PR Questions

Rule 5.5: If one of the exceptions from 5.5(c) applies, can the lawyer practice in that state permanently? Yes No

No Practice must be on a temporary basis only

Does Rule 1.13 apply to government organizations? Yes No, it only applies to corporate and private entities

Yes

Rule 1.6: A lawyer meets with a prospective client and discusses the client's situation. Ultimately, the client decides not to hire the attorney. Can the attorney-client privilege still protect the conversation? Yes, because the purpose of the conversation was to seek legal advice No

Yes Because the purpose of the conversation was to seek legal advice Attorney-client privilege can apply even when there is never a formal attorney-client privilege

Rule 1.6: Does the duty of confidentiality extend to former clients? Yes No

Yes Comment [20] is specific about this - "the duty of confidentiality continues after the client-lawyer relationship has terminated"

Rule 1.6: The client sues the lawyer for malpractice. Can the lawyer reveal confidential information to defend against the malpractice claim? Yes No

Yes This would qualify under "to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client," and to respond to allegations in any proceeding concerning the lawyer's representation of the client"

Rule 7.2: Jack Sprat and Jean Lean were best friends as children. Now adults, Sprat has become a lawyer and Lean is a tax accountant. While talking one night over dinner, they realize that they each have a number of clients who could benefit from the other's expertise. Sprat suggests to Lean: "How about if I recommend you to my clients who need accounting services, and in return you recommend me to your clients who need a lawyer?" Does this arrangement comport with the Model Rules? Yes, as long as the agreement is non-exclusive and is disclosed to the clients being referred Yes, because lawyers have a First Amendment right to make such referrals No, because the prohibition against giving "anything of value" in exchange for a recommendation means that reciprocal referrals are forbidden No, because lawyers are not allowed to refer clients to other service providers

Yes, as long as the agreement is non-exclusive and is disclosed to the clients being referred

Rule 3.2: An attorney represents a client in a personal injury case. After the parties meet and confer and set initial discovery deadlines, the attorney's parents schedule a family reunion for the same week that the discovery responses are due. Under the Model Rules, is it appropriate for the attorney to file a motion to extend the deadline in order to travel to attend the reunion? Yes, as long as the attorney's client won't be materially harmed by the delay Yes, as long as the opposing party doesn't object No, because the attorney has a duty to expedite litigation No, because the attorney should manage the work to get the discovery together ahead of time

Yes, as long as the attorney's client won't be materially harmed by the delay This scenario fits in with the "occasions when a lawyer may properly seek a postponement for personal reasons" Family time is important

Rule 1.1: (This is the style of question you may see on the MPRE). An attorney agrees to defend a client against a criminal charge of embezzlement. While interviewing the client, the lawyer realizes that the client's financial situation may have implications for the client's income-tax liability. However, the lawyer has no experience with income tax matters. May the attorney limit the representation to the criminal defense only and avoid advising the client about the tax issues? Yes, as long as this limitation is clearly communicated to the client and does not affect the criminal case Yes, because the attorney is only being paid for the criminal representation No, because the client may suffer harm if they do not understand the tax consequences of their decisions No, because the attorney has a duty of competence to the client

Yes, as long as this limitation is clearly communicated to the client and does not affect the criminal case Comment [5] provides that "An agreement between the lawyer and the client regarding the scope of the representation may limit the matters for which the lawyer is responsible. See Rule 1.2(c)"

Rule 1.16: A client seeking representation meets with an attorney. During their first meeting, the attorney agrees to represent the client in a divorce case. The very next day, however, the attorney is invited to go on an around-the-world backpacking trek and decides that it sounds like more fun. May the attorney withdraw from representing the client to go travel? Yes, because after just one day, it is unlikely that withdrawal will have a material adverse effect on the client's interests. If the client has paid for the services, the lawyer must refund the money Yes, as long as the client hasn't paid for her services yet No, because the client hasn't given the lawyer cause to withdraw No, because the lawyer needs to give the client more advance notice

Yes, because after just one day, it is unlikely that withdrawal will have a material adverse effect on the client's interests. If the client has paid for the services, the lawyer must refund the money

Rule 3.7: An attorney represents a client in a civil-rights action. A statute allows for prevailing plaintiffs to collect attorneys' fees. After the jury returns a favorable verdict in the case, the attorney is called to the stand to testify about the number of hours worked and the attorney's customary fees. Under the Model Rules of Professional Conduct, may the lawyer provide this testimony? Yes, because it relates to the nature and value of legal services rendered Yes, because the judge is asking for the testimony rather than the opposing party No, because the issue is not uncontested No, because an attorney shall not act as advocate at trial in which the lawyer is likely to be a necessary witness

Yes, because it relates to the nature and value of legal services rendered This is an exception to the general rule that an attorney may not be called as a witness in a matter in which the attorney serves as an advocate

Rule 5.5: Rule 5.5(c) offers exceptions to the prohibition on practicing in a state where the attorney is not licensed. How many exceptions are there in 5.5(c)?

4

Rule 1.6: If you are trying to prevent the introduction of evidence in a court proceeding, you would object to the introduction of evidence on the basis of: Confidentiality Attorney-client privilege Both Neither

Attorney-client privilege Attorney-client privilege is an evidentiary doctrine, so it is a valid basis for objection

Rule 5.5: Rule 5.5(d) applies primarily to in-house counsel. What categories of in-house counsel does the rule apply to? Lawyers licensed in a foreign country only Lawyers licensed in a different U.S. state only Both Lawyers licensed in a different U.S. state and lawyers licensed in a foreign country Lawyers licensed by a federal agency only

Both lawyers licensed in a different U.S. state and lawyers licensed in a foreign country Foreign lawyers have additional restrictions not placed in U.S. lawyers licensed in a different state

Rule 1.1: What do the comments to MPRC 1.1 suggest is the "most fundamental legal skill?" Client counseling and advising Engaging in fact-based research and discovery Determining what kind of legal problems a solution may involve Persuasive and clear writing Engaging in legal research

Determining what kind of legal problems a situation may involve

Rule 1.3: An attorney represents ABC Corporation. Which of the following is true? Even though the attorney does not represent ABC's CEO personally, the attorney's conversations with ABC's CEO are likely to be covered by attorney-client privilege The attorney is not allowed to represent individual decision-makers within the corporation The attorney is considered to represent the top decision-makers of the corporation The corporation's CEO can give consent to having the attorney represent both the CEO and the corporation as long as there is no conflict between the CEO's individual interests and the corporation's interests

Even though the attorney does not represent ABC's CEO personally, the attorney's conversations with ABC's CEO are likely to be covered by attorney-client privilege

Rule 1.6: A client confesses to the lawyer that he committed a crime for which someone else has been arrested. The arrested individual faces a potential 20-year sentence. Do the rules of professional conduct require the lawyer to reveal that an innocent person has been arrested, even if the lawyer doesn't sat how they know that? Yes No

No

Rule 1.6: May the attorney always reveal information to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another? Yes No

No The attorney may reveal this information only when the client "has used or is using the lawyer's services" in furtherance of that crime or fraud That doesn't mean the attorney knew the client's action was fraudulent - the client could have been innocent if the client lied to the lawyer The lawyer's mens rea doesn't matter - but it does matter whether or not they were involved, even if innocently

Rule 1.6: An attorney represents a client who was involved in a car accident. The attorney interviews a bystander who is a potential witness. No one else is present for the interview between the attorney and the bystander. The bystander reports: "I saw your client's car speeding through a red light. He was definitely at fault in the accident." Is this conversation subject to the attorney-client privilege? Yes No

No The bystander is not a "privileged party" and also was not seeking legal advice - so neither of these requirements were met

Rule 1.5: A client charged with Driving Under the Influence seeks to hire an attorney. The attorney offers to represent the client for a $5,000 flat fee. The client pays the fee up front. The attorney spend five hours researching breathalyzer reliability for a potential pre-trial motion and spends two hours negotiating a plea deal with the prosecutor. Ultimately, the lawyer negotiates a plea deal that includes one week in jail and two years of probation. At the lawyer's urging, the client agrees to accept the plea deal. Is the lawyer subject to discipline under these facts? Yes, because the lawyer should not charge a flat fee in a criminal matter Yes, because the lawyer urged the client to accept the plea deal and should have left it up to the client's discretion Yes, because the amount of the fee is unreasonable No

No Yes, this fee is probably not unreasonable. 7 hours for a $5,000 fee is a lot - it works out to $714 an hour. This is almost double the average lawyer fee, though partners at big law firms may charge $1,000 an hour and even more. Here, even though $714 an hour is a lot, and probably more than most lawyers in the community charge, it's probably not unreasonable under the other MPRC 1.5 factors - the client had certainty of agreeing to the flat fee up front, and the lawyer had the necessary skill and got the client a good result. In other cases, the lawyer may end up spending more hours on a flat-fee case, so the lawyer is taking some risk on accepting flat-fee representation. Sometimes the case will end after a few hours, and sometimes the effectively hourly rate will be much lower because the attorney had to work a lot of hours

Rule 1.6: If a lawyer knows that a client is planning to commit murder (and knows that the client has the ability to carry out their plans), does the lawyer have an obligation to reveal that information to the police? Yes No

No Rule 1.6(b)(1) says the attorney "may" reveal such information, but is not required to under the Rules of Professional Conduct

Rule 1.6: Sam is a lawyer who is also a licensed social worker. Sam specializes in family law and has found that the social work background helps in providing better service. A new client, Georg, visits Sam's office. George's brother Phil drives him to the office and, at George's request. Phil remains present for the discussion with Sam. During the discussion, George confides that his estranged wife is likely to seek full custody based on George's alleged history of abuse. When Sam probes for details, George admits that he hit the children in the past while drinking - and that his son once suffered a broken arm as a result - but swears that it will not happen again. Phil agrees, and says that he vouches for George and is sure that George has turned over a new leaf. A law on the books in Sam's state requires all licensed social workers to report cases of child abuse. Does either the duty of confidentiality or the attorney-client privilege preclude Sam from making such a report? Yes, the information is privileged Yes, the information is confidential Yes, the information is both privileged and confidential No, Sam has a legal duty to make the report

No, Sam has a legal duty to make the report This information isn't confidential under Rule 1.6, because a law requires Sam to disclose The information isn't privileged because George probably waived privilege by letting his brother stay in the room for the conversation. There's no indication that Phil was necessary to facilitate legal advice. Even if he was needed to drive George, he could have sat outside while the two talked

Rule 7.3: Attorney Jennifer Savage attends a holiday party at her child's elementary school. While sipping non-alcoholic punch and eating buttercream-frosted cookies, she talks to one of the other parents. "My spouse just filed for divorces," the parents says. "Totally out of the blue. And now I need a lawyer. I don't know how to begin looking for one. I've never even met a lawyer." "I'm a lawyer," Jennifer answers, handing over a business card. "Can you take my case?" the parent asks. "I do some family law, but I don't know if I'd be the right attorney for you. But if you want to discuss the possibility, you're welcome to call my office on Monday." Did this conversation violate the Model Rules? Yes, because Jennifer's handing over the business card can be reasonably understood as an offer to provide legal services Yes, because lawyers are not allowed to engage in in-person solicitation No, because Jennifer did not initiate the discussion of legal representation No, because there's no indication that Jennifer expected any pecuniary gain from the representation

No, because Jennifer did not initiate the discussion of legal representation 7.3 defines solicitation as "a communication initiated by or on behalf of a lawyer or law firm"... Here, Jennifer did not initiate the conversation, so this is not an improper solicitation

Rule 7.1: Attorney Percival Featherstonhaugh wants to attract more clients, but he is worried that clients won't be able to remember his name or spell it well enough to be able to find his contact information. He would like to use a trade name for his firm, and he knows that former president Abraham Lincoln is the most widely respected lawyer in history. Can he name his form "The Abraham Lincoln Law Firm?" Yes, because Lincoln is no longer alive, and firms may retain the names of deceased lawyers No, because Lincoln was never a member of the firm No, because law firms must operate under the names of their partners - trade names are not allowed

No, because Lincoln was never a member of the firm

Rule 1.6: An attorney in the firm's corporate department is assigned to represent the Duke and Duchess of Sussex in setting up their new business venture, Archibald Enterprises, Inc. The attorney is very excited to work on the project. Over lunch with her friend, an associate in the firm's IP section, the attorney reveals that she is working for "the coolest members of the Royal Family." Is the attorney subject to discipline for sharing this information? Yes, unless the associate was also assigned to work on the same matter Yes, unless the clients consented to allow the information to be shared No, because the associate is employed at the same firm No, because the attorney did not reveal the names of her clients

No, because the associate is employed at the same firm Comment [5] provides that "lawyers in a firm may, in the course of the firm's practice, disclose to each other information relating to the client of the firm, unless the client has instructed that particular information be confined to specific lawyers"

Rule 1.1: (This is the style of question you may see on the MPRE). An attorney gets a phone call in the middle of the night from a friend saying that they've been arrested after a night out drinking. The friend asks the attorney to come bail them out. However, this attorney only practices tax law, and has no idea how to make bail. The attorney attempts to secure their friend's release, but due to the attorney's lack of knowledge, the attorney is unable to do so. The friend is released the next morning after consulting with a criminal defense attorney. Did the attorney violate their duty of competence by attempting to secure their friend's release? Yes, because the attorney failed to secure the release Yes, because the attorney had no experience with criminal defense No, because the attorney limited their representation to what was reasonable needed in an emergency No, because the attorney was helping a friend

No, because the attorney limited their representation to what was reasonable needed in an emergency Comment [3] states "In an emergency a lawyer may give advice or assistance in a matter in which the lawyer does not have to skill ordinarily required where referral to or consultation or association with another lawyer would be impracticable. Even in an emergency, however, assistance should be limited to that reasonably necessary in the circumstances, for ill-considered action under emergency conditions can jeopardize the client's interest" Here, there was no significant risk of harm to the client because they would be able to reach a competent attorney during business hours

Rule 1.8: An attorney represents a client who owns a car dealership. When the attorney needs a new car, she visits the dealership and sees a car she likes. Would the attorney violate the Model Rules of Professional Conduct if she buys a car at her client's dealership? Yes, because attorneys may not engage in business transactions with clients Yes, unless the terms of the deal are fair and reasonable to the client, the client is advised in writing of the desirability of independent legal counsel, and the client gives informed consent to the transaction No, as long as her client does not know that she is shopping at the dealership No, because this is a standard commercial transaction

No, because this is a standard commercial transaction Even though this is technically a business transaction with a client, comment [1] provides that Rule 1.8(a) "does not apply to standard commercial transactions between the lawyer and the client for products or services that the client generally markets to others, for example - products manufactured or distributed by the client In such transactions, the lawyer has no advantage in dealing with the client, and the restrictions in paragraph (a) are unnecessary and impracticable"

Rule 5.1: A law firm has no internal policies in place that would help ensure that the firm's junior associates are providing competent representation. Is the firm subject to discipline under Rule 5.1? Yes, if the associates filed to comply with the rules Yes, because the firm should have had such policies in place No, as long as no one suffers harm No, but the partners at the firm may be subject to discipline

No, but the partners at the firm may be subject to discipline Under the lawyer disciplinary system, only attorneys can be subject to discipline - not firms. The partners have a duty to ensure that the firm has in effect measures giving reasonable assurance that lawyers' conduct conforms to the rules, so the partners could be subject to discipline for failing to enact such policies.

Rule 1.16: An attorney agreed to represent a client in negotiating the sale of property. The attorney and client agreed that the client would pay $100 an hour, to be paid monthly within 15 days of receiving a bill. When the client was 21 days late in paying, the attorney sent notice to the client that the attorney intended to withdraw from representation. When the client still failed to pay after another week, the attorney notified the client that the representation was over. Did the attorney violate the rules of professional conduct by terminating the representation? Yes, because the attorney did not get permission from the court Yes, unless the termination could be accomplished with no material adverse effect on the interests of the client No, the attorney had grounds for permissive removal No, the attorney was required to withdraw from the representation

No, the attorney had grounds for permissive withdrawal 1.16(5) applies "the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled"

Final Exam Question: An attorney works for a plaintiffs-side law firm representing individuals injured in automobile accidents. The attorney agrees to represent 2 individuals injured when a city bus crashed into a small sedan. One of the individuals was driving the sedan, and the other was a passenger in it. After the case is filed, the passenger tells the attorney that he thinks the accident might have been caused in part by the sedan driver's negligence. The passenger wants to file a cross-claim against the sedan driver. May the attorney file the cross-claim? Yes, the attorney may file the cross-claim but must ask another attorney in the firm to represent the driver of the sedan Yes, the attorney may file the cross-claim as long as she reasonably believes that she can provide diligent and competent representation to each client and each client gives informed consent, confirmed in writing No, the attorney may not file the cross-claim unless the driver gives informed consent for the attorney to do so No, the attorney may not file the cross-claim

No, the attorney may not file the cross-claim

Final Exam Question: An attorney represents the defendant grocery store in a slip-and-fall premises liability case. The plaintiff, a 12 year-old boy, was injured when he slipped on a grape in the store, fell, and broke his leg. During discovery, the defendant requested copies of the boy's medical records and sent the records to another doctor for review. The doctor retained by the defendant issued a report stating that she found signs of a peripheral aneurysm - a medical condition which, if not treated, would have a 30% risk of causing permanent impairment. There is a 10% risk that it could even result in the plaintiff's death. It is not clear whether the condition was caused by the accident in question, but the doctor's medical opinion is that the fall could have caused the aneurysm. At this time, the plaintiff's counsel has offered to settle the case for $20,000. The defense attorney suspects that plaintiff's counsel is unaware that his client's injury may be more severe than just a broken leg. Although the medical records were provided by the plaintiff, the aneurysm was hard to see on the x-ray, and the doctor retained by the defendant explained that a non-specialist doctor could easily miss it. Under the discovery rules of the state, the plaintiff's counsel could seek discovery of the doctor's report; however, plaintiff's counsel has not done so. The defense attorney suspects that if the plaintiff knew about the additional injury, the plaintiff would demand a much higher settlement to compensate for significantly higher medical expenses. The defense attorney discussed the matter with his grocery-store client, and the client wants to settle the case as quickly as possible without disclosing the doctor's funding. May the defense attorney reveal the doctor's report to the plaintiff's counsel? Yes, the defense attorney may share the report but is not obligated to do so Yes, the defense attorney must share the report because the plaintiff's life is in danger No, the defense attorney may not share the report at this time, but the attorney may suggest to the plaintiff's counsel that counsel should request it in discovery No, the defense attorney may not share the report because his client has not consented to share that information

No, the defense attorney may not share the report because his client has not consented to share that information

Rule 1.6: An attorney represents a client in a divorce proceeding. During the course of discussing the client's assets and how they might be divided in the proceeding, the client asks "Do I have to disclose the money I got from my employer?" Confused, the lawyer says "Do you mean your salary and bonus? Yes, that will be allocated in the divorce" "No," says the client. "I mean the money I took. They were too stupid to ever notice" Further discussion reveals that the client had embezzled $400,000 from the employer. Their spouse has no knowledge of the crime or the money Does Rule 1.6 allow the lawyer to reveal the information? Yes, and because this is criminal wrongdoing, the lawyer must reveal it to the authorities Yes, the lawyer may reveal it but is not required to Yes, because the crime-fraud exception to attorney-client privilege would apply No, the lawyer must keep the confidence

No, the lawyer must keep the confidence

Rule 1.6: An attorney agreed to represent her best friend, Lila, in a divorce case. While talking with a mutual friend, the friend expressed concern that Lila seemed troubled and unhappy. Can the attorney reveal that Lila is undergoing a divorce? Yes, if the attorney would have learned of the divorce through her friendship with Lila regardless of the representation Yes, disclosure is impliedly authorized because the attorney will have to file the divorce proceeding in a public record No, unless Lila has consented to allow the attorney to share that information No, as long as the attorney expressly promised Lila to keep it confidential

No, unless Lila has consented to allow the attorney to share that information

Rule 1.6: A client confesses to the lawyer that he committed a crime for which someone else has been arrested. The arrested individual faces a potential 20-year sentence. Do the rules of professional conduct ALLOW the lawyer to reveal that an innocent person has been arrested, even if the lawyer doesn't sat how they know that? Probably yes Probably not

Probably not Most courts who have examined the situation have said no The strongest argument is probably that a long period of incarceration is likely to result in "substantial bodily harm." Given the current health-care conditions inside prisons, this may be true But the rule also requires that such harm be "reasonably certain" to result, and that is harder Most courts have said that it requires such harm to be "more likely than not"

Rule 1.15: A client is charged with Driving Under the Influence seeks to hire an attorney. The attorney offers to represent the client for $200 an hour, and asks the client to pay $5,000 up front to secure the fee. The lawyer will bill against the retainer and will also pay expenses out of the retainer. The client pays the retainer, and the lawyer puts it into the lawyer's Client Trust Fund. The lawyer spends two hours negotiating the client's bail amount and spends $500 from the Client Trust Fund to bail the client out. After the client is released on bail and before the lawyer does any more work, the prosecutor drops all charges. The client then demands the entire $5,000 back since the case will not be going forward. What is the lawyer's responsibility under 1.15? Return $5,000 Return $4,100 and move $400 to the lawyer's business account Return $4,100 and hold $400 in the Client Trust Account Return $4,100, move $500 from the lawyer's office account to the trust account, and retain $900 in the Client Trust Account Make no disbursements and hold all funds in the Client Trust Account

Return $4,100 and hold $400 in the Client Trust Account This is controlled by 1.15(e) "When in the course of representation a lawyer is in possession of property in which two or more persons (one of whom may be the lawyer) claim interests, the property shall be kept separate by the lawyer until the dispute is resolved. The lawyer shall promptly distribute all portions of the property as to which the interests are not in dispute" Here, the client is demanding all $5,000 back. The lawyer believes he is entitled to recover the bail expenditure ($500) and two hours of work ($400) for a total of $900. Therefore, the attorney has to return $4,100 that the attorney isn't claiming any right to, and hold on to the rest until the dispute can be resolved (in Ohio, there would be a pretty quick fee arbitration most likely). The attorney had already properly spent the $500 on bail, so there is only $400 left to hold in the account. The attorney should not put his own money in the client trust account, because that is considered improper commingling. It's not intuitive that it would be a problem for the lawyer's own money to be in the Trust Account, but it could be a problem - sometimes lawyers try to do that to shield their own money from creditors

Rule 1.16: A lawyer learns that their client is engaged in perpetrating a fraud on investors in a company the client owns. The lawyer decides to withdraw in order to avoid assisting with the fraud. However, because the case is pending before a tribunal, the lawyer needs to file a motion to withdraw with the court. At the hearing on the motion, the judge asks the lawyer why are they seeking withdrawal. The lawyer should: Tell the judge that professional considerations require termination of the representation, but keep the specifics of the client's actions confidential Explain to the judge that the client is engaged in a fraudulent activity

Tell the judge that professional considerations require termination of the representation, but keep the specifics of the client's actions confidential

Final Exam Question: An attorney wants to build her law practice and attract additional clients. Which of the following would not be allowed under the Model Rules? The attorney reads in the state's bar journal that a number of lawyers (whom she does not know personally) have been brought up on disciplinary charges. She calls each of them on the telephone and offers to represent them in the disciplinary proceedings for $200 an hour The attorney hears that an airliner has crashed and sends a letter to the victims' families 10 days after the crash, offering to represent them for a 33% contingency fee The attorney hears that a former client (a defendant in a criminal proceeding 2 years ago) has been hurt in a car crash. A day after the former client is released from the hospital, the attorney visits his home and proposes representing the former client in a personal injury suit for a 25% contingency fee The attorney creates a YouTube video advertising her services. "None of my clients have ever been convicted at trial," the attorney says in the video. "I won't let you be the first!" Although the attorney has been practicing for 2 years, she has never actually taken a case to trial - all of the clients have agreed to plea bargains

The attorney creates a YouTube video advertising her services. "None of my clients have ever been convicted at trial," the attorney says in the video. "I won't let you be the first!" Although the attorney has been practicing for 2 years, she has never actually taken a case to trial - all of the clients have agreed to plea bargains

Rule 1.3: An attorney works for a company that manufactures health-care products, including dialysis machines. The attorney learns that the company is selling imported machines that have not been approved by the FDA and that the company is fraudulently claiming that the machines are fully FDA approved. The attorney speaks to the CEO about the issue. The CEO tells the attorney not to worry about it, saying that FDA approval is "just a formality" and the CEO knows the quality of the imported machines to be just as good as the models that have been approved by the FDA. The attorney brings the concerns to the company's board of directors, but the board backs the CEO's decision. What is the attorney's obligation? The attorney must maintain confidentiality about the use of unapproved machines The attorney has discretion about whether or not to report the company's conduct to the FDA The attorney must report the company's conduct to the FDA if the attorney reasonably believes that lives are at risk The attorney must report the company's misconduct to the FDA regardless of whether the unapproved machines are likely to cause death or serious bodily harm

The attorney has discretion about whether or not to report the company's conduct to the FDA

Rule 1.15: An attorney accepted a $10,000 retainer from a client. Attorney and client agreed that the attorney would represent the client in a real-estate matter, with time to be billed hourly at a rate of $300 an hour. After the attorney had expended five hours of work, the attorney and client had a disagreement. The client fired the lawyer and demanded a full refund. The client argued that the attorney was unqualified to take the case and that the client shouldn't have to pay for any of the attorney's time. The attorney disputes the client's allegations, and believes that although he is newly licensed, he was fully competent to take the case. What is the attorney's responsibility? The attorney should keep the $10,000 in the trust account until the dispute can be resolved The attorney must return the $10,000 to the client The attorney should transfer $1,500 from the trust account to the office account to compensate for the hours worked, but should maintain the remaining $8,500 in the trust account until the matter can be resolved The attorney should return $8,500 and hold $1,500 in trust until the dispute can be resolved

The attorney should return $8,500 and hold $1,500 in trust until the dispute can be resolved

Rule 1.13(e) provides that "A lawyer who reasonably believes that he or she has been discharged because of the lawyer's actions taken pursuant to paragraphs (b) or (c), or who withdraws under circumstances that require or permit the lawyer to take action under either of those paragraphs, shall proceed as the lawyer reasonably believes necessary to assure that the organization's highest authority is informed of the lawyer's discharge or withdrawal." Who is a corporation's highest authority? The shareholders of the corporation' The CEO of the corporation The president of the board The board of directors

The board of directors

Rule 1.1: Which of the following is NOT one of the factors relating to competence specifically listed in the comments to Rule 1.1? The preparation and study the lawyer is able to give the matter Whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field in question The relative complexity and specialized nature of the matter The lawyer's training and experience in the field in question The classes taken and grades obtained in law school The lawyer's general experience

The classes taken and grades obtained in law school

Rule 7.3: Your state adopts a rule providing a 24-hour waiting period for the formation of an attorney-client relationship. Once an attorney has offered to represent a client (typically after the initial consultation and relevant conflicts check), the client must be given a 24-hour period to think it over before agreeing to the representation. The state adopted the waiting period out of concern that attorneys might pressure clients to sign representation agreements before the clients had a chance to consult with other lawyers. If a lawyer decides to make a constitutional challenge to this rule, what would be the best argument? The rule is not rationally related to a legitimate government interest The rule is not the least restrictive means to serve a compelling state interest The rule is invalid as applied when the attorney did not pressure the client or behave abusively The concern underlying the rule is not supported with actual evidence, such as survey data or anecdotal reports

The concern underlying the rule is not supported with actual evidence, such as survey data or anecdotal reports

Rule 5.7: Rule 5.7 applies to lawyers who engage in "law-related services." What kinds of activities often fall within the categorization of "law-related services?"

Title insurance Tax preparation Financial planning Environmental consulting Legislative lobbying Real estate counseling Medical consulting Social work and psychological counseling Economic analysis

Rule 1.8: An attorney often represents clients in the juvenile justice system. In one such case, the attorney agrees to represent a sixteen-year-old charged with burglary. The sixteen-year-old's parents are paying the attorney. The parents demand to participate in the lawyer's initial interview. Would allowing the parents to sit in on the interview violate the Rules of Professional Conduct? Yes, unless the client has consented to have the parents there Yes, because it would interfere with attorney-client privilege No, because the parents are paying for the representation No, because the client is a minor and is therefore deemed to have diminished capacity

Yes, because it would interfere with attorney-client privilege Under 1.8(f), the lawyer may accept compensation from the parents as long as the client consents and it doesn't interfere with the attorney's professional judgment or the attorney-client relationship. The attorney has a duty under 1.6 to protect attorney-client privilege - having the parents in the room for the conversation risks waiving privilege. It is possible that the parents will be needed to help communicate, but the attorney should meet alone with the client first, to assess the client's needs In addition to waive privilege or confidentiality until the attorney has a chance to talk privately with the client

Rule 1.5: After a divorce, the court requires a non-custodial spouse to pay $20,000 annually in child support. The spouse fails to meet this obligation, and after three years more than $60,000 (plus interest) remains outstanding. The custodial spouse visits a lawyer to seek help in enforcing the support award. The lawyer offers to pursue a civil action against the non-custodial spouse. "I've had to spend all my money on the child," the custodial spouse says. "I don't have money to pay your fees." "No problem," the lawyer replies. "I'll take the case on a one-third contingency fee basis, plus expenses. You won't have to pay me unless you recover." The client agrees, and signs a document recording the one-third fee arrangement. The agreement provides that expenses will be deducted from the recovery, but does not specify whether they will be deducted before or after the attorney's fee is calculated. Is the lawyer subject to discipline for this arrangement? Yes, because the lawyer may not charge a contingency fee in a child support case Yes, because the agreement must specify whether the expenses will be deducted before or after the attorney's fee is calculated Yes, both because the attorney may not charge a contingency fee and the lawyer did not specify whether expenses would be deducted before or after the fee is calculated No, the arrangement is acceptable

Yes, because the agreement must specify whether the expenses will be deducted before or after the attorney's fee is calculated The contingency fee here is OK because it is for post-judgment enforcement - it's not dependent on the amount of support awarded. But the agreement must specify whether expenses are deducted before or after the percentage fee is calculated

Final Exam Question: An attorney represents an employee in a wrongful-termination case. During discovery, evidence is revealed that the employer fired the client in retaliation for the client's lawful employee-organizing activity. Both state and federal law protect this activity and forbid employers from taking retaliatory action against employees engaged in organizing. In light of the evidence revealed in discovery, the employer offers to settle the case for a considerable sum. The attorney communicates the settlement offer to the client, telling the client that although it is a nice offer, the client would likely do even better in a jury trial. "I'd rather just accept the settlement," the client said. "I don't want my ex-employer to look to carefully at the accounting in my department - I might have engaged in a little self-help, if you know what I mean." Upon further questioning from his attorney, the client revealed that he embezzled $40,000 from his employer before being terminated. There is no indication that the employer has discovered the crime. May the attorney follow the client's instruction and accept the settlement on the client's behalf? Yes, because the attorney did not participate in the theft Yes, but the attorney must disclose the client's crime to the employer in order to prevent, mitigate, or rectify the harm to the employer's financial interest No, because that would be assisting the client in a crime or fraud No, and the attorney must now withdraw from representing the client

Yes, because the attorney did not participate in the theft

Rule 5.1: An attorney is a senior associate at a law firm and has been assigned to supervise the work of a more junior associate. The attorney gave the junior associate instructions about how to proceed, but never responded to emails from the junior associate asking for clarification. Is the attorney subject to discipline under the Model Rules? Yes, because the attorney has a duty to make reasonable efforts to ensure that the junior associate conforms to the Rules of Professional Conduct Yes, but only if the junior attorney fails to comply with the Rules of Professional Conduct No, because the junior associate is responsible for practicing in accordance with the rules No, because the attorney isn't a partner at the firm

Yes, because the attorney has a duty to make reasonable efforts to ensure that the junior associate conforms to the Rules of Professional Conduct The attorney has been assigned supervisory responsibility; therefore, has a duty to make reasonable efforts to ensure that the junior attorney provides competent representations. Answering questions is reasonably part of that duty.

Rule 3.1: An attorney represents a client charged with violating a local curfew. The client admits to the lawyer that he was downtown after midnight in violation of curfew. Under the Model Rules, can the lawyer assist the client in pleading "not guilty"? Yes, as long as the lawyer is making a "good faith argument for an extension, modification, or reversal of existing law" in challenging the curfew restriction Yes, because the burden is on the prosecution to prove otherwise No, but the client may plead "not guilty" after the lawyer withdraws from the representation No, because such a contention has no basis in fact

Yes, because the burden is on the prosecution to prove otherwise Under Rule 1.3, the defendant in a criminal case has a constitutional right to counsel and a right to present a claim or contention even if it would be otherwise prohibited under Rule 3.1 The lawyer may also assist the client in challenging the constitutionality of the curfew, but is not required to make such a challenge in order to defend

Rule 1.5: A client charged with Driving Under the Influence seeks to hire an attorney. The attorney offers to represent the client for a $5,000 flat fee. The client pays the fee up front. The attorney spend two hours researching breathalyzer reliability for a potential pre-trial motion. At that point, the client notifies the lawyer that he no longer requires his services - instead, he plans to hire a lawyer recommended by his brother-in-law. The client asks for the $5,000 to be returned. The lawyer refuses, pointing to the "non-refundable" clause in the fee agreement. Is the lawyer subject to discipline? Yes, because the lawyer is obligated to return the unearned portion of the fee Yes, because a lawyer may not charge a contingency fee in a criminal case Yes, because the amount of the fee is unreasonably high No, because a lawyer is allowed to charge a flat fee in a criminal case

Yes, because the lawyer is obligated to return the unearned portion of the fee Comment [4] requires that "A lawyer may require advance payment of a fee, but is obliged to return any unearned portion." Even though the lawyer called the fee "non-refundable," the lawyer didn't actually do the work to earn it, and so must return the unearned portion of the fee. A flat fee would be earned when the representation for which the lawyer was hired was fully carried out - but here, the client is terminating the relationship early, so the flat fee has not been fully earned. The lawyer may keep a reasonable fee for the hours actually worked, but must return the rest

Rule 1.5: A client charged with Driving Under the Influence seeks to hire an attorney. The attorney offers to represent the client for a $5,000 flat fee. The client hesitates about paying so much. The lawyer says, "Don't worry - you only have to pay me if you are acquitted at trial or if you agree to a favorable settlement. If you are convicted at trial, you don't have to pay anything - I'll take the case pro bono." Is the lawyer subject to discipline for this arrangement? Yes, because the lawyer may not charge a contingency fee for representing a defendant in a criminal case Yes, because the amount of the fee is unreasonably high No, as long as the lawyer doesn't pressure the client to settle No, because the lawyer may charge a flat fee or no fee at all

Yes, because the lawyer may not charge a contingency fee for representing a defendant in a criminal case This fee is "contingent on the outcome of the matter for which the service is rendered" and so not allowed in a criminal case

Rule 1.7: An attorney in a law firm is approached by a prospective client who would like to hire the attorney to represent her in a premises liability case against SuperMart. The prospective client was injured when she slipped on a grape inside the store. Another lawyer in the attorney's firm is currently engaged in drafting an employee handbook for SuperMart. Would the attorney violate the Rules of Professional Conduct if the attorney agrees to represent the prospective client in the premises liability case? Yes, because this is considered a "direct adversity" conflict Yes, unless the premises liability client gives informed consent to the representation No, as long as the other lawyer in the firm is screened off from the new case No, because the matters are unrelated

Yes, because this is considered a "direct adversity" conflict Suing a client in one matter and representing them in another (even unrelated) matter is considered direct adversity

Rule 1.5: Kardashian and McBeal are both lawyers at the same firm. Kardashian is the more social of the two lawyers, and often attends glamorous parties where she meets potential clients. McBeal is more introverted, and spends more time researching and writing appellate briefs. The firm has a policy that fees will be split 60/40, with the originating attorney taking home 60% of all revenue generated by a client recruited by the lawyer. The lawyer who works on the case earns 40% of the revenue generated. Is this fee-sharing agreement allowed under Rule 1.5? Yes, but only if the client explicitly agrees to it Yes, even if the client is never told of it No, because Kardashian is engaging only in marketing services, not legal services, and therefore cannot share in the fee No, because fees must be shared based on the proportion of work done by each attorney

Yes, even if the client is never told of it Within a single firm, Rule 1.5 allows fees to be shared among attorneys in any way the attorneys decide. Because it doesn't affect the client's representation and doesn't require the client to make any decision, there is no duty to communicate to the client how the money is shared. (This is another example of the presumption that it is the firm as a whole that represents the client)

Rule 7.1: Attorney Ann Jones considers advertising on a local billboard. Her proposed as states: "Hire Attorney Ann Jones. She's never lost a case!" Jones is a recent law-school graduate who has been practicing law for less than six months. She successfully obtained a favorable verdict in the one and only case she has tried to completion. Would Jones be subject to discipline for publishing this advertisement? Yes, because the statement is false Yes, even if the statement is true, because it is misleading No, unless the state had a rule prohibiting attorneys from advertising on billboards No, because attorneys have a First Amendment right to advertise truthful statements

Yes, even if the statement is true, because it is misleading

Rule 7.3: In a state that has adopted the Model Rules in their entirety, an attorney wants to send a letter to the surviving relatives of individuals killed in a tragic airplane accident, inviting them to consult about the possibility of representation. The attorney wants to send the letter as soon as possible, before the relatives choose another attorney. In fact, the attorney knows that at least 3 of the surviving relatives have already hired another firm. May the attorney send a letter to the surviving relatives? Yes, the attorney may send it to all of them at the current time The attorney must wait 30 days and may send it only to the relatives not known to be represented The attorney may send it to all of them, but must wait 30 days after the accident The attorney may send the letter now, but only to the individuals not known to have other representation

Yes, the attorney may send it to all of them at the current time

An attorney agreed to represent two clients in a personal injury suit. Both clients were injured when their car was struck by a city bus. One of the clients was driving, and the other was a passenger in the same car. After the attorney filed suit on their behalf against the city, the passenger client asked the attorney to also file a cross-claim against the driver. Both clients are willing to waive all conflicts of interest. Would the attorney violate the Rules of Professional Conduct if the attorney files a cross-claim? Yes, this conflict is non consentable because it involves "the assertion of a claim by one client against another client represented by the lawyer in the same litigation" Yes, unless the lawyer reasonably believes that he can competently and diligently represent both clients' interests No, unless the city is also willing to waive the conflict of interest No, as long as the clients properly give informed consent

Yes, this conflict is non consentable because it involves "the assertion of a claim by one client against another client represented by the lawyer in the same litigation"