MPRE

B. No, because there is no significant risk that his relationship with his sister will materially limit Alpha Law Firm's representation of the artist.

A brother and a sister attended law school together and were subsequently admitted to the bar in the same state. The brother was hired as an associate attorney by Alpha Law Firm, while the sister immediately formed Beta Law Firm as a full partner with two of her classmates. Soon thereafter, a corporate client retained the sister to bring a trademark violation claim against an artist. The sister accepted the representation and filed the corporate client's action against the artist. The artist then contacted Alpha Law Firm to seek representation to defend the action. The managing partner of Alpha Law Firm immediately agreed to represent the artist. The brother does not practice intellectual property law, and he would not be involved in the representation. Does the brother have a conflict of interest that is imputed to the managing partner of Alpha Law Firm with respect to the artist? A. No, because the brother is only an associate attorney with no supervisory or directorial control over the managing partner. B. No, because there is no significant risk that his relationship with his sister will materially limit Alpha Law Firm's representation of the artist. C. Yes, because the artist has not waived the conflict by informed consent, confirmed in writing. D. Yes, because the brother has a close familial relationship with the sister, who represents the corporate client.

D. No, because the owner had used the attorney's services in the sale of the business.

A business owner hired an attorney solely to prepare a contract for the sale of the business. Shortly after the sale was completed, the attorney learned from an employee of the business that the owner had falsified the business's records in order to make the business, which had been losing money for several years, appear profitable. When the attorney confronted the owner about the owner's actions, the owner acknowledged the fraud but refused to take any action. The attorney contacted the buyer of the business, who had used his retirement savings to purchase the business, and revealed the owner's fraud. Is the attorney subject to discipline for this revelation to the buyer of the business? A. Yes, because the attorney breached the duty of confidentiality the attorney owed to the owner. B. Yes, because disclosure was not necessary to prevent reasonably certain death or bodily harm. C. No, because the attorney did not learn of his client's fraud during the representation. D. No, because the owner had used the attorney's services in the sale of the business.

B. Yes, because the attorney failed to take reasonably practicable steps to protect the celebrity's interests.

A celebrity wanted to sue a magazine for publishing an article that the celebrity believed was defamatory. The celebrity met with an attorney, and the attorney determined that the celebrity's claim had merit. The attorney agreed to represent the celebrity and filed a lawsuit against the magazine on his behalf. The relationship between the celebrity and the attorney deteriorated during discovery, and one week before the celebrity was required to respond to requests for admission, the celebrity fired the attorney. The attorney submitted a motion to withdraw, which the court granted. However, the attorney wanted to teach the celebrity a lesson, so she decided to not respond to the requests for admission or ask the court to extend the deadline to respond. The celebrity, who did not know that he had an upcoming response deadline, hired a new lawyer the day before his response was due. However, since the new lawyer was unaware of the deadline and had not yet had time to review each document in the celebrity's file, he did not file a response, which resulted in each request being deemed admitted against the celebrity. Is the celebrity's original attorney subject to discipline for failing to respond to the requests for admission or request an extended deadline? A. Yes, because the attorney was not permitted to withdraw until the new lawyer was hired. B. Yes, because the attorney failed to take reasonably practicable steps to protect the celebrity's interests. C. No, because the attorney owed the celebrity no further duties after being fired. D. No, because the celebrity hired a new lawyer before the deadline to respond to the requests for admission expired.

D. Yes, because the hearing was an ex parte proceeding.

A client hired an attorney to represent her in a claim to recover damages for trademark infringement. The statute of limitations for the client's claim has expired, but the attorney believes there is a strong argument that a local statute of repose should apply to the action, which would make the claim timely. After properly filing a complaint, the attorney filed an application for a temporary restraining order to prevent the defendant from selling merchandise alleged to infringe on the client's trademark until the trial is concluded. To obtain a temporary restraining order in this jurisdiction, the plaintiff must prove that she is likely to succeed on the merits of the claim. At the ex parte hearing to decide whether the temporary restraining order will be granted, the attorney did not disclose that the statute of limitations for the client's claim has expired. The court denied the temporary restraining order on other grounds. Is the attorney subject to discipline? A. No, because the attorney had no duty to reveal facts unfavorable to the client. B. No, because the court denied the temporary restraining order on other grounds. C. Yes, because the attorney filed a complaint for a claim for which the statute of limitations has expired. D. Yes, because the hearing was an ex parte proceeding.

C. Yes, because the client directed the attorney to accept the settlement offer.

A client retained an attorney to recover for a personal injury. In the retainer agreement signed by the client and the attorney, the client agreed to cooperate fully and pay the attorney a contingent fee computed as a percentage of the amount of recovery after expenses: 25 percent if settled before trial, 30 percent of settled before verdict, 35 percent after verdict, and 40 percent after appeal. The attorney's representation of the client in the matter extended over a three-year period during which the attorney advanced a large amount for litigation expenses. After trial, the client obtained a jury verdict for an amount larger than either the attorney or the client had anticipated. However, the defendant filed an appeal based on questions of evidence and the measure of damages. Meanwhile, the defendant made an offer of settlement for approximately the amount the attorney had originally projected as reasonable to expect. The client, who was hard pressed financially, directed the attorney to accept the offer and settle. The attorney refused, because she was confident that there was no reversible error in the trial and that the appeal was without merit. The attorney reasonably believed that the appeal was filed solely to gain negotiating advantage in settlement negotiations. Is the attorney subject to discipline? A. No, because the decision whether to settle or defend an appeal is a tactical matter for the attorney to determine. B. Yes, because the attorney's percentage under the fee contract increased after appeal. C. Yes, because the client directed the attorney to accept the settlement offer. D. No, because evaluation of the merits of an appeal requires the exercise of independent professional judgment.

D. Deciding to accept the settlement offer.

A client retained an attorney to represent him in a civil case. In their initial meeting, the client told the attorney that he wanted to be as hands-off with the case as possible. During the litigation, the attorney planned her trial strategy without input from her client. As part of her trial strategy, the attorney decided on a theory of the case, a list of witnesses to call to testify, and which questions she would ask on direct and cross-examination. Halfway through the trial, the opposing counsel made a settlement offer to the attorney. Knowing that her client did not want to be actively involved in the case, the attorney accepted the offer without consulting her client. For which decision is the attorney most likely to be subject to discipline? A. Deciding on a theory of the case. B. Deciding who to call to testify as a witness. C. Deciding which questions to ask on direct and cross-examination. D. Deciding to accept the settlement offer.

B. Yes, because the attorney transferred funds for unearned fees to the general office account.

A client telephoned an attorney who had previously represented him. The client described a problem on which he needed advice and made an appointment for the following week to discuss the matter with the attorney. Prior to the appointment, the attorney performed five hours of preliminary research on the client's problem. At the end of the appointment the client agreed that the attorney should pursue the matter and agreed to a fee of $100 per hour. The client then gave the attorney a check for $5,000 to cover the five hours already worked and as an advance in additional fees and expenses. The attorney gave the check to the office bookkeeper with directions to deposit the check into the client trust account and immediately transfer $3,000 to the general office account to cover the five hours of research already conducted plus the 25 additional hours she would spend on the matter the following week. At that time, the attorney reasonably believed that she would spend 25 additional hours on the case. The bookkeeper followed these directions. The next week, the attorney worked diligently on the matter for 23 hours. Reasonably believing that no significant work remained to be done on the matter, the attorney directed the bookkeeper to transfer $200 from the general office account to the client trust account. The attorney then called the client and made an appointment to discuss the status of the matter. Is the attorney subject to discipline? A. Yes, because the attorney accepted legal fees in advance of performing the work. B. Yes, because the attorney transferred funds for unearned fees to the general office account. C. No, because the attorney transferred the $200 owed to the client from the general office account to the client trust account. D. No, because the attorney reasonably believed that she would spend 25 additional hours on the case.

B. Yes, because the new client's interests are materially adverse to the interests of the corporate client.

A corporate client retained an attorney to advise the corporate client on its employment policies and draft the corporate client's employee handbook. After successfully drafting the employee handbook, the attorney sent a closing letter informing the corporate client that the matter had been resolved and terminating their client-lawyer relationship. Ten years later, the attorney interviewed a new client. During the interview, the attorney learned that the new client was an employee of the attorney's former corporate client and wanted to sue the former client regarding its employment policies and handbook. The attorney accepted representation of the new client. Would the attorney's representation of the new client subject the attorney to discipline? A. Yes, because a lawyer may not represent a client whose interests are adverse to a former client under any circumstances. B. Yes, because the new client's interests are materially adverse to the interests of the corporate client. C. No, because the corporate client was given adequate notice that its client-lawyer relationship with the attorney had been terminated. D. No, because the attorney's prior representation of the corporate client occurred ten years ago.

Yes, because both the bank and the corporation have given informed consent.

A corporation has applied to a bank for a loan to be secured by a lien on the corporation's inventory. The inventory constantly turns over. The security documents are complex and if improperly drawn they could result in an invalid lien. The bank has approved the loan on the condition that the corporation and the bank jointly retain an attorney to prepare the necessary documents and that the corporation pay the attorney's fees. Both the corporation and the bank gave informed consent in writing to the attorney's representation of both parties. It is obvious to the attorney that he can adequately represent the interests of both the corporation and the bank. This arrangement is customary in the community where the bank does business. Is it property for the attorney to prepare the security documents under these circumstances? No, because the corporation and the bank have differing interests. Yes because the arrangement is customary in the community No because the attorney's fees are being paid by the corporation and not the bank Yes, because both the bank and the corporation have given informed consent.

A. Yes, because the prosecutor determined that the anonymous tip was exculpatory information.

A defendant is charged with robbery. A police officer received an anonymous tip that a specific individual other than the defendant committed the robbery. The police officer investigated the information but concluded that the other individual did not commit the robbery. The police officer conveyed this information to the prosecutor. Due to the existence of other evidence that linked the defendant to the robbery, the prosecutor concluded in good faith that the tip, while exculpatory, was not material, and therefore she did not have a constitutional duty to turn the information over to the defense. Consequently, the prosecutor did not reveal the tip to the defendant's lawyer, who failed to make a Brady request for exculpatory evidence. State criminal procedure discovery rules did not require the prosecutor to disclose the anonymous tip. Is the prosecutor subject to discipline for her failure to inform the defense of the anonymous tip? A. Yes, because the prosecutor determined that the anonymous tip was exculpatory information. B. Yes, because a prosecutor has a duty to search for exculpatory information. C. No, because the defendant's lawyer did not make a Brady request for exculpatory evidence. D. No, because the prosecutor acted in good faith in determining that the anonymous tip did not have to be turned over to the defense.

C. Yes, for failing to correct the allegations in her motion for expungement.

A defense attorney represented a criminal defendant who, after being convicted of a drug-related offense, received a suspended prison sentence. The sentence provided that if the defendant attended his treatment sessions and abstained from any use of alcohol or drugs for a year, the conviction would be expunged from the defendant's record. However, if the defendant failed to meet these conditions, the suspended prison sentence would take effect. At the end of this year, the defense attorney moved to have the conviction expunged, alleging in the motion that the defendant had met all the necessary conditions. The subsequent hearing on the motion was attended by the prosecutor, defense attorney, and defendant. At the hearing, the judge said, "Well, I understand that the defendant has met the conditions of the sentence, so unless the prosecutor can establish otherwise, I will expunge the conviction." The prosecutor admitted that she had no evidence that the defendant had violated the applicable conditions. The defense attorney, who had learned after filing her motion that the defendant regularly missed his treatment sessions and drank alcohol, said nothing. Is the defense attorney subject to discipline for failing to disclose to the court that the defendant has violated the conditions for expungement? A. No, because the defense attorney was not authorized to disclose this information. B. No, because the hearing was not an ex parte proceeding. C. Yes, for failing to correct the allegations in her motion for expungement. D. Yes, if the defense attorney reasonably believed that disclosure was necessary to prevent fraud.

B. The attorney honestly believes that the father is so repugnant that his ability to represent the father would be impaired.

A family court judge appointed an attorney to represent an indigent father in an action brought by a state agency to terminate the father's parental rights with respect to his only child. Until recently, the attorney was employed as a lawyer by the same state agency to collect court-ordered child support. This agency did attempt unsuccessfully to collect child support from the father, although the attorney was not personally involved in this attempt. Due to his employment with the agency, the attorney has personal knowledge of the father and honestly believes him to be so repugnant that the attorney's ability to represent the father would be impaired. He also believes that it is in the best interests of the child for the father's parental rights to be terminated. Additionally, since the father is notorious in the community where the attorney practices, the attorney fears that representation of the father could have an adverse effect on the attorney's ability to attract clients. Which of the following grounds is most likely a proper basis for the attorney to decline the appointment? A. The attorney was employed until recently as a lawyer by a state agency that attempted to collect child support from his court-appointed client. B. The attorney honestly believes that the father is so repugnant that his ability to represent the father would be impaired. C. The attorney believes that it is in the best interests of the child for the father's parental rights to be terminated. D. The attorney fears that representation of the father could have an adverse effect on the attorney's ability to attract clients.

D. Yes, because the attorney should have distributed $15,000 to the lender.

A homeowner retained the services of an attorney to resolve a real estate dispute with a buyer over the purchase of her home. The attorney successfully resolved the dispute, and the buyer was ordered to pay $800,000 for the home. The attorney deposited the amount into a client trust account for the homeowner and informed the homeowner that he would disburse the entire amount to her after he deducted his fees and expenses. However, the homeowner had failed to pay her mortgage for a few months, and her lender had a valid creditor's lien on the home for the outstanding amount of $30,000. The lender contacted the attorney after he deposited the funds into the trust account and demanded payment. After the attorney verified that the lien was valid, he informed the homeowner that he would be disbursing $30,000 to the lender to satisfy the lien. The homeowner disputed the amount of the lien, claiming that she was in default only for $15,000. The attorney subsequently disbursed $770,000 to the homeowner and left the remaining $30,000 in the trust account until the dispute could be resolved. Is the attorney subject to discipline? A. No, because the attorney distributed $770,000 to the homeowner. B. No, because the attorney left the disputed funds in the trust account. C. Yes, because the attorney should have distributed the entire amount in the trust account to the homeowner. D. Yes, because the attorney should have distributed $15,000 to the lender.

No, because the representation involves the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal

A husband and wife decide to divorce and reach an agreement to share the same lawyer in hopes of saving money. They hire an attorney to represent each of them in Family Court for the dissolution of marriage. The attorney explains that there is an obvious conflict of interest here, but the husband and wife insist, and sign informed consent forms waiving the conflict and their rights to assert any future claims related to the conflict. The husband and wife have no children, and they have always kept separate bank accounts. Each purchased their own car from the money in their own bank account and each car's title is in only one name. They live in an apartment whose lease is expiring soon, so there is no real property to divide. Would it be proper for the attorney to represent both in the divorce? No, because the representation involves the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal Yes, because both clients consented in writing, the dual representation does not violate law, and the attorney could have a reasonable belief that he will be able to provide competent and diligent representation to each affected client Yes, because it appears on these facts that there will be no assets in dispute at all, so the theoretical conflict of interest would have no bearing on their case. No, because contingent fees are not permissible in divorce cases, and the husband and wife's sole motivation in sharing a lawyer was to save money.

D. Yes, because the court denied the attorney permission to withdraw from the case.

A judge hearing a divorce case appointed an attorney to represent the couple's 12-year-old child. Under state law, the attorney will be compensated by one or both parents at the court's discretion. The child told the attorney that she planned to falsely accuse her father of sexual abuse at the behest of her mother. Although the attorney counseled the child not to make the accusation, the child insisted that she intended to do so. As a result of the attorney's advice, the child indicated that she no longer trusted the attorney and wanted the court to appoint another attorney. Disgusted by the child's stated course of action, the attorney sought the judge's permission to withdraw. Both parents object, and the court refuses such permission. Must the attorney continue to serve as the child's attorney? A. No, because a client has the absolute right to discharge an attorney. B. No, because the attorney finds the child's course of action repugnant. C. Yes, because the child's parents object to the attorney's withdrawal. D. Yes, because the court denied the attorney permission to withdraw from the case.

C. Yes, because the associate's participation in the representation of the residents clearly constituted a conflict of interest.

A law firm represented residents who were opposed to the rezoning of a nearby undeveloped parcel of land from rural to retail. A newly hired associate was assigned to work on the case. The associate had previously worked for another law firm, where she had participated in the representation of the landowner in securing the environmental permits necessary for the commercial development of the parcel. The associate approached her supervising partner and told the partner that she believed accepting the assignment violated the conflict-of-interest rules. However, the partner concluded that there was no conflict of interest and that, consequently, the consent of the landowner was not required and the associate could work on the residents' case. When the landowner learned that the associate was working with the residents, he notified the appropriate disciplinary authority. The partner was subsequently disciplined for a clear violation of the conflict-of-interest rules. Is the associate also subject to discipline? A. No, because the associate was acting at the direction of her supervisor. B. No, because the associate acted in accordance with the partner's resolution of a question of professional duty. C. Yes, because the associate's participation in the representation of the residents clearly constituted a conflict of interest. D. Yes, because the associate took actions that she believed violated a professional duty.

C. Yes, because no individual plaintiff knew the amount to be received by any other plaintiff.

A lawyer represented eight plaintiffs who suffered injuries from defective surgical instruments in a products-liability action against the manufacturer of the instruments. The manufacturer first offered the lawyer a $7,000,000 aggregate settlement for the eight plaintiffs. Because the plaintiffs had previously instructed the lawyer that they would not accept anything less than $8,000,000, the lawyer immediately refused the settlement offer. The manufacturer then replied with eight separate settlement offers. Although the aggregate total of the offers was $8,000,000, the amounts offered to each plaintiff varied and depended on the nature and extent of that plaintiff's injuries. Some of the offers were even less than a plaintiff would have received had there been an equal division of the $7,000,000 aggregate settlement. The manufacturer stated that each settlement offer was conditioned on the acceptance of its offers by at least six of the plaintiffs. The lawyer, reasonably believing the settlements were fair to each plaintiff, told each plaintiff the amount he or she would receive and the basis on which that amount was calculated. Because the lawyer was concerned that the plaintiffs would reject their offers and jeopardize the settlement if they knew that the amounts were unequal, she did not tell any plaintiff the amount to be received by any other plaintiff. Each of the plaintiffs agreed to his or her settlement amount and was satisfied with that amount. Is the lawyer subject to discipline? A. No, because each plaintiff agreed to his or her settlement and the lawyer reasonably believed that the settlements were fair. B. No, because the lawyer disclosed to each plaintiff the amount he or she would receive and the basis on which that amount was calculated. C. Yes, because no individual plaintiff knew the amount to be received by any other plaintiff. D. Yes, because the lawyer failed to relay the first settlement offer to her clients.

A. Yes, because the judge allowed the assistant to make a false statement about the prosecutor.

A longtime judge was running for reelection against a prosecutor seeking the position for the first time. During his campaign, the prosecutor released a statement falsely accusing the judge of accepting bribes. In response, the judge released a public statement denying the prosecutor's allegations and opposing the prosecutor's campaign. The judge's assistant, a member of the judge's court staff, also released a statement falsely claiming that the prosecutor disproportionately chose to prosecute defendants from a specific racial demographic. The judge was aware that the assistant was going to release the statement and that it was untrue, but she did not stop the assistant from releasing the statement. Is the judge subject to discipline under the Model Code of Judicial Conduct? A. Yes, because the judge allowed the assistant to make a false statement about the prosecutor. B. Yes, because a judge must not publicly oppose a candidate for any political office. C. No, because the judge was responding to the prosecutor's false allegations. D. No, because the judge did not make any false or misleading statements.

D. Yes, because the attorney's physical condition would materially impair her ability to represent the man.

A man intended to sue a large pharmaceutical company for damages caused by an adverse reaction to the company's medication. The man contacted an experienced products liability attorney, who agreed to meet with him for an initial consultation. During the meeting, the attorney stated that if she agreed to represent him, the scope of the representation would be limited to the man's products liability claim against the pharmaceutical company. The man agreed to this limitation. The attorney knew that she had the proper experience and knowledge to competently represent the man. However, the attorney had been suffering from health problems recently, and she knew that her poor physical condition would materially impair her ability to competently represent the man in a timely manner during the litigation process. Regardless, the attorney called the man after their meeting ended and agreed to represent him in his products liability claim against the company. Is the attorney subject to discipline? A. No, because no written agreement established an attorney-client relationship between the attorney and the man. B. No, because the attorney had adequate experience and knowledge to competently represent the man. C. Yes, because the attorney limited the scope of the representation. D. Yes, because the attorney's physical condition would materially impair her ability to represent the man.

A. Yes, because the judge dismissed the indictment based on her personal disapproval of the applicable law.

A new judge began hearing criminal cases at the start of her term. In one of her first cases, the defendant was charged with possession of a small amount of marijuana. The judge had a long career in criminal defense and criminal justice reform, and one of the areas in which she had sought legal changes in her jurisdiction had been in the prosecution of drug possession cases. The judge believed in good faith that prosecutions for possessions of small amounts of marijuana harm the integrity of the judiciary, so she dismissed the indictment against the defendant sua sponte. Is the judge subject to discipline? A. Yes, because the judge dismissed the indictment based on her personal disapproval of the applicable law. B. Yes, because the judge was required to recuse herself from all criminal cases due to her background as a criminal defense attorney. C. No, because the judge was acting on her good-faith beliefs. D. No, because the judge had a duty to uphold and promote the integrity of the judiciary.

B. No, because the witness's statement is not clear and convincing exculpatory evidence.

A newly admitted prosecutor was prosecuting an individual for burglary. To further investigate the matter, the prosecutor interviewed a witness to the burglary. During the interview, the witness, who was newly released from prison, told the prosecutor that her cellmate in prison had confessed to murdering her husband with cyanide. Upon further inquiry, the prosecutor learned that the cellmate's husband had been poisoned three years ago and that his coworker had been convicted of the murder within the prosecutor's jurisdiction. The coworker had confessed to the crime, though his confession had been vague. The prosecutor does not believe that the witness's statement is clear and convincing exculpatory evidence for the coworker. However, the prosecutor does believe that the witness's statement creates at least a reasonable likelihood that the coworker was wrongly convicted. The coworker was convicted two years before the prosecutor was admitted to practice. Do the ethical rules require the prosecutor to seek to remedy the coworker's conviction? A. No, because the prosecutor was not involved with obtaining the conviction. B. No, because the witness's statement is not clear and convincing exculpatory evidence. C. Yes, because the coworker was convicted of the murder within the prosecutor's jurisdiction. D. Yes, because the evidence creates a reasonable likelihood that the coworker was wrongly convicted.

C. Yes, because the attorney comingled the client's funds with his own funds.

A newly licensed attorney decided to start offering legal services as a sole practitioner. The attorney filed the appropriate documentation to register his sole proprietorship with the state, rented office space, and opened a business account containing funds for office rental expenses. The attorney also developed a reasonable hourly fee structure and submitted an application to open a client trust account. Shortly thereafter, a client visited the attorney's office seeking representation in a pending real estate transaction. The attorney had no preprinted representation agreements in his new office, so he orally explained his hourly fees to the client. The client accepted the attorney's terms and paid the attorney an advance of $5,000. The attorney deposited the advance into his business account later that day. When the attorney's client trust account opened three days later, the attorney transferred the advance into the client trust account. As the attorney performed legal work for the client, he transferred the agreed-upon hourly fee from the client trust account back into the business account. Is the attorney subject to discipline? A. No, because the attorney withdrew the agreed-upon hourly fee from the client trust account as fees were earned. B. No, because a sole practitioner does not constitute a law firm under the Model Rules. C. Yes, because the attorney comingled the client's funds with his own funds. D. Yes, because the attorney failed to provide the client with a written disclosure of his fees.

A. Yes, because the attorney failed to make reasonable efforts to ensure that the paralegal complied with the rules of professional responsibility.

A paralegal started working at a law firm that specializes in high-profile divorce cases, and a partner at the firm assigned an attorney at the firm to directly supervise the paralegal's work. Based on the paralegal's past work experience, the attorney assumed that the paralegal understood the applicable rules of professional responsibility. Therefore, the attorney did not train the paralegal regarding the rules of professional conduct. One day, a celebrity came into the office to meet with the attorney. At their meeting, the celebrity explained that she was considering divorcing her husband because she recently discovered that he was having an affair. She also wanted to know whether his infidelity would impact their premarital agreement. The firm accepted the representation, and the attorney assigned the paralegal several tasks regarding the matter. That night, the paralegal went to a bar with his friends and told them about the meeting with the celebrity and her discovery of her husband's affair. Two days later, the fact that the celebrity had met with a divorce lawyer to discuss her husband's infidelity was on the front page of several tabloid newspapers. Is the attorney subject to discipline for the paralegal's disclosure of confidential client information? A. Yes, because the attorney failed to make reasonable efforts to ensure that the paralegal complied with the rules of professional responsibility. B. Yes, because the attorney and the paralegal are employed by the same law firm. C. No, because the paralegal is not a lawyer. D. No, because the attorney did not know of or ratify the paralegal's misconduct.

C. Yes, because the statement "No fee unless I collect for you" is misleading since it does not state that a client is liable for court costs and litigation expenses.

A personal injury attorney erected a giant billboard on a major thoroughfare to seek new clients. The billboard states, "No fee unless I collect for you!" After seeing the billboard, a woman injured in a car accident met with the attorney to discuss hiring him to sue the other driver in the accident. At the initial consultation with the woman, the attorney explained his usual contingent-fee arrangement and how a client is not charged attorney's fees unless the jury returns a favorable verdict for the client. The attorney then presented the woman with a written contingent-fee agreement that included details about how the fee and deductions for expenses would be calculated. The agreement also explicitly stated that the client would be responsible for court costs and litigation expenses. The attorney accurately explained the terms of the contingent-fee agreement to the woman, who then signed the agreement. Is the attorney subject to discipline? A. No, because the attorney met all the requirements for a valid contingent-fee agreement. B. No, because the contingent-fee agreement states that the client is responsible for court costs and litigation expenses. C. Yes, because the statement "No fee unless I collect for you" is misleading since it does not state that a client is liable for court costs and litigation expenses. D. Yes, because the woman relied on the billboard when she decided to hire the attorney.

B. Yes, because of the judge's familial relationship with the material witness.

A plaintiff filed a personal injury complaint, and the case was assigned to a judge. After the defendant was served, a partner from a large law firm filed an appearance on behalf of the defendant. The judge's niece was a salaried associate in the estate-planning department of the law firm representing the defendant. At the initial scheduling conference, the judge disclosed this relationship to the parties. Subsequently, the judge also disclosed that a person listed by the plaintiff as a material witness was his wife's nephew. Neither the niece nor the nephew resided in the judge's household. Neither party moved to disqualify the judge. Other than the disclosures made by the judge, there were no grounds upon which the judge's impartiality could be reasonably questioned. Should the judge disqualify himself from presiding over this action? A. Yes, because of the judge's relationship with a member of the law firm representing the defendant. B. Yes, because of the judge's familial relationship with the material witness. C. No, because neither party moved to disqualify the judge. D. No, because neither the niece nor the nephew was a member of the judge's household.

A. No, because the Model Rules do not require lawyers to provide pro bono legal services.

A potential client met with a well-known insurance lawyer about a problem with the potential client's health insurance policy. After the lawyer determined that he was interested in taking the case and was not disqualified by any conflict of interest, the lawyer informed the potential client about his standard hourly fee. The potential client informed the lawyer that she could not afford the hourly fee and asked if the lawyer could take on her case for free. The lawyer responded that he did not offer pro bono services and gave her a list of lawyers whom he knew took on pro bono insurance cases. Is the insurance lawyer subject to discipline under the Model Rules? A. No, because the Model Rules do not require lawyers to provide pro bono legal services. B. No, because the insurance lawyer offered the potential client a list of more suitable lawyers. C. Yes, because the insurance lawyer is required to provide 50 hours of free legal services each year. D. Yes, because the insurance lawyer was interested in the case and was not disqualified from the representation.

D. Yes, because the realtor receives a fee for each coupon that is redeemed with the attorney.

A properly licensed professional realtor created a printed and bound pamphlet titled "Realtor Recommendations: Best In Town" that contained coupons and other special offers from various services and businesses in town. She distributed these pamphlets at all of her open house events and to all of her clients who bought homes in the area as an introductory guide and incentive to visit the businesses in the area. Each coupon included a clear disclaimer that the businesses represented in the pamphlet had paid a flat fee for inclusion in the pamphlet and that the realtor receives a reasonable fee from each business for each redeemed coupon. The realtor's agreement with the businesses represented in her pamphlet allowed her to reprint the pamphlet indefinitely until a business cancelled its contract. The services represented in the pamphlet included several real estate lawyers, including a recently licensed attorney. Is the recently licensed attorney subject to discipline regarding the coupons in the pamphlet? A. No, because the arrangement is fully disclosed and is not exclusive. B. No, because the realtor is a properly licensed professional. C. Yes, because the arrangement with the realtor is not reciprocal. D. Yes, because the realtor receives a fee for each coupon that is redeemed with the attorney.

D. Boutique Firm cannot represent the defendant in the case because an attorney there learned confidential information from the opposing party as a prospective client during an initial consultation two months ago, unless Boutique Firm obtains informed consent in writing from both the defendant and the opposing party, who was a prospective client during a one-time consultation.

A prospective client met with an attorney at Boutique Firm for an initial consultation about a personal injury lawsuit over injuries the prospective client had sustained. The attorney declined the representation because he thought the client's case was unwinnable and would therefore generate no fees. During the consultation, the attorney asked some probing questions about the incident, and the client admitted facts indicating an unreasonable assumption of foreseeable risks beforehand, as well as the client's own intoxication at the time, which in the case would constitute contributory negligence. Furthermore, the client had failed to take obvious measures afterward to mitigate the damages. The attorney was certain that all these unfavorable facts would come out during discovery, and the client's claim would become laughable at trial. Two months later, another client came in for a consultation with another lawyer at Boutique Firm. This prospective client had received service of process in a new personal injury lawsuit, and he was the named defendant. The plaintiff in the lawsuit was the same individual who had met with the first attorney for a consultation a few weeks before. Boutique firm agreed to take the case and represent the defendant in the litigation, and it has no measures in place to screen the attorney who consulted with the prospective client from participating in the matter. Which of the following is true, according to the MRPC? A. The other lawyer at Boutique Firm can represent the defendant in the matter if the first attorney has not disclosed any confidential information to others in the firm, and he does not in fact disclose any confidential information the attorney learned during the consultation. B. Either the attorney or the other lawyer at Boutique Firm can represent the defendant, because the plaintiff was never a client of the firm, but merely came in for an initial consultation, at the end of which the attorney immediately declined representation. C. Either the attorney or the other lawyer at Boutique Firm can represent the defendant because the unfavorable information the client shared during the consultation, though confidential at the time, will inevitably come out

C. Yes, because the attorney did not keep the developer reasonably informed about the status of the purchase.

A real estate developer hired an attorney to negotiate a building purchase. The developer authorized the attorney in advance to put in a maximum offer of $3 million for the building, but the developer did not put this authorization in writing. When the developer gave the attorney the advance authorization, the price of the building was $3.2 million. Two weeks later, some wiring problems were discovered in the building that brought the value of the building down to $3.1 million. However, the attorney did not communicate this new information to the developer or speak with the developer for another two weeks. Three weeks after the wiring problems were discovered, the attorney placed an offer of $3 million without consulting the developer, and the offer was accepted. Is the attorney subject to discipline? A. No, because the attorney did not need to consult with the developer before making the offer since there had not been a material change in the price of the building. B. No, because the asking price was above the developer's maximum offer. C. Yes, because the attorney did not keep the developer reasonably informed about the status of the purchase. D. Yes, because the developer's advanced authorization was not in writing.

A. No, because the social worker was authorized to provide limited law-related services for her clients.

A recently licensed social worker discovered evidence that one of her clients was being physically abused by a family member. The social worker wanted to help the client seek a protective order. She called her friend, a lawyer, and asked for advice regarding what types of protective orders may be available. The lawyer explained the various types of protective orders available. The lawyer also advised the social worker that the quickest option would be for the client to petition for a temporary restraining order. Subsequently, the social worker assisted her client in locating and completing the legal forms needed to petition for a temporary restraining order. The jurisdiction in question permits licensed social workers to provide limited law-related services, including helping their clients fill out legal forms. Is the lawyer subject to discipline? A. No, because the social worker was authorized to provide limited law-related services for her clients. B. No, because the lawyer is subject only to civil or criminal penalties for helping the social worker to practice law. C. Yes, because the lawyer assisted a nonlawyer in the unauthorized practice of law. D. Yes, because the lawyer did not adequately supervise the social worker.

D. Yes, because the practitioner failed to investigate the data storage company's security measures.

A sole practitioner who was recently admitted to practice law entered into a contract with a data storage company as an independent contractor to store digital records of her client files and billing records. The practitioner was unfamiliar with computer security, so she took no steps to investigate or supervise the company's security procedures and safeguards against unauthorized access. Due to the negligence of the data storage company, the company's files were hacked, and many of the practitioner's client files containing sensitive and personal identifiable information were accessed by third parties. As a result of the data breach, two of the practitioner's clients had their bank accounts drained. Is the sole practitioner subject to liability for the data breach? A. No, because the practitioner had implied authority to disclose information to the data storage company. B. No, because the practitioner had no specialized expertise in computer security. C. Yes, because the practitioner is vicariously liable for the negligence of the data storage company. D. Yes, because the practitioner failed to investigate the data storage company's security measures.

D. Yes, because there was an unanticipated change in circumstances.

A solo practitioner entered into a fee agreement with a client to represent him in a straightforward battery claim against a defendant. The practitioner and the client agreed that the client would pay him a fixed fee of $10,000 to litigate the case. Shortly after the practitioner filed the complaint, the defendant unexpectedly filed multiple counterclaims against the client for negligence, false imprisonment, and intentional infliction of emotional distress. Due to the complexity and nature of the counterclaims, the practitioner's workload on the client's case almost doubled, and the practitioner was forced to decline to represent multiple new clients. For these reasons, the practitioner modified the agreement and raised the fixed fee to $18,000, which represented the fees charged for similar services in the area. The practitioner informed the client of the fee increase over the phone, and the client accepted the change. Is this modification of the fee agreement enforceable? A. No, because the modification resulted in a significant increase in the practitioner's compensation. B. No, because the modification was not communicated in writing. C. Yes, because any fee agreement that is modified with the client's consent is enforceable against the client. D. Yes, because there was an unanticipated change in circumstances.

A. No, because the stock clerk was a warehouse employee.

A stock clerk employed at a warehouse witnessed, but was otherwise not involved in, an accident between a truck and a car. The accident occurred while the driver of the truck was backing into the loading dock at the warehouse. The driver of the car sued the corporate owner of the warehouse and the truck driver, who was also an employee of the corporation, alleging that the truck driver's negligence was the cause of the accident. The attorney hired to represent the corporation in this lawsuit learned that the stock clerk had witnessed the accident, and he interviewed the stock clerk. The stock clerk's version of the accident did not correspond with the truck driver's version, and in several details, it supported the car driver's explanation of the event. The attorney told the stock clerk not to discuss the accident with anyone, particularly the driver of the car and his attorney unless contacted by them. Is the attorney subject to discipline for giving the stock clerk this instruction? A. No, because the stock clerk was a warehouse employee. B. No, because the attorney did not represent the stock clerk. C. Yes, because a lawyer must not obstruct another party's access to evidence. D. Yes, because a lawyer owes a duty of candor.

A. Yes, because the agreement is causing the attorney to assist the company in the practice of law.

A title company and a real estate attorney enter into a contract. The company allows the attorney free use of an office in its main office building. The company permits the attorney to use the office for his private practice under two conditions. First, while using the office, the attorney may not represent any clients that present a conflict of interest to the company. Second, the attorney would assist with work relating to the company's clients for free. If a company's client needs legal work with respect to a deed or contract, the company's non-lawyer employee would assist that client, and determine if the client needed any legal documents. The employee would tell the client that the company's staff would develop the appropriate document or documents and later present them to the client for signature. Pursuant to the employee's written instruction regarding the needed documents, the attorney would develop the documents and do all related legal work. The attorney neither met with the company's clients, not billed them for his work. Will the attorney be subject to discipline? A. Yes, because the agreement is causing the attorney to assist the company in the practice of law. B. No, because the attorney does not charge the company's clients for his work. C. No, because the attorney is not advising the company's clients directly. D. Yes, because the agreement is restricting the attorney's right to practice law.

A. No, because the attorney did not believe in the truthfulness of the statement.

A toy manufacturer was sued by a plaintiff whose child was injured by one of the manufacturer's products. As the manufacturer's attorney was preparing to respond to a discovery request from the plaintiff, the attorney found a document that was very damaging to the manufacturer's case. Prior to complying with the discovery request and turning over the document, the attorney called the opposing counsel and offered to settle the case. The attorney stated that although he believed the manufacturer was very likely to win a summary-judgment motion, they would settle the case for a modest amount to save the costs of litigation. In fact, the attorney believed that the manufacturer had little chance of winning a summary-judgment motion and was also likely to lose at trial based on the document he had found. The opposing counsel declined the attorney's offer to settle. The attorney timely complied with the discovery request and turned over the document. The case proceeded to trial, where judgment was awarded to the plaintiff. Was the attorney's statement to the opposing counsel proper? A. No, because the attorney did not believe in the truthfulness of the statement. B. No, because the attorney owed a duty of candor to the opposing counsel. C. Yes, because the attorney's statement did not constitute a statement of fact. D. Yes, because the opposing counsel did not accept the attorney's offer.

C. Yes, because the woman had the sole decision-making authority to accept or decline the plea deal.

A woman was charged with felony distribution of a controlled substance, an offense that carries a 10-to-20-year sentence. The court appointed an attorney to represent the woman because she could not afford to hire her own lawyer. The attorney had a telephone conversation with the prosecutor, and the prosecutor offered the woman a plea deal to downgrade her offense to felony possession of a controlled substance, which only carries a 2-to-5-year sentence. The attorney informed the woman of the prosecutor's offer and advised her that the plea deal was very favorable to her. However, the woman refused to take the deal, as she preferred to take her chances in front of the jury. The attorney, who had a good-faith belief that the woman would eventually appreciate his acting on her behalf, called the prosecutor and told her that the woman would plead guilty to the charge of felony possession. Is the attorney subject to discipline? A. No, because he had a good-faith belief that the woman would appreciate his accepting the plea deal for a lesser sentence. B. No, because the plea deal was favorable for the woman. C. Yes, because the woman had the sole decision-making authority to accept or decline the plea deal. D. Yes, because the attorney did not give the woman notice that he would accept the plea deal.

A. No, because the attorney achieved competence through reasonable preparation.

A young attorney wanted to gain more experience, so he signed up for his local bar association's legal aid network. The legal aid network asked if the attorney would represent a woman seeking estate-planning assistance. The attorney agreed. The attorney met with the woman for an initial interview and explained to her that although he had no prior experience in estate planning, he was confident that he could competently represent her interests. The attorney then offered to represent the woman on a pro bono basis, and the woman accepted. After his initial interview with the woman, the attorney researched his jurisdiction's laws regarding the drafting of estate plans and obtained advice and some exemplar estate documents from a mentor attorney. The attorney also made himself a checklist to follow during his next meeting with the woman and while drafting the estate documents. Aided by this preparation, the attorney was able to fully advise the woman about her estate plan and draft a valid will that accurately reflected the woman's intended disposition of her estate. Is the attorney subject to discipline? A. No, because the attorney achieved competence through reasonable preparation. B. No, because the attorney disclosed his lack of experience and offered to represent the woman on a pro bono basis. C. Yes, because the attorney agreed to represent the woman despite lacking the necessary experience. D. Yes, because the representation did not arise out of an emergency.

A. No, because the attorney avoided assisting the accountant in her criminal conduct and withdrew from representing her.

An accountant retained the services of a criminal attorney for legal advice. The accountant admitted that she had embezzled funds from her employer for the past two years. She expressed concern about the legal ramifications of her actions. In addition, she told the attorney that she was still embezzling funds from the company. The attorney described to the accountant the criminal charges that she was facing, explained the law to her, and advised her about her legal options. The attorney subsequently withdrew from representing the accountant. Is the attorney subject to discipline? A. No, because the attorney avoided assisting the accountant in her criminal conduct and withdrew from representing her. B. No, because the attorney did not embezzle the company's funds. C. Yes, because the attorney knew that the accountant's criminal embezzlement had already begun and was continuing. D. Yes, because the attorney withdrew from representing the accountant.

B. Yes, because there is a significant risk of the managing partner's relationship to the opposing party materially limiting the associate's representation of the property owner.

An associate in a small law firm represented a property owner in a suit against the former owner, a corporation, for fraud with regard to the sale of the property. The associate has learned that the largest shareholder of a subsidiary of the corporation is the managing partner of the law firm. If the property owner is successful in the action, the corporation and its subsidiary would be crippled financially, and the managing partner would likely see a significant decline in the value of his stock, which represents a substantial portion of the managing partner's retirement portfolio. Must the associate share with the property owner the information regarding the managing partner's relationship to the corporation and seek the property owner's consent in order to continue representing him? A. Yes, because a personal disqualification of a member of a firm is imputed to all other members of the firm. B. Yes, because there is a significant risk of the managing partner's relationship to the opposing party materially limiting the associate's representation of the property owner. C. No, because the associate, not the managing partner, is representing the property owner. D. No, because the associate's duty of confidentiality prevents him from disclosing information about the partner's involvement in the corporation.

C. Yes, because the partner timely notified the father and the court in writing of her representation of the mother, and the firm properly dealt with the attorney who had acted as a mediator.

An attorney acting as a mediator in a child-custody dispute properly explained his role to each of the parents involved in the dispute, how that role differed from that of a lawyer for a litigant, and that the lawyer-client privilege did not apply. Through the attorney's mediation efforts, the parents settled their dispute and came to a custody agreement that was approved by the court. Subsequently, the mother, wanting to modify the terms of the custody agreement, employed a partner at the attorney's law firm to handle the matter. The partner immediately gave written notice to the father and to the court of her employment by the mother, but she did not seek the approval of either. The attorney who had served as a mediator was timely screened from participation in the matter and did not receive any part of the fee from this representation. Is the partner's representation of the mother proper? A. No, because the father did not give his written consent for the partner to represent the mother. B. No, because another member of the partner's firm had served as mediator with regard to the same matter. C. Yes, because the partner timely notified the father and the court in writing of her representation of the mother, and the firm properly dealt with the attorney who had acted as a mediator. D. Yes, because the attorney who acted as a mediator had properly informed the parents about the difference between a mediator and a lawyer for a litigant.

C. No, because the attorney notified the client that he could reobtain the papers by paying his legal bills.

An attorney agreed to represent a client in a divorce dispute. The attorney devised a collaborative approach to the proceedings to ensure that the client received an equitable portion of the marital estate. However, it quickly became apparent during settlement meetings with the opposing party that the client wanted to take a contentious approach to the proceedings. When the attorney refused to abide by the client's approach, the client discharged the attorney and hired new counsel. The client had not paid the attorney for several months prior to the discharge. The attorney wrote a letter to the client stating that the attorney would be retaining the client's confidential papers until the client paid his past-due bills. The relevant jurisdiction permits a discharged lawyer to retain client papers so long as the attorney gives the client notice of how the client can reobtain the papers. Is the attorney subject to discipline for retaining the client's papers? A. Yes, because the attorney failed to return a client's property upon termination of representation. B. Yes, because the attorney acted unethically by refusing to follow the client's preferred strategy. C. No, because the attorney notified the client that he could reobtain the papers by paying his legal bills. D. No, because the client had already hired a new lawyer.

D. No, because the attorney may move to withdraw under these circumstances.

An attorney and a client have a written fee contract. The client agrees to pay an hourly fee that the attorney will invoice monthly. The client must pay each invoice within one month. Each invoice states that delinquent payment or non-payment or non-payment could result in withdrawal by the attorney. Four months before the trial of the client's case, the client pays that month's invoice one month late. Three months before the trial, the client fails to pay that month's invoice. Two months before the trial, the client does not pay that month's invoice, which states: "You made a delinquent payment of an invoice and did not pay the last invoice. If you fail to pay off your account balance pursuant to this invoice, I will move to withdraw from representing you." On month before the trial, the attorney writes the client a letter stating that he will move to withdraw from the representation if the client does not pay the last invoice within one week. At the end of the week, when the client does not make a payment, the attorney files a motion to withdraw from representation the client with the court. Will the attorney be subject to discipline? A. Yes, because the conduct of the attorney and the client does not support withdrawal. B. No, because the client's conduct requires withdrawal. C. Yes, because the contract is invalid. D. No, because the attorney may move to withdraw under these circumstances.

A. Yes, because the agreement was of an indefinite duration.

An attorney and an accountant entered into an agreement providing that each would recommend the other's services. The agreement, which did not specify a termination date, permitted the attorney and the accountant to enter into similar agreements with other parties. The agreement also placed no limitations on the number of clients that could be referred. Both the attorney and the accountant disclosed the nature and existence of this relationship to each client who was referred pursuant to the agreement. Is the agreement improper? A. Yes, because the agreement was of an indefinite duration. B. Yes, because the agreement was made with a person who is not an attorney. C. No, because such a reciprocal referral agreement is permitted by the Model Rules of Professional Conduct. D. No, because the agreement is not exclusive, and each party disclosed the nature of the agreement to clients.

A. Yes, because the partner could not have represented the client.

An attorney at a law firm was hired to represent a client involved in a car accident. After reading the police report, the attorney realized that a partner in his law firm was a witness to the accident. The attorney interviewed the partner and concluded that the partner's version of the accident significantly undermined his client's position. Consequently, although the attorney did not plan to call the partner to testify, the attorney anticipated that the opposing party was likely to do so. Had the partner rather than the attorney been asked by the client to represent her, the partner would have been required by the conflict rules to decline. Is the attorney subject to disqualification from representing the client? A. Yes, because the partner could not have represented the client. B. Yes, because an attorney must withdraw if he or another attorney at his firm may be a witness at a trial in which the attorney acts as an advocate. C. No, because the attorney did not plan to call the partner as a witness. D. No, because an attorney may serve as an advocate in a trial in which another attorney in his firm is likely to testify.

C. Yes, because her false statement constituted dishonest conduct.

An attorney belongs to the bar of her home state. In another state, the attorney maintains a physician's license. The attorney knowingly makes a misrepresentation of a material fact in her physician's license renewal form by answering no to the question of whether there are any criminal charges pending against her, and she has recently been charged with a DUI in the state where she holds the physician's license. Will the attorney be subject to discipline by the bar in her home state for the misrepresentation? A. No, because her false statement was made on the license renewal in the other state. B. Yes if she is convicted of the DUI charges. C. Yes, because her false statement constituted dishonest conduct. D. No, because her conduct did not occur in her home state.

C. Yes, because the attorney did not obtain the clients' consent to publish their names.

An attorney distributed flyers advertising his legal practice. The flyers included the attorney's name and website, as well as a statement that he "specializes in defending landlords in civil disputes with tenants." Although the attorney's practice does focus on defending landlords in civil disputes with tenants, he is not certified as a specialist in any particular field of law. The flyer also listed the names of several of the attorney's regularly represented clients, along with the settlement results he had obtained on their behalf and a prominent disclaimer stating that results would vary depending upon particular legal and factual circumstances. The clients' names and settlements were all matters of public record, so the attorney did not seek their consent before publishing this information in his flyers. Is the attorney subject to discipline? A. No, because the advertisement included a prominent disclaimer to avoid unjustified expectations regarding the results a client could expect. B. No, because the clients' names and settlements were matters of public record. C. Yes, because the attorney did not obtain the clients' consent to publish their names. D. Yes, because the attorney is not certified as a specialist in any particular field of law.

C. Yes, because an attorney must refrain from abusive or unruly conduct as an advocate.

An attorney filed a pretrial motion to dismiss a claim against his client. After the judge fully reviewed the issues underlying the case, the judge issued an order denying the motion at a pretrial hearing attended by both parties to the case. The attorney immediately made an oral motion for reconsideration in which he argued that the only reason the judge had denied his motion was that she had accepted bribes from the prosecution. The judge truthfully denied this accusation, and she subsequently filed a disciplinary complaint against the attorney. Is the attorney subject to discipline? A. No, because an attorney representing a client as an advocate should zealously represent his or her client's position. B. No, because the attorney can assert litigation privilege as a defense. C. Yes, because an attorney must refrain from abusive or unruly conduct as an advocate. D. Yes, because the judge did not accept a bribe from the prosecution.

B. The statement that the attorney is a certified specialist in workers'-compensation law.

An attorney has worked in the area of workers'-compensation law for nearly 30 years. Additionally, the attorney has represented clients in a substantial amount of labor and employment matters. In order to obtain additional clients, the attorney placed an advertisement in a local magazine. The advertisement stated that the attorney is a certified specialist in workers'-compensation law based on nearly three decades of experience. The advertisement also stated that the attorney specializes in labor and employment law. Which statement in the advertisement would likely subject the attorney to discipline? A. Neither statement would likely subject the attorney to discipline. B. The statement that the attorney is a certified specialist in workers'-compensation law. C. The statement that the attorney specializes in labor and employment law. D. Both statements would likely subject the attorney to discipline.

A. No, because the daughter did not give informed consent for the attorney to be paid by her father.

An attorney received a phone call from a client asking the attorney to represent the client's daughter, a 19-year-old college student, against a drug charge. The father told the attorney that he would pay the attorney's standard hourly rate for the representation, as well as any expenses. The following day, the attorney met with the father and the daughter, and the three discussed the matter. When the daughter asked who was paying for the services, the attorney responded that they should simply focus on the case and worry about that later. As the trial date approached, the prosecution offered a plea deal. The attorney brought the deal to the daughter, who accepted it. When the father later learned of this, he was furious with the attorney for failing to include him in the discussion regarding the plea deal. Were the attorney's actions in representing the daughter proper? A. No, because the daughter did not give informed consent for the attorney to be paid by her father. B. No, because the father should have been notified of the plea deal. C. Yes, because a parent may pay the legal fees for his child. D. Yes, because the attorney was not required to inform the father of the plea deal.

D. Yes, because the attorney sent the letter only to other lawyers, so there was negligible risk of manipulation or abuse of unsophisticated clients.

An attorney recently earned her Juris Doctor degree from a prestigious law school and easily passed the state bar exam, gaining admission to the bar in her home state. She worked for three years for a legal aid clinic that provided free legal services for indigent clients. At the end of her third year at the clinic, the attorney decided to start her own firm, representing primarily low-income clients who were ineligible for free services at the legal aid clinic, but who also rarely could afford the fees of most attorneys. As soon as she ended her employment at the legal aid clinic, she sent a certified letter to most of the lawyers in her geographic area describing her experience and explaining that she was starting her own firm and intended to specialize in low-dollar consumer protection cases, simple divorces, adoptions, name changes, and landlord-tenant disputes. The letter concluded by offering to handle such cases for other lawyers if the other lawyers did not want to invest their time on such low-dollar matters. Were the attorney's actions proper? A. No, because the attorney failed to disclose that up to that time she had been working for a legal aid clinic, that provides legal services only to indigent clients. B. Yes, because the attorney's statements were not false or misleading and the letter was an appropriate announcement of the opening of her new firm and her intent to specialize in certain areas of law. C. No, because the attorney failed to disclose that up to that time she had been working for a legal aid clinic, that provides legal services only to indigent clients. D. Yes, because the attorney sent the letter only to other lawyers, so there was negligible risk of manipulation or abuse of unsophisticated clients.

A. No, because the attorney did not know that his law firm represented the woman's landlord at the time he provided legal advice.

An attorney regularly volunteered as an intake consultant for an established program run by a legal services organization. The program provided indigent individuals with limited short-term legal assistance. If it became apparent that an individual needed long-term representation, the intake consultant would recommend that the individual consult an attorney and provide a list of legal services organizations in the area. On one occasion, a woman who had received an eviction notice sought help from the program. The attorney gave her some general advice about how to avoid eviction and then recommended that she contact a private attorney or a legal services organization if she needed further assistance. The attorney later learned that the woman's landlord was a corporation represented in unrelated matters by partners in the attorney's law firm. Did the attorney's actions in providing legal advice to the woman subject him to discipline? A. No, because the attorney did not know that his law firm represented the woman's landlord at the time he provided legal advice. B. No, because the Model Rules of Professional Conduct regarding conflicts of interest do not apply to programs such as that in which the attorney participated. C. Yes, because the attorney had a conflict of interest due to his law firm's representation of the woman's landlord. D. Yes, because the attorney did not check to see if he had a conflict of interest before providing the woman with legal advice.

C. No, because the attorney failed to place the $25,000 in a separate escrow account.

An attorney represented a buyer in the purchase of a restaurant. The contract, which was drafted by the seller's lawyer, specified that a portion of the purchase price ($25,000) was to be held in escrow by the attorney until certain conditions were satisfied, including the transfer of a liquor license. The attorney received a check from the buyer for $25,000 of the purchase price. The attorney placed the check in the trust account that he maintained for his clients' funds. Prior to doing so, the attorney made an accounting on behalf of the numerous clients who had funds in the trust account. But, unbeknownst to the attorney, one of those clients planned on disputing the accounting. Pursuant to the terms of the contract, the attorney timely filed the documents necessary to transfer the liquor license from the seller to the buyer. Upon learning from the proper local authorities that the transfer of the license had been approved, the attorney transferred $25,000 from the trust account to the seller. The seller did not ask for and the attorney did not provide the seller with an accounting of the funds. Were the attorney's actions proper? A. Yes, because the attorney performed his duties in a timely fashion. B. Yes, because the attorney, as the buyer's legal representative, did not owe a duty to the seller. C. No, because the attorney failed to place the $25,000 in a separate escrow account. D. No, because the attorney did not provide the seller with an accounting of the retained portion of the purchase price.

C. No, because the attorney does not have actual knowledge that the document is fraudulent.

An attorney represented a client in a commercial breach of contract action. During discovery, the client claimed to have found a document signed by the opposing party that contained some of the contract terms at issue. The attorney inspected the document's metadata, and while she was suspicious about the document's authenticity, she did not find any indication that the document was fraudulent. The attorney produced the document in response to the opposing party's discovery request, and the opposing party contended that the document was fraudulent. The attorney and the client intend to offer the document as evidence in the trial. Would offering the document as evidence subject the attorney to discipline? A. Yes, because the attorney was suspicious about the document's authenticity. B. Yes, because the opposing party contended that the document was fraudulent. C. No, because the attorney does not have actual knowledge that the document is fraudulent. D. No, because the attorney must honor her client's decision to use the document as evidence.

D. Disclosing the hidden marital assets to the attorney's sister after the deposition.

An attorney represented a client in a divorce. The client informed the attorney that he had hidden several marital assets from his spouse, so the assets would not be included in the divorce settlement. The attorney explained that this was fraudulent and recommended that the client disclose the existence of the assets to his spouse, but the client refused. The attorney explained the situation to a mentor lawyer to seek ethical advice. The mentor lawyer urged the attorney to disclose the hidden marital assets to the client's spouse to prevent the substantial financial harm that the client's undisclosed fraud would cause. Agreeing with her mentor's assessment of the situation, the attorney disclosed the hidden marital assets to the client's spouse. Several months later, the client sued the attorney for malpractice for disclosing the hidden assets to his spouse. In her deposition, the attorney discussed the hidden marital assets and her justification for disclosing the information to the client's spouse. After the deposition, the attorney called her sister and told her about the deposition, including the information about the hidden marital assets. Which of the following disclosures would subject the attorney to discipline? A. Disclosing the hidden marital assets to the mentor lawyer. B. Disclosing the hidden marital assets to the client's spouse. C. Disclosing the hidden marital assets during the deposition in the malpractice suit. D. Disclosing the hidden marital assets to the attorney's sister after the deposition.

C. Yes, because the attorney promptly delivered the funds to the creditor.

An attorney represented a client in a negligence action. The client was awarded a judgment of $100,000, which the attorney deposited into a general trust account she held for all of her clients. Before the attorney distributed the funds to the client, the client's creditor contacted the attorney and informed her that he had a lien on the full value of the judgment recovered from the negligence action. The creditor gave the attorney proof of the lien's validity and requested that the funds be immediately transferred to him. When the attorney asked the client about the creditor's lien, the client agreed that the lien was valid. However, because the client intended to use the funds as a down payment to purchase a home, he asked the attorney to immediately distribute the judgment to him in spite of the creditor's lawful claim to the funds. Despite her client's demand, the attorney transferred the funds to the creditor. Although neither party requested an accounting, the attorney subsequently provided an accounting to both parties. Were the attorney's actions proper? A. No, because the attorney did not deposit the check into a separate client trust account. B. No, because the attorney made no effort to safeguard the client's property from the creditor. C. Yes, because the attorney promptly delivered the funds to the creditor. D. Yes, because the attorney provided an accounting to both parties.

C. Yes, because the attorney did not advise the client in writing that the client should seek independent representation.

An attorney represented a client in a personal injury claim against a bus company. Due to the attorney's negligence in reviewing the medical documentation regarding the extent of the client's injuries, the attorney encouraged the client to present the bus company with a settlement offer for dramatically less than what the client would obtain at trial. The bus company accepted the offer, and the client had to pay the rest of his medical expenses out of pocket. When the attorney realized his error, he met with the client and fully disclosed this negligence. The client suggested that he would be satisfied if the attorney simply reimbursed him for the medical expenses that were not covered by his settlement. Although the client might have recovered additional damages if a malpractice action were filed, the attorney reasonably believed that the proposed agreement was fair to the client. The attorney advised the client orally that the client should seek independent representation before deciding to enter into the agreement, but the client refused. Reassured, the attorney drafted an agreement reflecting the above terms, and it was executed by both the attorney and the client. Is the attorney subject to discipline for entering into this agreement with the client? A. No, because the attorney reasonably believed that the proposed agreement was fair to the client. B. No, because the client proposed the terms of the agreement. C. Yes, because the attorney did not advise the client in writing that the client should seek independent representation. D. Yes, because the client was not separately represented in negotiating and finalizing the agreement.

D. Yes, because of the nature of the services rendered by the surveyor.

An attorney represented a client in litigation involving a boundary dispute. The attorney consulted with the client and received the client's approval to hire a surveyor. The attorney, who had previously used and compensated the surveyor in similar situations for other clients, described the purpose of the survey and the party she represented to the surveyor. The retainer agreement between the attorney and the client specified that the client was responsible for payment of all litigation expenses. The surveyor performed a survey of the disputed boundary and submitted an invoice to the attorney for the agreed-upon amount. Prior to payment of this invoice, the client, in direct conversation with his neighbor, reached an agreement over the boundary between their properties. The client paid the attorney her fee as agreed upon in the retainer agreement but refused to pay the attorney for the cost of the survey. Is the attorney likely subject to civil liability to the surveyor for the unpaid invoice? A. No, because the client was responsible for the payment of all litigation expenses. B. No, because the client was consulted about and approved the hiring of the surveyor. C. Yes, because an attorney is primarily responsible for litigation expenses. D. Yes, because of the nature of the services rendered by the surveyor.

B. Yes, because the attorney failed to take reasonable remedial action after he realized that the wife had given perjured testimony.

An attorney represented a client who was injured when the television antenna he was attempting to erect in his yard came in contact with a power line. As part of its defense, the manufacturer of the antenna claimed that the antenna came with a warning label advising against erecting the antenna near power lines. The client told the attorney that he had not seen a warning label. The client's wife told the attorney that she had kept the antenna and the box it came in and that she saw no warning label. When called by the attorney as witnesses, both the client and his wife testified that they had never seen a warning label. After their testimony, but while the trial was still in progress, the attorney learned from the wife's sister that there indeed had been a warning label on the box, but that the wife had removed and destroyed it. When the attorney confronted the wife with her sister's statement, the wife admitted destroying the label but insisted that her husband knew nothing about it. The attorney continued the trial, but made no reference to the absence of a warning label in his summation to the jury. Instead, the attorney argued that the warning label, even if seen, was insufficient to advise his client of the serious consequences that would ensue if the warning was not heeded. The jury found in favor of the manufacturer. Is the attorney subject to discipline? A. No, because the jury apparently disbelieved the wife's testimony. B. Yes, because the attorney failed to take reasonable remedial action after he realized that the wife had given perjured testimony. C. No, because the at D. Yes, because the attorney called the wife as a witness and she gave perjured testimony.

B. No, because the attorney was required to correct any false statement of material fact she made to the court.

An attorney represented a client who was sued following a car accident. The attorney and her client discussed the allegations in the complaint, and the client denied the plaintiff's assertion that the client had been speaking on his cell phone at the time of the accident. Relying on this information, the attorney filed a response to the complaint including such a denial. Later, the attorney, in reviewing the client's cell phone records, discovered that a call had been placed from the client's cell phone immediately before the accident. When the attorney confronted the client with this information, the client admitted that he had lied to the attorney. The attorney figured that the information would come out shortly, since the records were being produced to the plaintiff, and did not act upon it. Were the attorney's actions proper? A. No, because the attorney should have taken reasonable steps to confirm the client's factual assertion before including it in a pleading. B. No, because the attorney was required to correct any false statement of material fact she made to the court. C. Yes, because the attorney did not knowingly include a false statement of fact in a pleading. D. Yes, because the attorney was not required to confirm the client's factual assertions before including them in a pleading.

C. Yes, because the attorney did not know the evidence was false.

An attorney represented a corporation in a suit brought by one of its competitors for misappropriation of trade secrets. Shortly before trial but after the discovery deadlines had passed, the corporation's chief engineer told the attorney that he had found a memorandum he had written to himself the previous year. The statements in the memorandum aligned with the chief engineer's version of the events in question and directly contradicted the competitor's claims. The attorney was skeptical of the document's authenticity because it had not been produced during the discovery process, and he believed that it may have been fabricated for trial purposes. Although the chief engineer assured the attorney that the document was authentic, the attorney continued to have doubts. Nonetheless, the attorney offered the document into evidence during his examination of the chief engineer at trial. Was the attorney's action in offering the document into evidence proper? A. No, because the attorney reasonably believed that the evidence was false. B. No, because doubts about authenticity should be resolved in favor of protecting the integrity of the judicial process. C. Yes, because the attorney did not know the evidence was false. D. Yes, because the prohibition on offering false evidence does not apply to a civil action.

D. Yes, because the attorney's statement did not constitute a statement of fact.

An attorney represented a shopkeeper who was trying to sell his business and was approached by an interested buyer. The attorney told the potential buyer that she believed the opportunity to purchase the business would be brief because the business was being offered at a very low price. In fact, the attorney believed that the business was priced too high and that the shopkeeper would have difficulty selling it for that reason. Was the attorney's statement to the potential buyer proper? A. No, because the attorney did not believe in the truthfulness of her statement. B. No, because the attorney, as a negotiator, owed a duty of candor to the potential buyer. C. Yes, because as a negotiator, the attorney owes a duty of zealous representation to her client. D. Yes, because the attorney's statement did not constitute a statement of fact.

D. Yes, because the attorney accepted the settlement offer without his client's consent.

An attorney represented a small business owner in a breach-of-contract suit. The attorney advised his client that he had a 50 percent chance of winning the case and should accept any settlement offer over $20,000. The client said that he was open to settlement and would think about an acceptable amount. One week before trial, the opposing counsel told the attorney that his client would be willing to pay $25,000 to avoid trial and that the offer would remain open until the end of the day. The attorney could not reach his client to confirm whether the client wished to accept the settlement offer. At the end of the day, the attorney called the opposing counsel and accepted the offer. The attorney did not mention that he had not spoken to his client. Is the attorney subject to discipline? A. No, because the attorney had apparent authority to accept the settlement. B. No, because the acceptance of a settlement offer is a tactical decision that falls within the attorney's authority. C. Yes, because the attorney did not have apparent authority to accept the settlement. D. Yes, because the attorney accepted the settlement offer without his client's consent.

D. Yes, because the defendant was represented by counsel.

An attorney represented the plaintiff in a personal injury matter. The attorney had heard that the defendant in the matter was anxious to settle the case and reasonably believed that the defendant's lawyer had not informed the defendant about the attorney's recent offer of settlement. The attorney instructed her nonlawyer investigator to tell the defendant about the settlement offer so that the attorney could be sure that the defendant's lawyer did not force the case to trial merely to increase the defendant's lawyer's fee. Is the attorney subject to discipline? A. No, because the attorney reasonable believed that the defendant's lawyer was not keeping the defendant informed. B. No, because the investigator is not a lawyer C. Yes, because the attorney was assisting the investigator in the unauthorized practice of law. D. Yes, because the defendant was represented by counsel.

C. Yes, because the attorney had a duty to render candid advice.

An attorney represented the political campaign of a candidate for public office, specifically to advise the candidate in ways to avoid liability. During a meeting about a television advertisement attacking one of the candidate's opponents, the attorney determined that the advertisement had gone too far and could result in liability for defamation. However, due to the candidate's reputation for firing campaign staff members who told her information that upset her, the attorney did not share his concerns with the candidate or her staffers. The advertisement aired, and as the attorney expected, the candidate's opponent filed a defamation action against the campaign and was awarded damages. Is the attorney subject to discipline? A. No, because the attorney likely would have been fired if he shared his determination with the candidate. B. No, because the campaign did not use the attorney's services in furtherance of committing defamation. C. Yes, because the attorney had a duty to render candid advice. D. Yes, because the opponent filed a successful defamation action against the campaign.

C. Yes, because the attorney has not concluded the representation of the plaintiff.

An attorney represents the plaintiff in a defamation lawsuit. Both the plaintiff and the defendant are well-known public figures, and the lawsuit has attracted much publicity. The attorney has been billing the plaintiff at an agreed-upon hourly fee for his services. Recently the plaintiff suggested that, rather than paying hourly, she would like to assign the attorney the media rights to a book and movie based on her lawsuit as full payment for services rendered from that point until the end of the litigation. The attorney responded that he would consider it, but that the plaintiff should first seek independent advice as to whether such an arrangement would be in her best interest. The attorney knew that, in the unlikely event that the lawsuit was settled quickly, the media rights might be worth more than he would have earned on an hourly fee basis. Is the attorney subject to discipline if he agrees to the plaintiff's offer? A. Yes, because the attorney is renegotiating for a potentially larger fee while the case is ongoing. B. No, because the attorney recommended that the plaintiff first seek independent advice before entering into the arrangement. C. Yes, because the attorney has not concluded the representation of the plaintiff. D. No, because the defamation lawsuit is a civil and not a criminal matter.

D. Yes, because the attorney concealed or obstructed the police's access to potential evidence by discarding the gun, and he counseled the client to destroy the evidence on his clothes.

An attorney responded to a distressed call from a client asking that he meet him immediately on the street behind the attorney's office. Immediately, the attorney rushes downstairs to meet the client outside his building. The client is very distraught and has blood splattered on his clothes, hands, and face, and is holding a pistol. The client stammers, "You will not believe what just happened."Quietly, the attorney takes the pistol and throws it down the closest storm gutter on the street, and they can hear the gun clanging against concrete as it tumbles deep down into the storm sewer. Then the attorney says, "It is late, and you are too upset to talk. Go home and clean yourself up and do your laundry - you are a mess. We can discuss this tomorrow morning when you are in a better frame of mind." The client goes home to shower and launder his clothes, and the attorney returns to his office and resumes his work on the brief he was writing. Did the attorney's conduct constitute a violation of his ethical duties? A. Yes, because he had a duty to inquire about what had happened and to call the police or emergency services if someone had been hurt. B. No, because the attorney does not know if the client has perpetrated a crime or if he was the victim of a crime, so he has not destroyed evidence knowingly; perhaps the client just saved someone else from a violent attacker. C. No, because the gun is still retrievable from the storm sewer, and the attorney could still testify about his observations of the client's appearance when they met. D. Yes, because the attorney concealed or obstructed the police's access to potential evidence by discarding the gun, and he counseled the client to destroy the evidence on his clothes.

C. Yes, because an attorney may solicit or prepare a will that gives a substantial gift to the attorney if the client is a family member.

An attorney took his grandmother out to dinner. Over dessert, the attorney asked his grandmother if she had updated her will recently. The grandmother stated that she had not, and the attorney offered to draft a new will for her. They met the following day and drafted a will in which she bequeathed to the attorney a rare book collection, which he had always admired, as well as a sizeable monetary gift. She left the remainder of her estate to her son and a charitable organization. Were the attorney's actions in offering to prepare and preparing the will proper? A. No, because an attorney may not prepare a will that gives a substantial gift to the attorney. B. No, because an attorney may not solicit an individual to prepare a will that gives a substantial gift to the attorney. C. Yes, because an attorney may solicit or prepare a will that gives a substantial gift to the attorney if the client is a family member. D. Yes, because an attorney may prepare a will that gives a substantial gift to the attorney as long as the attorney does not exert undue influence over the client.

B. Yes, because the attorney's claims regarding his rates were unsubstantiated and specific.

An attorney took out an advertisement in a local newspaper, which stated that the cost of his services was "50 percent cheaper than the customary attorney fees in town." The attorney never researched the fees of other attorneys in the area, but he planned to reduce his own fees to half of any such fees if and when a potential client brought them to his attention. Would the attorney's actions subject him to discipline? A. Yes, because the attorney posted an advertisement that mentioned his rates. B. Yes, because the attorney's claims regarding his rates were unsubstantiated and specific. C. No, because the attorney planned to modify his rates to conform to the advertisement. D. No, because the attorney did not state a specific dollar amount for his rate.

A. No, because the defendant was the attorney's former client.

An attorney undertook representation of an indigent criminal defendant on a pro bono basis. During the criminal trial, the attorney learned that the defendant had a strong cause of action for negligence against a witness to the alleged crime. The claim had the potential to result in a substantial award of damages. After the defendant was acquitted on all grounds and the deadline for appeals had passed, the attorney, knowing that the defendant wanted to bring a civil claim against the witness, met with the defendant over coffee and offered to represent him in that claim. The attorney offered to charge the defendant a reasonable contingent fee for the representation. The defendant said that he would consider it but that due to his strained financial situation, he wanted to see whether any other attorneys could offer a better fee arrangement. Assuming that the attorney would be competent to represent the defendant in a civil negligence claim, is the attorney subject to discipline? A. No, because the defendant was the attorney's former client. B. No, because the offered contingency fee arrangement was reasonable. C. Yes, because a significant motive was the attorney's pecuniary gain. D. Yes, because the attorney solicited professional employment from a vulnerable person known to need legal services.

D. Yes, because the attorney was seeking to obtain confidential legal advice about his ethical obligations.

An attorney was appointed to represent a criminal defendant. Prior to trial, the defendant's girlfriend called the attorney without the defendant's knowledge. The girlfriend told him that she had found evidence of the crime at her house and believed the defendant had hidden it there. The defendant's girlfriend asked the attorney whether she should tell the police about the evidence. The attorney, unsure of how to proceed, told the defendant's girlfriend that he would call her back. The attorney called his former law school ethics professor, who agreed to provide confidential legal advice as to the attorney's professional responsibility obligations. The attorney then told the professor about his discussion with the defendant's girlfriend and asked the professor for advice. The attorney did not mention the call to the professor to the defendant. Was the attorney's action in revealing the discussion with the defendant's girlfriend proper? A. No, because the attorney's discussion with the defendant's girlfriend was protected by attorney-client privilege. B. No, because the attorney failed to secure the defendant's consent before consulting the professor. C. Yes, because the defendant's girlfriend was not the attorney's client. D. Yes, because the attorney was seeking to obtain confidential legal advice about his ethical obligations.

C. Yes, because the man reasonably believed the attorney had agreed to represent him.

An attorney was at a baseball game with his family. During the game, the attorney overheard a man behind him complaining that one of his suppliers was late for a delivery and that he was searching for a lawyer to represent him. The attorney turned around and explained that he specialized in breach of contract litigation and that the man might have a claim against his supplier. After the attorney and the man talked for a few more minutes, the attorney said, "I think we have a case here, but let me discuss it with my partner." The attorney also gave the man his business card, told him to send a copy of the contract to the attorney's office, and said he should visit the attorney's office the next morning to "get this issue handled." After the game, the attorney texted his law partner and informed him they had a potential client coming in the next morning. Meanwhile, the man, reasonably believing that the attorney had agreed to represent him, sent a copy of the contract to the attorney's office. Has a client-lawyer relationship been created? A. No, because the man did not pay the attorney for legal services. B. No, because the attorney and the man have not signed a representation agreement. C. Yes, because the man reasonably believed the attorney had agreed to represent him. D. Yes, because the attorney gave the man legal advice.

D. Did she act with the competence and diligence normally exercised by lawyers in similar circumstances?

An attorney was contacted by a family member of an individual who was near death to prepare a will. After speaking briefly with the individual, the attorney drafted a document and oversaw its execution. After the death of the individual, the validity of the will was successfully challenged. The attorney was then sued for malpractice based on her alleged negligence. Which of the following standards is applied to determine whether the attorney's conduct complied with the duty of care? A. Did her conduct violate the Model Rules of Professional Conduct as adopted in the applicable jurisdiction? B. Was her conduct at least average as judged by lawyers with similar skill and knowledge? C. Did she act in good faith in light of the emergency situation? D. Did she act with the competence and diligence normally exercised by lawyers in similar circumstances?

D. No, because the attorney did not first determine whether either the doctor or the client's daughter might act adversely to the client's interests.

An attorney was convinced that his client was suffering from dementia. The attorney spoke to his client's family physician and the client's only daughter to determine whether a guardian should be appointed to monitor the client's finances. These were the only discussions the attorney had ever had with either the physician or the daughter. In these discussions, the attorney revealed confidential information about a bank account maintained by the client before learning that the client and her daughter were estranged because the daughter had stolen from the client in the past. Was the attorney's revelation of the confidential information proper? A. Yes, because the attorney was trying to determine whether his client needed a guardian. B. Yes, because the daughter had relevant information to help determine whether the client needed a guardian. C. No, because the attorney should not have disclosed confidential information about a client to others without prior court approval. D. No, because the attorney did not first determine whether either the doctor or the client's daughter might act adversely to the client's interests.

B. No, because the case, even if unsuccessful, might lead to a change in existing law.

An attorney was passionate about civil rights, but the jurisdiction in which he practiced was less progressive than he. The attorney knew that the client's claim was not supported by current law within the jurisdiction and would likely be unsuccessful, but he nevertheless accepted the case. The attorney was confident that recent rulings in neighboring jurisdictions that invalidated or limited nearly identical laws might persuade the court to invalidate or limit the current law within the jurisdiction. The attorney notified the client of the likelihood of losing under current law, but the client wished to pursue the claim regardless. Is the attorney subject to discipline for bringing this suit? A. No, because the client wishes to pursue the claim even if it will be unsuccessful. B. No, because the case, even if unsuccessful, might lead to a change in existing law. C. Yes, because he knows the claim will likely be unsuccessful. D. Yes, because there is no basis in law in the jurisdiction to support the claim.

D. Yes, because the written fee agreement did not discuss when the court costs and litigation expenses would be deducted.

An attorney was retained by a client to represent the client in a negligence claim against a snow removal company. The attorney and his client signed a written fee agreement providing that the attorney's fee would be contingent on the success of the litigation. The contract spelled out the manner in which the attorney's fee would be calculated and the various anticipated expenses for which the client was liable but was silent as to when those expenses would be deducted. At trial, the attorney won a sizable judgment for the client. In a timely manner after the trial, the attorney gave the client a written statement outlining the amount of the recovery to which the client was entitled pursuant to the contingency agreement. The statement also explained that because the client's court costs and litigation expenses had been paid initially by the attorney, those costs and expenses were deducted before the contingency fee was calculated. The client accepted the written statement without complaint, and the attorney ensured that the client promptly received the client's portion of the recovery amount. Is the attorney subject to discipline with regard to this fee arrangement? A. No, because a contingency fee is allowed in a tort action as long as the fee arrangement is in a signed writing. B. No, because the client did not object to the calculation provided in the written statement stating the outcome of the matter. C. Yes, because the attorney initially paid the client's court costs and litigation expenses. D. Yes, because the written fee agreement did not discuss when the court costs and litigation expenses would be deducted.

B. No, because the attorney disclosed that she was appearing on behalf of a client, and she need not disclose the name of her client.

An attorney was retained by a fine arts import business to manage its international transactions. A federal bill under consideration would, if passed, significantly limit the import business's ability to negotiate these international transactions. At the direction of her corporate client, the attorney appeared at a Congressional committee hearing to argue against the passage of the bill. Although the attorney actually believed that the bill would have a positive impact on the national economy, she presented a fact-based argument against its passage at the hearing. During the hearing, the attorney disclosed that she was appearing on behalf of a client, but she refused to disclose the name of her client. Is the attorney subject to discipline under the Model Rules based on her congressional testimony? A. No, because lawyers representing clients before a nonadjudicative legislative body are not subject to the Model Rules. B. No, because the attorney disclosed that she was appearing on behalf of a client, and she need not disclose the name of her client. C. Yes, because the attorney actually believed that the bill would have a positive impact on the national economy. D. Yes, because the attorney was required to identify the client on whose behalf she was advocating.

C. Yes, because the attorney promptly distributed the undisputed funds to the woman and himself.

An attorney was retained by a woman to file an intentional infliction of emotional distress action against her employer. The attorney and the woman entered into a written contingency fee agreement wherein the attorney would be paid a 25% contingency fee plus litigation costs. However, the agreement did not clearly state whether litigation costs would be deducted before or after the contingency fee was paid. The woman was ultimately awarded a judgment of $1,000,000. When the attorney received this payment from the employer, he deposited the full amount into the woman's trust account. The attorney informed the woman that his total litigation costs were $100,000, which he would deduct after the contingency fee was paid, so he owed her a total of $650,000. The woman disagreed and said that the litigation costs should be subtracted before the contingency fee was paid, so the attorney actually owed her a total of $675,000. The attorney promptly disbursed $650,000 from the trust account to the woman and $325,000 to himself. He then informed the woman that the $25,000 that was in dispute would remain in the trust account until the dispute was resolved. Did the attorney act properly? A. No, because the attorney should not have disbursed any funds from the woman's account until the dispute was resolved. B. No, because the attorney should not have paid any contingency fee to himself until the dispute was resolved. C. Yes, because the attorney promptly distributed the undisputed funds to the woman and himself. D. Yes, because the attorney was not under an obligation to disburse any funds until the dispute was resolved.

D. Yes, unless the state social services office is immediately contacted and agrees to allow the partner lawyer to accept the accused as a client.

An attorney works for a state social services office for three years. While serving in that position, other employees of the office investigate an accused for suspected child abuse and neglect. The attorney does not participate in that investigation and the other employees did not discuss it with the attorney. After leaving the office's employ, the attorney joins a law firm that handles family law matters. Subsequently, the accused is charged with child abuse and neglect pursuant to the office's investigation. The accused seeks to retain the attorney in responding to those charges. The attorney refuses to accept the accused as a client, but indicates that a partner lawyer, another member of the law firm, might accept him as a client. The attorney neither aids the partner lawyer with defending the accused, and is in no way compensated. Will the partner lawyer be subject to discipline for accepting the representation? A. No, because the attorney did not assist the partner lawyer with handling the accused's defense or receive any compensation. B. Yes, because the attorney worked for the office during its investigation of the accused. C. No, because the attorney lacked involvement in or awareness of the investigation of the accused. D. Yes, unless the state social services office is immediately contacted and agrees to allow the partner lawyer to accept the accused as a client.

D. No, because the attorney can prepare, for the client, a will giving the attorney a substantial gift because they are relatives.

An attorney works in a small firm and mainly practices domestic relations law and estate planning law. The attorney is the granddaughter of a prospective client. The prospective client visits the attorney's office because he is seeking her estate planning services. He requests that she prepare his last will and testament. As her client he wants the will to include, in addition to its usual terms and conditions, certain bequests to his family members and friends. Specifically, the client instructs the attorney to include a bequest to the attorney of a classic automobile. Will the attorney be subject to discipline if she prepares the will as instructed? A. Yes, because the attorney cannot prepare, for the client, a will giving a classic automobile to the attorney because they are relatives. B. No, because an attorney can prepare a will for a client giving a substantial gift to herself if the gift is made knowingly and voluntarily. C. Yes, because the attorney cannot prepare for any client an instrument giving a substantial gift to herself. D. No, because the attorney can prepare, for the client, a will giving the attorney a substantial gift because they are relatives.

B. Yes, because the attorney did not reveal that she was acting on behalf of a client.

An attorney, acting on behalf of a wealthy client, entered into negotiations to purchase land from its current owner. Solely to forestall the owner from raising the asking price due to the client's financial resources, the client instructed the attorney not to reveal that she was acting on behalf of a client. Adhering to these instructions, the attorney entered into a contract in her own name to purchase the land from the owner. Prior to the closing date, the client told the attorney that he no longer wanted the land. The attorney informed the owner that the purchase would not proceed, and the owner then sold the land to another buyer at a price below the contract price. The owner sued the attorney for expectation damages based on the attorney's breach of the contract. Is the attorney subject to civil liability to the owner? A. Yes, because an attorney acting as a negotiator is nevertheless subject to the Model Rules of Professional Conduct. B. Yes, because the attorney did not reveal that she was acting on behalf of a client. C. No, because the attorney was acting on behalf of her client. D. No, because of the duty of confidentiality.

D. Yes, because the attorney presented facts that allowed the participants to identify the client.

An attorney, who was well known in the community for previously representing a celebrity in a high-profile murder case, regularly served as a guest speaker at various legal seminars. At a criminal law seminar, he presented a hypothetical in which he never named his high-profile former client but outlined all the facts relevant to the murder case. Many of the facts the attorney referenced were widely known among the general population, and many of the participants in the seminar rightly assumed that the attorney was talking about his celebrity client. Were the attorney's actions with regard to the disclosure improper? A. No, because the facts were already known to the general public. B. No, because the attorney never named his client. C. Yes, because an attorney may not discuss confidential facts about a client even in the form of a hypothetical. D. Yes, because the attorney presented facts that allowed the participants to identify the client.

B. No, because attorneys may not share fees with nonlawyers, as provided by this arrangement.

An established law firm located in a state capital focused mainly on litigation, but it also provided legal services related to lobbying. The firm created a lobbying department and hired a former state legislator, who was not an attorney, to head this department. The former legislator received as compensation a percentage of the fees from all services provided to clients that he brought to the firm, including any legal services, but he did not direct the professional judgment of the attorneys in his department, nor was he made a partner. Is the law firm's compensation arrangement with the former legislator proper? A. No, because a nonlawyer may not hold a senior position in a law firm. B. No, because attorneys may not share fees with nonlawyers, as provided by this arrangement. C. Yes, because the former legislator was not made a partner of the firm. D. Yes, because the former legislator did not provide legal services.

D. Yes, because the lawyer recommended the destruction of the memo.

An industrial manufacturing company received a letter from an angry customer stating that the customer had been severely injured while using the company's product and that she intended to sue the company. Concerned about the possibility of a lawsuit, an officer of the company reviewed her records and discovered a memo from a warehouse supervisor that contained the following statement: "Remember that shipment of defective bolts we received? We returned them to the seller, but the seller claims we are missing one crate of the order. It is possible that they were misplaced in the warehouse and used in our most recently released products." The memo was scheduled for shredding at the end of the week in compliance with the company's usual document retention policies. When the officer asked the company's in-house lawyer whether she should save the memo, the lawyer told the officer that she should follow the company's usual policies and shred the document at the end of the week, which the officer did. A week later, the customer filed a product liability claim against the company, alleging that a bolt in the company's product was defective. Is the lawyer subject to discipline for her advice to the officer? A. No, because a lawsuit was not pending when the memo was destroyed. B. No, because the lawyer recommended action in compliance with the company's usual document retention policies. C. Yes, unless the lawyer reasonably believed that the memo was reasonably certain to result in substantial injury to the company. D. Yes, because the lawyer recommended the destruction of the memo.

C. Yes, because the attorney knew that the insured intended the attorney's services to benefit the insurance company.

An insurance company hired an attorney to defend its insured in a civil suit. The insured told the attorney that his primary goal was to reduce the amount of any adverse judgment his insurance company may be required to pay on his behalf. The opposing party offered to settle its claims for $500,000, which represented half of the coverage amount of the insurance policy. The attorney negligently failed to communicate this offer to the insured, and the offer expired. The case went to trial, and the jury delivered a $1.2 million verdict against the insured, of which the insurance company was required to pay $1 million. Had the attorney properly communicated the offer to the insured, the insured would have accepted the offer. Is the attorney subject to liability to the insurance company? A. No, because there was no client-lawyer relationship between the attorney and the insurance company. B. No, because the insurance company did not rely on the attorney's legal opinion or legal services. C. Yes, because the attorney knew that the insured intended the attorney's services to benefit the insurance company. D. Yes, because the insurance company hired the attorney.

B. No, unless Client agrees that Alpha may report the information.

Attorney Alpha was retained by Client to incorporate Client's business, which previously had been operated as a sole proprietorship. Alpha noticed in Client's file copies of some correspondence from Client to Attorney Beta concerning the possibility of Beta's incorporating Client's business. Alpha questioned Client to make certain that any attorney-client relationship between Beta and Client had been terminated. Client told Alpha, "It certainly has been terminated. When I discussed the matter with Beta six months ago, he asked for a retainer of $1000, which I paid him. He did absolutely nothing after he got the money, even though I called him weekly, and finally, last week when I again complained, he returned the retainer. But don't say anything about it because Beta is an old friend of my family." Is Alpha subject to discipline if she does not report her knowledge of Beta's conduct to the appropriate authority? A. Yes, unless Alpha believes Beta does not usually neglect matters entrusted to him. B. No, unless Client agrees that Alpha may report the information. C. Yes, if Alpha believes Beta clearly was guilty of professional misconduct. D. No, if Client was satisfied by Beta's return of the retainer.

D. Yes because Franklin cannot avoid discipline for violating a rule of professional conduct even though it was at the direction of a supervising attorney

Attorney Evans is a seasoned defense attorney at a small firm specializing in construction law. the firm hires a new associate attorney, Franklin, to assist Evans. Evans represents a construction company that has been sued by a homeowner for negligent construction. He instructs Franklin to review the documents provided by his client and identify any that are potentially responsive to the plaintiff's discovery requests. Franklin completes the review and provides copies of the responsive document to Evans, who then instructs Franklin to destroy both the originals and copies of certain documents that would be bad for the defendant's case. Franklin complies with the instructions and destroys the documents. Is Franklin subject to discipline for complying with Evans's instructions? A. No because neither Evans nor Franklin violated a rule of professional conduct. B. No because Franklin had a duty to follow the direction of the supervising lawyer. C. Yes because Evans violated a rule of professional conduct. D. Yes because Franklin cannot avoid discipline for violating a rule of professional conduct even though it was at the direction of a supervising attorney

C. Send $40,000 to Mr Beasley, transfer $5,000 to his office account and retain $5,000 in the CTA until the fee dispute is settled.

Attorney Morgan represented Mr. Beasley in a medical malpractice claim against a local hospital. The case settled at mediation of $50,000. The hospital sent a check for that amount payable to Morgan, which he deposited in a client trust account (CTA). Morgan notified Mr. Beasley of receipt of the funds and billed him $10,000 for his legal fees. Mr. Beasley disputed the amount billed and advised that he would pay $5,000 as a reasonable fee. What is the proper action for Morgan to take? A. Retain $45,000 in the CTA and transfer $5,000 to his office account. B. Retain the entire $50,000 in the CTA until the fee dispute is settled. C. Send $40,000 to Mr Beasley, transfer $5,000 to his office account and retain $5,000 in the CTA until the fee dispute is settled. D. Send $40,000 to Mr. Beasley, and transfer $10,000 to his office account.

B. Yes because they are partners in the same firm.

Attorney is a partner is a large firm. She specializes in transactional law but the firm has other departments with attorneys specializing in many areas. When working on a transaction Attorney encounters a tax question. She consults with a partner in the firm's tax department. She does not identify the client to the partner and does not tell the client that she is consulting with another attorney. She asks the partner to keep track of his hours so that the client can be billed for the tax partner's hours. Was it proper for Attorney to consult with the tax partner? A. No because the total attorneys fees will be increased for the client. B. Yes because they are partners in the same firm. C. Yes because she did not reveal the client's identity to the tax partner D. No because she did not obtain the client's consent for the consultation.

C. No, because the lawyer must report the misconduct "up the ladder" in the corporate structure.

Attorney is outside counsel for Daleck Corp., a securities trading firm. Attorney is asked by the CFO of Daleck to prepare papers for a "round-trip loan" transaction that is designed to hide a large, unrecoverable debt to the company by a paper transaction conducted just before a reporting period. That transaction will then be "un-wound" just after the reporting period. Attorney believes that his transaction may be fraudulent and refuses to participate. A few weeks later, Attorney learns that the CFO retained a different outside counsel to complete the round-trip loan transaction. Is refusal to participate sufficient? A. Yes, because to do anything more would risk disclosure of confidences from the CFO. B. No, because the lawyer must report this misconduct to the authorities. C. No, because the lawyer must report the misconduct "up the ladder" in the corporate structure. D. Yes, because business judgment is for the client, not the lawyer.

D. Yes because attorney may reveal such information to defend herself against a civil claim

Attorney represented Client in negotiating a large real estate transaction. Buyer, who purchased the real estate from Client, has filed suit against Client and Attorney alleging fraud and violation of unfair business practices statutes. Attorney had advised Client by letter against making statements relied on by Buyer as the basis for Buyer's claim. Attorney and Client are represented by separate counsel. Attorney wishes to reveal to the extent Attorney believes is necessary to defend herself, confidential information imparted to Attorney by Client that will be favorable to Attorney but damaging to Client. Is it proper for Attorney to disclose such information? A. Yes unless Client objects to the disclosure B. No unless criminal charges have also been brought against Attorney. C. No because the disclosure will be detrimental to Client D. Yes because attorney may reveal such information to defend herself against a civil claim

D. Yes, because the attorney communicated with the juror during the proceeding.

During a criminal trial, a criminal defense attorney started to think that the jury was likely to deliver a guilty verdict. The attorney knew that the prosecution would rest the next day, so that night, the attorney re-reviewed all of the evidence in the case and realized that he had nothing available to change the jury's mind. The attorney decided to find the prosecutor in the morning and try to negotiate a plea deal. The next morning, the attorney was alone in the elevator heading up to the courtroom when a juror stepped into the elevator. The attorney asked the juror how the jury thought the trial was going. The juror replied that she could not see a way in which the jury would acquit the defendant. The attorney thanked the juror, and when they arrived at the courtroom level, the attorney found the prosecutor and negotiated a plea deal. Is the attorney subject to discipline? A. No, because the attorney was planning on negotiating a plea deal before the discussion with the juror. B. No, because the attorney did not intend to improperly influence the juror. C. Yes, because the attorney initiated the communication. D. Yes, because the attorney communicated with the juror during the proceeding.

A. No, because Attorney advised client to seek independent counsel, conveyed necessary information in writing, and sought Client's informed consent to the essential terms of the transaction and her role in it.

For many years, Attorney has represented Client in landlord-tenant disputes arising out of his business as a landlord and property owner for many rental properties around the city. Attorney, who hopes to move closer to her office so she can have a shorter commute, asked Client for advice about finding a house to buy in this difficult real estate market. Client had the perfect property available and he no longer wished to rent it out, so he offered to sell it to Attorney. Attorney thought the price was fair and reasonable to both of them, so she decided it would be a good idea to buy Client's house. Attorney sent Client a letter to explain the terms on which she was offering to buy the house and to advise Client that he should take as much time as he needed to seek independent legal counsel to represent him in the transaction. Client declined to hire a separate attorney, telling Attorney that he was a sophisticated businessman and felt confident he could handle the transaction on his own. When it came time to prepare the final purchase and sale agreement, Attorney asked Client to sign an informed consent agreement stating the essential terms of their transaction and clarifying Attorney's role. After the transaction was complete and Attorney had moved into her new house, Client began to regret selling it. He thought that he could have potentially sold it for a greater profit, and accused Attorney of taking advantage of their relationship. He fired Attorney and reported her conduct to the state bar disciplinary authority. Is Attorney subject to discipline? A. No, because Attorney advised client to seek independent counsel, conveyed necessary information in writing, and sought Client's informed consent to the essential terms of the transaction and her role in it. B. No, because Client was an experienced consumer of legal services C. Yes, because attorneys cannot enter into business transactions with their clients or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to their clients. D. Yes, because Attorney did not insist that Client hire independent counsel to represent him in the transaction.

A. Yes, because the forfeiture-for-competition clause restricts the right to practice law.

Four law school classmates formed a law firm together soon after they were admitted to the bar. After a number of successful years, two of the classmates, Alpha and Beta, left the firm over ideological and political differences. They took a significant number of the former firm's clients with them when they left to form a new firm, and as a result, the original firm was dissolved. Hoping to protect their new firm from a similar fate, Alpha and Beta required all incoming associates to sign employment contracts containing a forfeiture-for-competition clause. Under the clause, if an incoming attorney leaves the firm and goes on to represent any of the firm's clients within two years of leaving, the attorney will forfeit the firm's signing bonus of $20,000 and be required to return it to the firm. To ensure that all attorneys in the new firm were subject to the same rules, Alpha and Beta signed employment contracts with the same clause. To date, Alpha and Beta have hired two lawyers who have signed this contract, and no lawyers have left the firm. Are Alpha and Beta subject to discipline? A. Yes, because the forfeiture-for-competition clause restricts the right to practice law. B. Yes, because Alpha and Beta stole clients from the firm they formed with their law school classmates. C. No, because the forfeiture-for-competition clause has not been enforced to restrict any lawyer's right to practice law. D. No, because Alpha and Beta signed contracts subjecting themselves to the same reasonable restrictions.

No, because the attorney asserted attorney's personal knowledge of facts in issue.

In attorney's closing statement to the court in a bench trial, attorney said, "Your honor, I drive on the street in question every day and I know that a driver cannot see cars backing out of the driveways as the one did in this case. I believe that my client was not negligent and I ask you to so find." Was attorney's closing argument proper? Yes, because the rules of evidence are very liberal when the trial before a judge without a jury. Yes, if attorney was speaking truthfully and not trying to deceive the court No, because the attorney asserted attorney's personal knowledge of facts in issue. No, if there is no other evidence in the record about the facts asserted by attorney.

D. Johnson & Blighe.

Johnson and Blighe are personal injury attorneys in State A who would like to form a new law firm. In honor of Blighe's father-in-law, Blighe wants to name their firm "Johnson, Blighe & Fields." Johnson disagrees and wishes to name their firm "State A Justice" so that it matches their new website domain name. Meanwhile, Johnson's paralegal, Lin, thinks that because of his longtime service to Johnson, the new firm's name should be "Johnson, Lin & Blighe." Which of the following names would be a permissible name for the new law firm? A. Johnson, Blighe & Fields. B. State A Justice. C. Johnson, Lin & Blighe. D. Johnson & Blighe.

C. Yes, because he performed free legal services for an educational organization in matters addressing the needs of persons of limited means.

Last year, an attorney provided 50 hours of free legal services to a local nonprofit educational organization. His services primarily related to reviewing employment contracts of literacy tutors for after-school literacy programs serving students of limited means. The attorney worked at a law firm that encouraged its lawyers to provide at least 100 hours of pro bono service per year representing clients who are unable to pay. Has the attorney satisfied his pro bono responsibilities under the Model Rules of Professional Conduct? A. No, because he has failed to meet the standard set by his own law firm. B. No, because his services have not been directly in service of legal clients who are unable to pay. C. Yes, because he performed free legal services for an educational organization in matters addressing the needs of persons of limited means. D. Yes, because the Model Rules of Professional Conduct impose no professional responsibility on a lawyer to provide pro bono services.

A. No, the conflicting positions between Conglomerate and Mr. Burns are so great that the same lawyer cannot provide adequate legal representation to both, so consent to the conflict is ineffective.

Mr. Burns, the chief executive officer of Conglomerate Corporation, now faces criminal charges of discussing prices with the president ofa competing firm. If found guilty, both Mr. Burns and Conglomerate Corporation will be subject to civil and criminal penalties under stateand federal antitrust laws. An attorney has been representing Conglomerate Corporation. She has conducted a thorough investigation of the matter, and she has personally concluded that such pricing discussions did in fact occur. Both Mr. Burns and Conglomerate Corporation have stopped their denials, and they now concede that the pricing discussions took place. One of Mr. Burns' defenses will be that the former general counsel of Conglomerate Corporation had advised Mr. Burns that a discussion of general pricing practices with a competitor would not be illegal. In contrast, Conglomerate Corporation denies that this was the legal advice given, and instead asserts that Mr. Burns acted without authority. Given these facts, would it be proper for the attorney to proceed with the dual representation, if both Mr. Burns and a separate corporate officer at Conglomerate provide written consent to any potential conflict of interest between them? A. No, the conflicting positions between Conglomerate and Mr. Burns are so great that the same lawyer cannot provide adequate legal representation to both, so consent to the conflict is ineffective. B. Yes, although the likelihood of conflicting positions in such matters as plea bargaining requires the attorney to obtain the informed consent of both clients before proceeding with the representation, dual representation is permissible if each party consents C. No, because it will always be in the best interest of a corporation to blame the individual who acted in the situation, to avoid liability under a theory of respondeat superior. D. Yes, because their legal and factual assertions appear identical in this case, so the risk of contradiction or adverse positions in the litigation is de minimis.

No, because she breached a duty of confidentiality she owed to the beneficiary.

The beneficiary of an estate, who was indigent, met with an attorney from Firm A about the possibility of representing him in a dispute over his share of the estate. The attorney's secretary attended the meeting to take notes. After discussing the matter with the beneficiary, the attorney stated that she could not take the case because her reasonable fee would exceed the amount of the potential recovery. Later, the attorney learned that a lawyer from Firm B had agreed to represent the beneficiary. The attorney discussed the beneficiary's position with the lawyer from Firm B, advising the lawyer of what she believed were some weaknesses in the case that the beneficiary had not yet disclosed to the lawyer. Did the attorney behave properly? No, because she had an obligation to represent the indigent beneficiary on a pro bono basis. No, because she breached a duty of confidentiality she owed to the beneficiary. Yes, because any duty of confidentiality was destroyed by the presence of her secretary. Yes, because she could refuse to represent the beneficiary on the basis of lack of financial benefit to the attorney.

B. No, because the company's conditions would interfere with the attorney's professional judgment.

The manager of a successful hedge fund is under indictment for securities fraud. The board of directors of the hedge fund's company reached out to an attorney to secure representation for the manager. The board of directors informed the attorney that the company would pay for the manager's legal fees so long as the attorney agreed not to pursue any legal strategies that could result in liability for the company. The board also informed the attorney of its decision to retain separate counsel to represent the company's interests. The manager gave verbal informed consent to the attorney for the company's fee-payment arrangement. Would it be proper for the attorney to represent the manager under these conditions? A. No, because the manager's consent was not confirmed in writing. B. No, because the company's conditions would interfere with the attorney's professional judgment. C. Yes, because the manager gave his informed consent to the fee-payment arrangement. D. Yes, because the company retained separate counsel to protect the company's interests.

A. No, because the transactional associate did not have actual knowledge of any misconduct.

While using the copy machine, a transactional associate overheard two summer interns talking in the next room about a litigation associate in the firm. The interns, who did not see the transactional associate or know he was there, discussed the litigation associate's behavior and speculated that she had been drinking while at work. They said they believed that her drinking had caused her to make several mistakes in active cases. The interns never mentioned the litigation associate by name, but the transactional associate knew that they primarily worked with one attorney. He had never seen the litigation associate drinking and had always heard that her work was satisfactory, so he dismissed the discussion as mere gossip and did not take any action based on the information. Several months later, a client filed a complaint with the disciplinary board against the litigation associate that included allegations related to alcohol abuse. The disciplinary board found that the litigation associate had made errors on the client's case because she was inebriated. Would the transactional associate be subject to discipline based on his failure to report the litigation associate's alleged misconduct? A. No, because the transactional associate did not have actual knowledge of any misconduct. B. No, because the transactional associate did not personally witness any misconduct. C. Yes, because the transactional associate failed to report another attorney's misconduct. D. Yes, because the misconduct raised a substantial question as to the litigation associate's professional fitness.