Professional Responsibilities
Attorney Arlette represented Ted Tingus in a wrongful discharge action against APex Petroleum Corp. Apex has fired Tingus from his job as a "service station field representative." Such representatives are responsible for visiting and inspecting Apex service stations to ensure that the station operators are obeying the terms of their leases.........Now 3 years later, a former Apex service station operator named Operman has hired Arlette to represent him in a federal antitrust action to collect treble damages from Apex for subjecting him to the very same anticompetitive policies that cost Tingus his job..... Is Arlette subject to civil liability to Tingus for using his confidential information for her own monetary benefit?
No, because Arlette's recycling of TIngus's information did not harm Tingus; she simply took advantage in her law practice of her earlier experience and accumulated knowledge.
Attorney Aggie is prosecuting a complex case. After two government witnesses testified, the defendant, Daft, took the stand in his own defense. Daft asserted that he always complied with all tax rules and regulations. He also testified that the two government witnesses has deliberately falsified Daft's IRS records because the witness belonged to a SAtantic cult which bore a long-standing grudge against Daft. In Aggie's closing argument, she made the following statements. I. "Defendant's testimony is clearly in conflict with the testimony of two government." II. "Of the persons who have given testimony, who has the better reason to lie, the defendant or the gov. witnesses?" III. "If you believe the testimony of the defendant, you will also believe that the Moon is made of green cheese." FOr which if any of these statements would Aggie be subject to discipline.
A. III only. A lawyer at trial must not state her own opinion about facts at issue, the credibility of witnesses, or the merits of the case
The law fire of Rice & O'Malley represents PJ Kilmer, a susccessfule businessperson who has given the firm almost all of his substantial legal business. Kilmer is presently involved in complex civil litigation in whihc he stands to reeive a large damges award if the suit is successful. Harmon, the attorney for the defendant hase fileda motion that if granted would result in the dissmissal of the suit. The named partners of Rice & O'Malley have studied the motion and feel there is some merit in the motion, and at least 50% of chance that Judge J will rule in favor of the def. During the course of explaining the def's motion to Kilmer, R&O call in Costello who is a recently hired associate. Costello is Judge J former law clerk and wrote several speeches for her when she was running in a contested reelection campaign. R&O tell Kilmer that it would be to his advantage for Costello to argue against the motion. Costello, during his course of the meeting with the Client tells Kilmer, "I think we'll get a break on this because Judge J owes me a favor." Is Costello subject to discipline?
A. Yes, because his statement implies that Judge J will give him preferential treatment due to their past association.
Attorney Arlo has hired Clarissa, a 3rd year student at local law school, to assist hime as his clerk. Clarissa is not licensed under the state law or court rule that allows a 3rd year student to engages in practice under supervision of a licensed attorney. Arlo has Clarissa perform the following task: I. Draft a release form for personal injury plaintiffs to sign after their cases have been settled. (Arlo himself has the slaintiffs sign the forms.) II. Interview witnesses to accidents, and have them sign Clarissa's written version of the interview. III. Reach settlement agreements with insurance company representatives before suit has been filed. For which, if any, of the above is Arlo subject to dicipline?
B. III. Only
Pilate, a local assistant district attorney has just finished prosecuting a case against Dudley Defendant, who was accused of committing a serious felony. Pilate believed he had a strong case, but Justinian, the judge is running for reelection in a contested campaign. The judicial election will occur in two months. Immediately after Dudley's trail is over, Pilate makes the following statement to reporters assembled on the courthouse steps. DD is walking away from this courthouse a free man only because of the erroneous rulings of JJ. In the many years that I have tried cases in this state, I have become aware that in every case heard by JJ where I have appeared before him as prosecutor, there have always been clearly erroneous rulings in favor of the defendant. I am going to do everything in my power to see that JJ is not reelected, and I am going to work very hard for the election of his opponent. Pilate has personally tried 4 cases in from JJ. Is his statement proper?
B. No, because Pilate has brought the administration of justice into disrepute. a lawyer must not make a statement that the lawyer knows to be false or with reckless disrespect as to its truth or falsity concerning the qualifications or integrity of a judge.
Cato Clien brings an extremely complicated case to Art Attorney. This case is so complex that it will require the undivided attention of qualified attorney for 3 months to do the necessary research, draw up the proper papers, and take the case to trial. Cato, realizing the complexity of the case, makes the following offer to Art.. Cato promises to pay A $30,000 in advance for 3 moths if A agrees to take no other cases during that period, it being determine that A's ususal income for that perios time is $30,000, Art agreed to this and proceeded to work on Cato's case. A was approached by more than the usual number of prospective clients. Had he accepted employment from them, he would have received $30,000 in fees them. A, however, in compliance with his agreement with Cato, refused to take any of these prospective clients. At the end of the 1st month A and Cato has a conference to discuss the case. A number of points of disagreement arose between them, cato becames angry and fired A. Cato demanded the return of money. Which of the following best describes proper conduct for Art?
B. Retained an amount that represents fair compensation for work actually performed on the case.
Preacher is a law school graduate but is not a licensed member of the bar. After Preacher graduated he felt called to the ministry, received a degree in divinity and was formally ordained as a minister for his faith. Preacher is not a pastor of a local church, whre Alfred Attorney is a memeber. Preacher has been very disturbed about the high rate of divorce in American family life. Therefore, he hold frequent :family counseling sessions where he explains to the parishoners who attend many of the legal ramifaication of divorce alimony child support and child custody. ...........Preac asks Alfred if he will prepare an outline and memo fully explaining the new law so that Preacher will be better informed for the sessions. If Alfred agrees to this, is he subject to disicpline?
B. Yes, because Alfred is assisting in the unauthorized practice of law.
Hemoglobin, a licensed attorney, represents the plaintiff, Portia in a personal injury case. Portia has authorized Hemoglobin to settle the case for $2000. She further tells Hemoglobin that if he receives $2000 form the defendant, he may keep $750 of it as his fee, that he should pay Dr. Artz, the physician who examined her, $250 for his examination and treatment of her injuries. Hemoglobin reaches a $2000 settlement with the def. Upon receipt of the check from the def, he immediately places $750 in his personal account, sends the Dr. a check for $250 and places $1000 in his clients' trust account at Beelebub National Bank. 60 days after Hemoglobin received the check, Portia calls him to inquire about any progress made on a settlement of her case. hemoglobin tells her that he settled the case and paid the doctor. Immediately after he hangs up the phone, he writes out a check to Portia in the amount of $1000 and mails the check on his lunch hour.
B. Yes, because he did not promptly pay his client the money due her. a lawyer must promptly notify the client of receipt of finds and must promptly pay or deliver to the client as requested by the client.
In April 2000, plaintiff ProTex sued defendant Datasafe Corp. in US District Court for infringement of PT copyright on a computer software programs that protects the computer data from being destroyed by so-called viruses.......As is customary in the computer industry DS periodically creates improved versions of the computer software it sells. Whenever DS creates an improved version, it routinely destroys the source code for the former version...........After a detailed factual hearing Judge J concluded that DS two acts of destruction made it impossible for PT to prove that DS had copied PT copyrighted material in January 2000. As a sanction for destroying evidence, JJ entered a partial summary judgment in favor of PT on the copying issue. JJ also sanction Littleman ordering him to pay all of the expenses and attorney's fees for PT. Was Judge J correct in holding Littleman subject to litigation sanction?
B. Yes, because in both June and September 2000, Littleman either knew or ought to have known that the January 2000 source code was vital evidence.
Lawyer Linda placed an advertisement in The Clairon, publish daily in the community in which Linda practiced. The ad was to run every Tuesday and Thursday for 6 months. The ad listed Linda's office address adn office phone and properly identified her as an attorney. The as also included the statement "After pm, call (32-4585," which was L's home phone. The ad further included l's telex number. Was Linda's ad proper?
B. yes, because the information supplied will make it easier to contact her and make her services more accessible to more people.
Attorney Alondra and Client Cyprian agree that A will represent C for the contingent fee of 25% of any eventual settlement or judgment in C's personal injury action. The case comes to trial and the judgment awarded is $20,000. The day after the trial, C calls Alondra and tells her, "I just talked to my brother-in-law's cousin; he's a file clerk for an insurance company and he says that any good attorney would've gotten $40000 for the kind of injury I had. You should get any fee for getting me a measly $20000. that afternoon a check for $20000, payable to A form the defendant arrives in A's office. It would be proper for A to: I. Send the $20000 to C II. Send $15000 to C and deposit $5000 in her client trust account. III. Send $15000 to C and deposit $5000 to her personal account.
C. I and II but not III.
Attorney Alex has been reatined by Cal Carbon a wealthy prominent resident of Salt City, where Alex maintains his offices. Cal has held a umber of local political offices and is presently engaged in a hotly contested primary election for US congress. Cal tells Alex that he is beng blackmailed by Sarah whi is threatening him with paternity suit. Cal admits to a brief dalliance with Sarah, but denies being the father. Cal tells Alex that he is willing to settle with Sarah for $10,000 to prevent the bad publicity that would result form the filinf of a paternity suit against him and which would probably ruin his chances for election to Congress. ........... The next day Sarah calls Alex tells him she will agree to the settlement. Alex tells her to be in his office at 3 to sign the settlement papers and receive a $10,000 check.... Is Alex subject to dicipline for negotiating with Sarah?
C. No because he advised her to retain counsel.
Alfonso is the mayor of the city of Dustbowl. Alfonso is also a licensed attorney who has a law partnership with Bella. Under the city charter of Dustbowl, the mayor has the authority to determine what issues are to be placed upon the agenda of the city council. Several council members have told Alfonso that they would like to see a particular zoning measure places upon the agenda. The proposed ordinance would ban commercial development of a certain area within the city limits. Bella has been retained as attorney for Octopus Development Corp. Octopus has acquired land in the proposed noncommercial zoning area and has plans to construct a large shopping center there. May Bella represent Octopus in this matter.
C. No because of Alfonso's position as mayor. If one lawyer in a firm has a conflict and cannot take on the issue, no other lawyer in the firm can take the matter either.
Client Celia comes to attorney Adam seeking representation in bringing a breach of contract action. Celia tells Adam that she originally retained Lawyer Louis about a year ago, but that as far as she knows he had not even filed the papers. According to Celia, Louis never returned her calls, and when she went to his office to find out the status of her case, he was drunk and verbally abusive. Celia told her friends and family about Louis's treatment of her, and when her brother fared no better in getting information from him, he suggested that she contact Adam. Celia advised A that because Louis did not return her calls, she had sent a certified letter to him notifying him that he was discharged. Adam knew that there was only a one-year statute of limitations on this type of action, so he quickly checked the dates and discovered that he had only a few days to file. Adam called Louis to get the information. Louis did not recall the letter of discharge and was surprised to get Adam's calls. He however very cooperative and agreed to send a messenger to Adam's office with Celia's file........ Adam filed the papers in Celia suit on time, and did not report Louis to the disciplinary authorities. Were Adam's actions proper?
C. No, because Louis's actions indicate that he currently if not fit to practice law.
Windy was named partner in the law firm Blowhard, Windy & Crooke. After being approached by officials of his political party, Windy decided to run for Governor of the State of North. Windy won both the primary and the general eclection and was recently sworn in as state's new Governor. Although Windy has made it clear to his law partners adn public that he will not practice law during his tenure as Governor, senior partner Blowhard has decided to leave Windy's name on the firm's stationery and on the door of the firm's plush offices. Is Blowhard's decision proper?
C. No, because Windy is not actually practicing with the firm.
Attoney Aoki represents client Carson, the plaintiff in a personal injury suit arising out of a tour bus acciddent in HAwaii. Nearly all of the eyewitnesses were tourists who have now returned home to the mainland. Without notifyinf the defense attorney, Aoki has interviewed most of the witnesses by phone,. By far the most compelling witness, and the one most favorable to Carson is Willa. Will is a librarian who lives in ND and had spent the bulk of her life savings on a vacation to Hawaii. It was on the vacation that Willa witnesses the tour bus accident. Willa is a very appealing witness, and Aoki is confident that if a jury saw her testify personally, Carson would win his suit. Aoki tells Willa that is she is willing to come to Hawaii for one week to testify, he will pay for her plane tickets, hotel, meals, oceanfront room at a 1st class hotel, and one week's salary for her lost time. This is the same offer Aoki make to all witnesses traveling to testify in any of his cases. Willa, who cannot believe her good fortune readily agrees. Is Aoki subject to discipline?
C. No, because a lawyer may pay a witness's reasonable expenses and lost wages.
Charlene went to the law office of Leopard and told him that she wished to divorce her hard-drinking, abusive husband, Buster. However, since she was a housewife, she told him that she could not afford to pay a big lawyer's fee. Leopard was sure that Charlene has adequate grounds for divorce in that Buster was adulterous, alcoholic, and frequently beating Charlene. Therefore, Leopord told her, "the filing fees for a divorce is in this county is $135. If you can put up that much money, Ill fo all the work for 10% of whatever I get you for alimony and child support." Charlene was elated .......... However, personal satisfaction aside, was Leopard's conduct proper?
C. No, because contingent fee arrangement are inappropriate in divorce cases.
Attorney Archer is representing Davis in the civil case of Preston v. Davis, which arose out of business deal gone sour. One evening after court was out of session, but with trial set to resume the next day, Archer attended a $5000 per person charity fund-raising dinner. When he was seated, he was shocked to find he was seated next to the plaintiff in the suit. Archer asked to change seats, but it was impossible. Archer and Preston did not discuss the case but made small take about the weather sports..... Is Archer subject to discipline?
C. No, because they discussed the charity, the weather, and sports.
Judge JOhn, considered a great personal injury litigator when he was in private practice, is trying a very complicated commercial law case. He carefully listened to the opposing counsel's arguments and has read the briefs several times. He has found neither the oral argument nor the briefs to be very enlightening. Sheba, a former law partner of JJ, is considered to be one of the leading experts on commercial law in the state. JJ wishes to lend the briefs to Sheba, and have her write an advisory memo on the issues of the case. JJ sincerely feels that this will enable him to render the proper judgment in a difficult case. Is it proper for the Judge to seek such help?
C. No, unless he gives notice to the parties and allows them to time to respond to Sheba's memo.
laexandria is a recent law school grad who has just been admitted to the State Bar. She returns to her hometown of 20000 . Gastrix who has practiced out one person office for many years asks alex to associate with him. He produces an emplyment contract that he asks Alex to sign. G is the only attorney in the town who regularyly handles bankruptcy cases. The forllowing provisions in the employment contract would bar Alex for 1 year leaving G employ, from: I. Practicing law within a 50 mile radius of Sodville. II. Accepting any cases dealing with bankruptcy. III. Accepting business from clients who had been represented by G's law firm during the period of Alex's employment. For agreeing to which of the above provision would Alex be subject to discipline?
D. I, II, and III
Attorney Quarles is embittered as he has recently had to expand a great deal of time and money defending himself against a frivilous malpractice suit brought by a disgruntled former client. To forstall such suits in the future, Quarles decided to take extra precautiouns. A reseult he enters into the following arrangements: I. Tapes a "closing interview," during the course of which Q explains each aspect of his handling of the case and asks the client if she understands fully the explanation, or if she has any further questions about the case. Quarles tells the client that he is taping the interview. II. Agrees to represent a client for no fee or for a low fee, but only if the client promises not ot sue him for malpractice. III. Refuses to return a clients's papaers until the client signs a release of liability for malpractice. for which of the above is Q subject to discipline?
D. II and III, but not I.
Bellatrix, a local attorney, has recently defended David Defendant in a civil action tried before a jury. Defendant lost the case, and Paul the Palintiff was awarded a substantial amount of damages. Bellatrix receives an anonymous handwritten letter that states, "Joan Jurer, who sat on the jury was bribed to influence other members tof the jury to side with Paul and to award a large sum." Bellatrix hires SS, a local private investigator to investigate JJ and to determine if the anonymous charges are true. It is proper for Bellatrix to hire the private investigator?
D. No, if the investigation is to be conducted in such a manner as to harass the jurors
Castor and Pollux are law partners. Castor represents Scurvy, and Pollux represents Smythe. Both are criminal defendants whose cases are seemingly unrelated. During the course of an interview with Castor, Scurvy tells him that he was involved in the crim with which Smythe is charged and that he is willing to testify against Smythe if he can be granted immunity from prosecution on that charge an plea bargain the crime with which he is presently charged down to a lesser offense. Which of the following course of action is proper for Castor?
D. Not inform Pullox and withdraw from representation.
Attorney Alpheus worked for 2 years for the Veteran's Administration. while there, his main function was to investigate claims filed b veterans. During the course of his employment, he once investigated a claim filed by Charles, a Vietnam War veteran. After A left the VA, the agency denied Charles's claim. Charles comes to A, who is now engaged in private practice, and asks him to represent him in a suit against the VA for the benefits to which Charles believes his is entitled. Is A subject to discipline if he accepts Charles's case?
D. Yes, if A had substantial and personal responsibility for Charles's VA claim.
Attorney Aridane has an arrangement where by a local radio station broadcasts 4 times each day a prerecorded tape advertising her services. A pays the station its statndard rate for "spot ads." The advertising tape is as follows: Ariadne Attorney, 355 MAin St. is a fully licensed member of the state bar engaged in general practice. She wil handle bankruptcies for $150 and uncontested divorces where there are no custody or property problems for $250 plus the filing fee. She will take personal injury cases on a contingency fee basis, her fee being 30% of the amount recovered after decduction for costs. AA offers a free consultation regarding your case. You may call ... Is AA advertising proper?
Yes, there is nothing wrong with AA advertising.
Athos and Porthos are law partners. For many years their firIi1 bas represented Cardinal Industries, a local manufacturing firm. Cardinal gives tile bulk of its legal business to the firm. Such business is handled by Athos. Porthos has never done any work for Cardinal, but he knows that Cardinal is a major client of the firm. Along with other work for Cardinal, Athos is doing some collection work for Cardinal. A number of Cardinal's customers have not paid their bills, and Athos is in the process of obtaining judgments against them. These particular judgments are all default judgments, as none of the customers have filed answers to the complaints within the time limit stated. Thus, the judgments will be handled in a routine manner by the court with virtually automatic rulings in favor of Cardinal. In the meantime, Porthos has been retained by Dartagnan Products, Inc. Porthos has been asked by Dartagnan to draw up a number of contracts. Athos files the papers/'or default judgments against Cardinal's delinquent customers. Among these customers is The Aramis Company. After the papers have been filed, Athos discovers that Aramis is an unincorporated division of Dartagnan Products. Athos tells Porthos. Porthos in turn tells the appropriate officer of Dartagnan that he will have to withdraw from representing Dartagnan because of a conflict of interest. After explaining the problem fully to the Dartagnan officer, they part on very cordial terms with Porthos being given permission to withdraw. Athos proceeds with his cases against Cardinal's delinquent customers. Is Athos subject to discipline?
Yes, unless his client consents after full disclosure.
Shortly after the county granty jury handed down an indictment for armed robbery against fgitive Drooles, DA D with the working press outside the door to the grnad jury room. Daly told the press, :You all know that I'm limited as to what I can say about pending cases, so I only have three statements to make to you. You can save your time and min by not asking any other questions because 'no comment' is the only way I'll be able to answer them. Daly made the following statements: "Drooles has been indicted by the grand jury for armed robbery, but like all other American citizen Drooles is considered to be innocent until proven guilty. Drooles was indicted after grand jury testimony of two credible witnesses. The public should be warned that Drooles is a fugitve and is consider to be armed and dangerous. Which of the above statements was proper for the DA to make?
c. I and III only
Judge Josephine ruled in favor of Plaintiff in a civil action where Defendant was ordered to pay the Plaintiff $50,000 in damages. Josephine has since resigned from the bench. Defednat has refused to pay the $50,00, asserting that the verdict was obtained through improper means. Defendant asks Josephine, now in private practice, if she will represent him. Would Josephine be subject to discipline if she represents Defedant?
c. Yes because Josephine ruled on this case when she was a judge.
