer; or (iii) it is making the referral without any payment from the lawyer

A lawyer's duty to rectify false evidence: A - Ends when a final judgment has been affirmed on appeal or the time for appeal has expiredEnds when a final judgment has been affirmed on appeal or the time for appeal has expired - correct B - Ends when the final judgment has been entered, regardless of a possible appealEnds when the final judgment has been entered, regardless of a possible appeal - no response given C - Ends when the client diesEnds when the client dies - no response given D - Is perpetual

a - ends when a final judgment has been affirmed on appeal or the time for appeal has expired -duty to rectify false evidence continues until the end of proceedings, which means a final judgment has been affirmed on appeal o the time for appeal has expired

Lawrence represents Ophelia in a breach of contract case. At trial, Lawrence offers various documents supporting Ophelia's case. Later, the opponent discovers that Ophelia forged the documents. Under what circumstances will Lawrence be subject to discipline for offering false evidence? a - if he knew evidence was false b - if he knew or reasonably believed the evidence was false c - if he knew the evidence was false, reasonably believed evidence was false, or negligently failed to investigate the integrity of the evidence

a - if he knew evidence was false

Upon hearing that an acquaintance was injured at work, Greta sends her a text message offering to represent her in her workers' compensation case. This is: A - Proper solicitationProper solicitation B - Prohibited solicitationProhibited solicitation C - Not solicitation

a - proper solicitation (text messages don't constitute live person-to-person contact and are generally ok)

Mario places a FaceTime call to his best friend and offers to represent her in contesting a traffic ticket. This is: a - proper solicitation b - improper solicitation c - not solicitation

a - proper solicitation (this is live person-to-person contact, but close friends + family + routine business users of types of service offered usually permitted)

Lorenzo visits the owner of a shopping mall and says, "I heard you're planning to lease out your top floor to a new department store. I know you always hire large firms to do your leasing work, but I have extensive experience in this field, and I'd like you to consider me for the job." This is: a - proper solicitation b - prohibited solicitation c - not solicitation

a - proper solicitation (this is live person-to-person contact, but close friends + family + routine business users of types of service offered usually permitted) -reference to 'always' hiring other firms shows routine business user of services

HotelCo, Ava's longtime client, has been sued for allegedly failing to comply with the Americans with Disabilities Act. Monica, HotelCo's compliance director, was also named in the lawsuit. HotelCo wants Ava to defend Monica in the lawsuit as well. May Ava represent both HotelCo and Monica in the lawsuit? a - yes as long as COI addressed b - yes b/c org leader naturally represents both org + constituents c - no, this is prohibited

a - yes as long as COI addressed - When an organization is the lawyer's client, the lawyer owes their duty of loyalty to the organization—not to the people who are its constituents, but lawyer for org CAN rep both org + 1+ persons associated w/ org if there is no COI issue

Jerry is on the board of directors of the local legal aid society. The society is in dire financial straits and proposes to end free legal service in landlord-tenant disputes. Jerry represents several apartment complexes in the area. He discloses to the society that some of his clients would benefit from the decision, and then votes for the proposal. Is Jerry subject to discipline? a - yes b/c he participated in the vote b - no b/c he disclosed to the society that his clients would benefit from the decision c - no b/c he voted for the proposal

a - yes b/c he participated in the vote -while layers can serve as directors/officers/members of a legal service org (apart from regular employment) where org serves persons adverse to lawyer's regular clients, they cannot knowingly participate in a decision/action that would be incompatible w/ lawyer's obligations to conflicts

define 'appearance of impropriety'

arises when a judge's conduct would create a reasonable perception that he has violated the CJC or acted in some other manner that reflects adversely on his honesty, impartiality, temperament, or fitness as a judge

Kerry represents A-Corp, a drug manufacturer, in various matters. Kerry learns that one of the research teams is conducting a clinical trial in a manner that violates federal safety regulations, which could result in severe fines. Additionally, the participants in the trial could suffer brain damage or even death from the drug's side effects, which, among other consequences, would result in terrible publicity for A-Corp. Kerry presents his findings to the president and then the board of directors, but they fail to act. Kerry reasonably believes that A-Corp will suffer substantial injury if he does not report the information to an outside authority. Which of the following statements is true? a -Kerry may report the information to an outside authority, but only if an exception to the duty of confidentiality applies b - Kerry may report the information to an outside authority, even if it would otherwise be protected by the duty of confidentiality c - Kerry must report the information to an outside authority

b - Kerry may report the information to an outside authority, even if it would otherwise be protected by the duty of confidentiality -If the lawyer reports the violation to the organization's highest authority, but the highest authority fails to take timely, appropriate action, the lawyer may report the relevant information to appropriate persons outside of the organization if the lawyer reasonably believes that reporting is necessary to prevent substantial injury to the organization. This is true even if the information would otherwise be protected by the duty of confidentiality.

Caleb and Jeremy are running for district attorney. Lorelei used to work with Jeremy, and she writes an editorial endorsing Caleb. In the editorial, she gives her honest and candid opinion that Caleb's opponent, Jeremy, does not have the temperament required for the job. Is Lorelei subject to discipline? a - yes b.c she disparaged a candidate for public legal office b - no b/c she gave her truthful opinion c - no b.c Jeremy is not a judge or judicial candidate

b - no b/c she have her truthful opinion lawyer cannot make a statement known to be false ab qualifications or integrity of a judge, hearing officer, or public legal official, or about a candidate for a judicial or legal office, but rule does NOT prohibit lawyer from giving an informed and candid opinion

MediaCorp hires Linda to investigate alleged violations of federal privacy regulations by its employees. Linda conducts an investigation and finds serious violations that would result in substantial fines and bad publicity for MediaCorp. Linda reports her findings to the board of directors, and they thank her for her work but do not seem willing to take action. Assuming an exception to the duty of confidentiality does NOT apply, may Linda report the information to an outside authority? A - Yes, if she believes disclosure is necessary to prevent substantial injury to MediaCorpYes, if she believes disclosure is necessary to prevent substantial injury to MediaCorp B - No, she is prohibited from reporting the information

b - no, she is prohibited from reporting the info - while lawyer MAY report info to appropriate outside personnel when highest internal authority fails tot take appropriate, timely action, the authority to report to outsiders does not apply to a lawyer who is hired by the organization to investigate an alleged violation of law or to defend the organization or its constituents against a claimed violation of law

Josie previously sent a letter offering her services to several patients of a hospital who suffered life-threatening infections. One of the victims calls Josie and asks to be removed from the list because he already has a lawyer. Josie sends that victim another letter providing additional details of her expertise in medical malpractice cases. This is: a - proper solicitation b - prohibited solicitation c - not solicitation

b - prohibited solicitation (if person makes it known they don't want to be solicited by lawyer, any further contact by lawyer on representation is impermissible solicitation)

Jack is representing Beth in a personal injury case against a defendant. Beth's sister, Beth's best friend, and a crossing guard also have information relating to Beth's accident, and Jack suspects that the defendant's attorney will be contacting them for information. Who can Jack properly advise to refrain from giving information to the defense? -beth only -beth and Beth's sisters -beth, Beth's sister, and Beth's best friend only -beth, Beth's sister, Beth's best friend, and the crossing guard

beth and her sister only -A lawyer may advise a person not to voluntarily give information to an opponent or other party if the following conditions are met: (i) the person is a client, or a relative, employee, or agent of a client; and (ii) the lawyer reasonably believes that the person's interests will not be harmed by not volunteering the information

A lawyer could properly make a reciprocal referral arrangement with: A - An owner of a clothing storeAn owner of a clothing store B - A computer salespersonA computer salesperson C - A dentist

c - a dentist (nonlawyer professional w/ training + licensing requirements and regulations)

general rule on if a firm name is proper?

names permitted so long as they aren't false or misleading

Lucy practices in State A and has extensive experience and training in the field of Internet privacy law. Her bio page on her firm's website includes the following statement, which reads, in total: "I specialize in Internet privacy law. The standards for certification in State A are very high, and only the most experienced and highly trained practitioners receive this honor." Is the statement proper? a - yes, provided she has been certified as a specialist by an organization approved by State A b - yes, b/c a lawyer may state that she specializes in a field of law based on her experience, specialized training, or education c - no, even if she has been certified as a specialist approved by State A

c - no, even if she has been certified as a specialist approved by State A (implied certification so needs to clearly state certifying organization) to say you are a certified specialist, you need to have been certified as a specialist by an ABA or state approved authority, AND list the name of the certifying org so that is clearly identified in the communication

Jamila sends an e-mail to all members of her tennis club and encourages them to contact her for discounted services if they ever need a lawyer. This is: a - proper solicitation b - prohibited solicitation c - not solicitation

c - not solicitation (no indication that members were known to need legal services in a particular matter so this is advertising, not solicitation)

Gunther's website states, "NEED A DIVORCE LAWYER? FILL OUT THE CONTACT FORM BELOW." This is: a - prohibited solicitation b - proper solicitation c - not solicitation

c - not solicitation (website to general public, not specific contact initiated by lawyer to anyone known to need legal services in a particular advertising) note: advertising is different than solicitation

Anthony, a tax lawyer, has been asked to join a commission that has been tasked with revising the tax code. Anthony knows that the decisions of the commission may affect some of his clients. May Anthony join the commission? a - no b/c he knows that its decisions may affect his clients b - yes but he must not participate in any decision that could affect his clients c - yes but he must notify the commission when any of his clients would be materially benefited by a decision, though he need not ID the client d - yes but he must notify the commission when any of his clients would be materially benefited by a decision, and he must ID the client

c - yes but he must notify the commission when any of his clients would be materially benefited by a decision, though he need not ID the client -This is the main distinction between serving on a legal service organization (where a lawyer cannot even participate in certain decisions) and working on a law reform project. However, when a lawyer is working on a law reform project and is asked to participate in a decision that could materially benefit one of the lawyer's clients, the lawyer must disclose that fact—but the lawyer need not identify the client

Ginny wants to advertise that she is a specialist in a particular field of law. May she properly do so? a - no unless she practice patent or admiralty law b - no, unless she (1) has been certified as a specialist by an organization approved by the ABA or a state authority, and (2) clearly identifies the certifying organization in the advertisement c - yes, as long as the statement is based on her experience, specialized training, or education and is not false or misleading

c - yes, as long as the statement is based on her experience, specialized training, or education and is not false or misleading you only need certification by an approved ABA/state authority AND to clearly id the certifying organization when you claim to be a 'certified specialist'

Jackson is representing a client in a lawsuit against TruckCo, which is represented by in-house counsel. The lawsuit arose out of an incident in which Vance, one of TruckCo's drivers, ran over Jackson's client with a company truck. Jackson believes that TruckCo's corporate culture encouraged Vance to drive recklessly, and he wants to interview: (1) TruckCo's president, (2) Vance, (3) other current TruckCo drivers, and (4) former TruckCo drivers. Who may Jackson properly contact without the consent of TruckCo's counsel?

communication permissible with: -other current truckco drivers -former truckco drivers -rule against contacting represented persons also applies to represented organizations, but prohibited contact related to org only applies to certain EEs/constituents of org -lawyer required to get consent of org's counsel to communicate w/ a person who supervises/directs/regularly consults with the org's lawyer about the matter at hand, a person whose conduct may be imputed to the org for purposes of criminal or civil liability, or a person who has authority to obligate the org concerning the matter; former constituents not controlled by rule

which payment to a trial witness would be prohibited? a - paying a non-expert witness for their reasonable travel expenses b - paying an expert witness for their time spent preparing for testimony c - paying an expert witness for their time spent testifying d - paying an expert witness a reasonable bonus if the client prevails

d - paying an expert witness a reasonable bonus if the client prevails -expert witness can be paid reasonable fee for preparing + testifying (and reasonable travel expenses), but fee can't be contingent on either the context of the testimony or the outcome of the case

Zachary is representing Kayla in the sale of her farm. Kayla asks Zachary to evaluate her legal title to the farm and send the evaluation to Barry, a prospective buyer. Zachary evaluates Kayla's legal title to the farm and finds no problems with it. He simultaneously sends copies of his evaluation to both Kayla and Barry. Is Zachary subject to discipline? yes - b/c he didn't get Kayla's informed consent before sending confidential info to Barry no - b/c he was impliedly authorized to send eval to Barry

no - impliedly authorized to send -A lawyer may evaluate a client's affairs for the use of a third person if the lawyer reasonably believes that making the evaluation is compatible with the lawyer's other responsibilities to the client. The rules of confidentiality apply to information gained during the evaluation, but where disclosure would serve the client's interests, the lawyer is impliedly authorized to disclose the information. The information in Zachary's evaluation would not harm Kayla, so Zachary was authorized to furnish that information to Barry.

Anne is representing Caila in a personal injury lawsuit. Anne visits the home of Barbara, an eyewitness, and interviews her about the case. Anne makes it clear that she is representing Caila and that she is looking out for Caila's interests. At the end of the interview, Barbara tells Anne, "If you have any further questions for me, you can contact my attorney. Here's his card." Anne is shocked to hear that Barbara is represented by counsel in the matter. Is Anne subject to discipline? -yes -no

no; Anne had no reason to know that Barbara was represented by counsel and had no duty to investigate, so the rule for communicating with unrepresented persons applies

Judge Jordan and lawyer Paulo have mutual friends and have met and chatted at various gatherings at the homes of their mutual friends. Paulo appears as a lawyer in a case in Judge Jordan's courtroom. Must Judge Jordan disqualify himself from the case?

no; acquaintance - unlike friend - doesn't require judge disqualification

A corporation in which Judge Kim's first cousin sits on the board of directors appears as a party in Judge Kim's courtroom. Must Judge Kim disqualify himself? yes no

no; judge must only disqualify himself if relative w/in third degree (closer than cousin) is a party, officer, director, general partner, managing partner, or trustee of a party

A limited partnership in which Judge Janine's aunt works as an administrative assistant appears as a party in Judge Janine's courtroom. Must Judge Janine disqualify herself?

no; judge must only disqualify self if a relative w/in third degree if a party, officer, director, general partner, managing partner, or trustee of party aunt = party w/in the above parameters, but she is not a party not a general or managing partner NOTE: judge must also disqualify self if spouse, domestic partner, parent, child, or other family member living in their house has an economic interest in the outcome

A firm is named "Domino, Peterson, & Keller." Domino and Peterson are partners, and Keller is the firm's head paralegal. Is the firm name proper?

no; misleading to include non lawyer name in firm name

A private personal injury firm located in City B calls itself "City B Legal Aid Clinic." Is the name likely proper?

no; names cannot be false or misleading, and a geographical trade name like 'city b legal aid clinic' usually requires an express disclaimer that it ins't a public legal aid organization

Heather is representing Vincent in a burglary prosecution. Heather suspects that Joe, a witness, will testify falsely at trial. She calls Joe to testify anyway. Is Heather subject to discipline?

no; only MUST refuse when you KNOW testimony is false; here, lawyer suspects but doesn't know testimony is false so MAY offer it (even if they reasonably believe it is false)

Ryan is representing a client in a trial in State A. This is a case of first impression in State A, but Ryan knows that there is a State B case that is directly adverse to the position of Ryan's client. Opposing counsel fails to disclose the State B case. Ryan decides not to disclose it either. Is Ryan subject to discipline?

no; only have to disclose legal authority directly adverse to client's position in a controlling JX

Theresa is representing Malik in his divorce from Jeff. Theresa and Jeff's lawyer are not getting anywhere in the negotiations, so Malik tells Theresa that he is going to have coffee with Jeff and try to sort things out. Theresa gives Malik general advice on which topics to discuss and avoid at his meeting with Jeff. Is Theresa subject to discipline? -yes -no

no; rules don't prohibit represented people from communicating directly w/ each other + lawyer can still advise client regarding these communications

Albert has not done any pro bono work in the past year. Is Albert subject to discipline? A. Yes. B. No.

no; rules state lawyer should spend at least 50 hours/year doing pro bono, but failure to do so won't result in professional discipline

Judge Jemma belongs to and is very active in her church. Her church has a congregation of only 100 members. A member of Judge Jemma's church congregation appears as a party in Judge Jemma's courtroom. Judge Jemma has no contact with this member outside of church functions. Must Judge Jemma disqualify herself from the case?

no; unlike friends, judge need not disqualify themselves when an acquaintance appears in their court (fellow congregants w/ no other relationship = acquaintance)

A firm is named "Glover, Peele, & Yang." Glover and Yang are living partners. Peele was a partner but moved to a firm in a different state last year. Is the name proper?

no; while firms can use the name of a deceased or retired partner, if named person is alive and practicing law elsewhere, the continued use of name is misleading

Annika represents Bobby in a murder prosecution. Near the end of the trial, Bobby tells her that he intends to lie on the stand. Despite Annika's best efforts, Bobby will not change his plan. Annika considers withdrawing but knows that it will not solve the problem because even if the court permits her to withdraw at this late stage, Bobby's next attorney would be in the same situation. What must Annika do next? -notify the judge of the situation -nothing, b/c she owes a duty of confidentiality to Bobby

notify the judge of the situation -first lawyer must try to convince the defendant not to testify, then if D insists on testifying falsely, the lawyer should consider w/drawal if that will solve the problem, third, if all else fails, lawyer must reveal situation to judge (even if it discloses client confidential info)

Austin represents CameraCo, which wants to borrow a large sum of money from LocalBank. CameraCo asks Austin to prepare an evaluation of its legal and business affairs to furnish to LocalBank as soon as possible. As Austin delves into CameraCo's affairs, he realizes that CameraCo's potential legal exposure is much more serious than expected. He finalizes the evaluation and simultaneously sends copies to CameraCo and LocalBank. Is Austin subject to discipline? -yes b.c he didn't get camera's informed consent before sending confidential info to localbank -no b.c he was impliedly authorized to send eval to local bank ASAP

yes; needed informed consent When a lawyer has been asked to evaluate a client's affairs for a third party, and the lawyer knows or should know that the evaluation will materially harm the client, the lawyer must obtain the client's informed consent before making the evaluation

A firm is named "Alvarez, Kane, & Lee." Alvarez and Kane are living partners. Lee was the third partner but died two years ago. Is the name proper?

yes; when partners die, successor partnerships may continue to use their names

Judge Juanita and Poppy, a distant cousin, vacation together twice a year and see each other socially nearly every weekend. Poppy appears as a party in a lawsuit in Judge Juanita's courtroom. Must Judge Juanita disqualify herself?

yes; while a cousin doesn't fall w/in third degree relationship parameter, here, Poppy is a cousin and a close friend so judge needs to disqualify themselves for reasonable grounds of believing the judge has a personal bias concerning a party

Judge Jasper is a full-time state court judge. His best friend Bailey asked Jasper to draft a contract for him. Jasper took a couple of hours on the weekend and drafted the document as a favor to his friend. Is Judge Jasper subject to discipline?

yes; while judge can draft/review docs for family, they cannot do this for a friend