Legal Pro Multiple Choice

During a week's recess in the trial, Alpha and P were both present at a cocktail party. P went over to Alpha and said "Why can't we settle that case for $50k? This trial is costing both sides more than it's worth." Which of the following is a proper response by Alpha? 1) "I can't discuss the matter with you" 2) "If that's the way you feel, why don't you and D get together." 3) "I agree. We already have made several offers to settle this matter." A) 1 only B) 1 and 2, but not 3 C) 2 and 3, but not 1 D) 1, 2, and 3

A) 1 only

Which, if any, of the following sources of authority is not binding on lawyers? A) Restatement of the Law Governing Lawyers B) case law on malpractice C) criminal law D) the Sarbanes-Oxley regulations on practice before the SEC

A) Restatement of the Law Governing Lawyers

Which of the following is true? A) leading legal ethics experts have not always believed that legal ethics could be taught B) research finds that law students' altruism increases during law school C) bar associations have always required law schools to provide training in legal ethics D) research indicates that moral development ends after adolescence

A) leading legal ethics experts have not always believed that legal ethics could be taught

Prosecutor commenting on trial witnesses and evidence: "You have the statement of a witness. He's very believable. You can rely on him. You have the statement of another witness, believable. I don't know how many of you have worked on vehicles. I've never seen a carburetor float scale that looked like that. But I've seen a lot of crackheads arrested with that same thing in their pocket, a little tin scale."

held improper opinion about witness credibility and improper attorney testimony

Violation of Rule 3.4? Defense attorney in a civil case commenting on the damages request: "I added all this up at $461,775 and the only thing that I see is P's counsel getting rich. That's all I see with the $461k."

improper and a new trial was ordered because imputing the lawyer was only doing this for attorney's fees

Privileged or not privileged? Sales Manager to VP: "I've just met with Manager of University X and we have a handshake deal. How much detail do we need in the written contract?"

not privileged

Privileged or not privileged? VP to Corporation A's Sales Manager: "President has instructed us to proceed to negotiate a contract for food services with University X. Get to this ASAP."

not privileged

Privileged or not privileged? VP to President: "Sales Manager reached a great deal for us. Let's keep the written contract simple and direct to close the deal ASAP."

not privileged

Privileged or not privileged? General Counsel to VP: "Here is my proposed contract attached to this email. Show this to University X, but tell them it is nonnegotiable."

privileged

Privileged or not privileged? General Counsel to in-house Paralegal: "The President wants a contract with 1 through 6. Please take language from our prior contract with University Z to get the process started."

privileged

Privileged or not privileged? President of Corporation A to Corporation A's VP, who, as part of her job, is engaged in negotiations with University X, "Out General Counsel has advised me that in order to form a binding contract with University X, we need to agree on requirements 1, 2, and 3."

privileged

Privileged or not privileged? President to General Counsel: "Draft this contract as quickly as possible. Draft a contract including 1, 2, 3, and also 4, 5, and 6."

privileged

Violation of Rule 3.4? In a child abuse case, the prosecutor comments on the D's testimony: "The number one reason why you should not believe what the D says is nobody in this country has more reason to lie than a D in a criminal trial. Defense attorney told you about motives to lie. The Judge told you can consider that. Defense attorney gave a ridiculous motive for prosecution witness to lie. But this D has ever reason to lie. She is a D. Other reasons why you should not believe the D, her testimony is inconsistent with her statement."

the trial court did not abuse its discretion in finding remarks proper

Violation of Rule 3.4? In a medical malpractice action, P's counsel describes Ds' actions as "the most ridiculous decision that anybody has ever made in history. Here's a patient laying there and these idiots are coming in with Life Flight and picking him up and actually taking off 30 minutes later, when time is of the essence, minutes and seconds count. It's a tragedy of errors. Everything these people did while he's sitting there is ridiculous."

-violation of the ethics rules and grounds for a new trial -opinion of the counsel, no evidence presented that this 30 minutes would have been an issue -describing it as a tragedy of errors is this lawyer's opinion

Privileged or not privileged? 1) President of Corporation A sends email to Corporation A's General Counsel, "What are the requirements of a binding contract for a bookstore service contract with University X?" 2) General Counsel emails the President with a list of the requirements for such a contract.

1) privileged 2) privileged

An attorney is employed in the legal department of a large retail clothing company and represents that company in litigation. A group of current and former employees of the company filed a class action alleging the company has and continues to engage in racial and gender discrimination. After discussing the lawsuit with the attorney, the board of directors of the company instructed the attorney to defend the case. Accordingly, the attorney filed (on behalf of the company) an answer in which the attorney asserted a defense to Ps' claims. Although the attorney was aware that in the prior year the US Supreme Court had rejected the use of that defense for racial and gender discrimination claims, the attorney genuinely and reasonably believed and argued in the answer that the Supreme Court's rejection of that defense should not apply to the factual circumstances of this case. The P's lawyer moved for SJ and for sanctions against the attorney for asserting a frivolous defense. 4 weeks later, the court granted Ps' SJ motion, rejecting the attorney's defense based on the Supreme Court's precedent. The court has not yet ruled on the motion for sanctions. Is the attorney subject to litigation sanction and discipline? A) no, because in asserting the company's defense, the attorney had a good faith argument for a modification or reversal of existing law B) no, because the attorney was following the instructions of the board, which is authorized to direct the attorney in legal matters C) yes, because the attorney should have withdrawn the defense within the time limits prescribed by Rule 11, which is 21 days after service of a motion for sanctions D) yes, because the attorney never should have asserted the defense in light of the Supreme Court's recent rejection of that defense

A) no, because in asserting the company's defense, the attorney had a good faith argument for a modification or reversal of existing law

An attorney is retained by a client to lobby the state in favor of legalizing recreational marijuana. In that state, the cultivation, harvesting, and marketing of marijuana for nonmedicinal purposes and without a doctor's medical prescription is a state crime. The attorney's client is an active cultivator and marketer of recreational marijuana. While the attorney personally believes that recreational marijuana should be legalized, the attorney has been careful not to counsel the client with respect to its cultivation and marketing activities. The attorney has only represented the client in correspondence with and appearances before the state legislator regarding the issue of legalization. In such correspondence and appearances, the attorney has been forthright about acting in a representative capacity but has not volunteered information about the client's illegal cultivation and marketing activities. Is the attorney subject to discipline? A) no, because the attorney is not counseling or assisting the client to commit a crime B) no, because the attorney genuinely believes recreational marijuana should be legalized C) yes, because the client is engaging in continuing illegal conduct D) yes, because the attorney has not volunteered information about the client's illegal cultivation and marketing activities during the attorney's appearances before the state legislature

A) no, because the attorney is not counseling or assisting the client to commit a crime

An attorney, working pro bono, solicited Ps for a potential lawsuit challenging a requirement that pregnant mothers be sterilized to continue receiving government financial assistance. The attorney knew that all of the individuals he solicited were pregnant mothers who would be affected by the requirement. Is the attorney subject to discipline? A) no, because the attorney was working pro bono B) no, because the attorney solicited Ps before he filed the lawsuit C) yes, because the attorney knew that the individuals he solicited were in need of legal services D) yes, because lawyers may never solicit prospective clients

A) no, because the attorney was working pro bono

An attorney spent nearly a decade working in house for a large amusement park. The attorney did all of the Human Resources legal work for the amusement park. This included oversight and review of all hiring policies, including references and background checks, employment contracts, and benefits. Over a year ago, the attorney left the amusement park and joined a multinational law firm as a senior associate in the employment law practice group. Because of a decline in the firm's employment law workload, the attorney began working with other practice groups. Recently, the attorney has been working with the litigation practice group on a nuisance action brought by an adjacent property owner against the amusement park for alleged excessive noise and lighting. The law firm represented the adjacent property owner in the action. Without obtaining the amusement park's informed consent, the attorney assisted with the representation of the adjacent property owner. Is the attorney subject to discipline? A) no, because the attorney's previous work for the amusement park was not substantially related to the nuisance action B) no, because the attorney had not done any work for the amusement park in over a year C) yes, because the attorney failed to obtain informed consent from the amusement park to the representation of the adjacent property owner D) yes, because the attorney breached his duty of loyalty to the amusement park

A) no, because the attorney's previous work for the amusement park was not substantially related to the nuisance action

A criminal defense attorney represents a spiritual leader of a terrorist organization, who is charged in federal court with directing and committing acts of terrorism. The government offers a plea deal, whereby the D will receive a reduced sentence if the D pleads guilty, but only if the attorney also agrees not to voluntarily represent members of any terrorist organization in the future. The attorney believes that this plea agreement is favorable to D. Is this plea agreement proper? A) no, because the proposed plea agreement would restrict the attorney's right to practice B) no, because the attorney must not discriminate among clients based on their political views C) yes, because the restriction on the attorney's right to practice is limited only to representing members of terrorist organizations, and this restriction is justified by national security concerns D) yes, because the attorney believes this plea agreement is in the best interest of the client

A) no, because the proposed plea agreement would restrict the attorney's right to practice

An attorney is properly certified as an immigration law specialist by a state bar organization that provides official certifications. In her advertisements, the attorney describes herself as a "Certified Specialist in Immigration Law" without identifying the certifying organization. The attorney also mentions that she speaks Spanish and Portuguese (besides English) and that her fees are very affordable. Could the attorney be subject to discipline for making such statements in her advertisements? A) yes, because she failed to identify the certifying organization B) yes, because a lawyer should not claim in an advertisement that she has special expertise compared to other lawyers in some area C) no, because this lawyer is indeed a certified specialist D) no, because a lawyer may not obtain a certification in an area of law involving federal statutes

A) yes, because she failed to identify the certifying organization

An attorney's oldest daughter is to begin college this fall at a prestigious university. The attorney did not have enough money to pay the tuition, but did not want the daughter to take out student loans. After sharing this information with a long-time client who owns a successful petroleum engineering firm, the client offered to loan the attorney the money for the tuition with no interest, if the attorney would agree to recommend that the daughter come to work for the client after graduation. The attorney was hesitant, but agreed when the client gave him the money directly, so the daughter would not know of the arrangement. The next day, the attorney prepared a promissory note reflecting what the client and the attorney agreed to and mailed a copy to the client to sign. The client signed the note and returned it to the attorney, who also signed the note and sent the client a fully executed copy. Was the attorney's conduct proper? A) no, because this is an improper business transaction with a client B) no, because the attorney should never have made such an agreement without the daughter's input C) yes, because the loan was the client's idea, not the attorney's D) yes, because the terms of the loan were fair and reasonable to the client

A) no, because this is an improper business transaction with a client

An attorney, who represents a client in connection with a settlement of a dispute over the sale of property, received an email from the lawyer representing the other side. The email attached a document representing the final version of a settlement offer to the attorney's client. The attorney began reading and quickly realized the opposing party's lawyer had mistakenly sent a version of the document with the tracked changes feature enabled, which revealed the following comment inserted by the lawyer's client: "Settling for $100k would be a real home run, but I'm prepared to do to $150k if that's what it takes to get this over with." Under the ethical rules, the attorney must: A) notify the lawyer on the other side B) notify the lawyer on the other side after reading the document C) notify the lawyer on the other side and refuse to continue reading the document D) keep silent about the receipt of the document

A) notify the lawyer on the other side

All of the following are traditional elements of professionalism except: A) representing clients as zealously as possible within the bounds of the law B) expertise that is inaccessible to nonlawyers C) putting the public good above self interest D) significant autonomy from government and market regulation

A) representing clients as zealously as possible within the bounds of the law

An attorney represented a class of Ps in a civil rights case against the State, which offered to provide substantially all of the relief the Ps sought so long as the attorney agreed to waive court-awarded attorney's fees under 42 USC 1988. The attorney agreed to waive her fee award, and the parties settled the case. The Ps later appealed the settlement on the grounds that the demand for a waiver of the court-awarded attorney's fees undermined the important public policy goal of encouraging lawyers to undertake such representations. How is the appeals court likely to rule? A) the court will uphold the settlement because Section 1988 does not prohibit settlement conditioned on waiver of attorney's fees B) the court will uphold the settlement because the lawsuit was a class action C) the court will set the settlement aside because the waiver of attorney's fees is inconsistent with the purpose of encouraging lawyers to undertake such representations D) the court will set the settlement aside because the trial court was prohibited from approving a settlement conditioned on an attorney's waiver of court-awarded fees

A) the court will uphold the settlement because Section 1988 does not prohibit settlement conditioned on waiver of attorney's fees

Attorney advertises on the local TV station. In the advertisements, a professional actor says: "Do you need a lawyer? Call Attorney - her telephone number is area code 555-555-555. Her fees might be lower than you think." Attorney approved the prerecorded advertisement and is keeping in her office files a copy of the recording of the actual transmission and a record of when each transmission was made. Is the advertisement proper? A) yes B) no, unless Attorney's fees are lower than those generally charged in the area where she practices C) no, because she used a professional actor for the TV advertisement D) no, if she makes a charge for the initial consultation

A) yes

A litigation attorney represented Big Bank in a lawsuit involving many complex issues and numerous expert witnesses. At a preliminary hearing, opposing counsel requested a 3-month postponement of the previously scheduled trial date, to allow more time for deposing expert witnesses and the top managers from Big Bank. The attorney for Big Bank acquiesced, relived that the extension of time would allow him to focus on other urgent client maters. The next day, the attorney notified Big Bank that the judge had postponed the trial. Big Bank's directors were frustrated, as they had hoped to resolve the case sooner, and would have objected to the postponement if they attorney had checked in before agreeing to it. On the other hand, Big Bank suffered no financial or reputational harm from the postponement, and the directors had not instructed the attorney to refuse requests for more time. Was it proper for the attorney to agree to the postponement of the trial? A) yes, a lawyer's duty to act with reasonable promptness does not preclude the lawyer from agreeing to a reasonable request for a postponement that will not prejudice the lawyer's client B) yes, the attorney had a duty to accommodate the request for more time, assuming the delay will not prejudice the lawyer's client C) no, the Model Rules require lawyers to act with reasonable diligence and promptness in representing a client D) no, because a client's interests suffer by the passage of time or the change of conditions, and unreasonable delay can cause a client needless anxiety and undermine confidence in the lawyer's trustworthiness

A) yes, a lawyer's duty to act with reasonable promptness does not preclude the lawyer from agreeing to a reasonable request for a postponement that will not prejudice the lawyer's client

A D faced criminal charges for running a Ponzi scheme and an elaborate conspiracy to help others commit tax fraud. The government seized all his accounts and assets, so he had no funds to hire defense counsel. The court, therefore, appointed a local attorney to represent the D in the case. The attorney had spent his entire career up to that point exclusively handling traffic-court charges and driving while intoxicated cases. Realizing that the complex case was far outside his range of experience or ability, the attorney tried to decline the appointment, but the court required a showing of incompetence. The attorney followed through with the showing and the court granted the request to withdraw. Were the attorney's actions proper? A) yes, an attorney can seek withdrawal for good cause, such as lack of competence to handle certain specialized legal matters B) yes, because an appointed attorney may withdraw at any time for any reason C) no, because an attorney does not have to be an expert in a specific field of law to provide competent representation D) no, the attorney has not sufficiently proven good cause for withdrawal

A) yes, an attorney can seek withdrawal for good cause, such as lack of competence to handle certain specialized legal matters

Attorney Alpha represents P in a personal injury action against D, who is represented by Attorney Beta. Alpha had heard that D was anxious to settle the case and believed that Beta had not informed D of a reasonable settlement offer made by Alpha. Alpha instructed Alpha's nonlawyer investigator, Inv, to tell D about the settlement offer so Alpha could be sure that Beta does not force the case to trial merely to increase Beta's fee. Inv talked to D as instructed. Is Alpha subject to discipline? A) yes, because D was represented by counsel B) yes, because Alpha was assisting Inv in the unauthorized practice of law C) no, because Inv is not a lawyer D) no, if Alpha reasonably believed Beta was not keeping D informed

A) yes, because D was represented by counsel

An attorney agreed to prepare a will for a client, a wealthy widow with 3 grown children. An earlier will divided her estate equally between her children, but the client now wants to modify the will to disinherit her only daughter, who disobeyed the client's wishes by marrying outside their nationality. The daughter is also a lawyer and is married to a lawyer, and the estate is substantial. The client's 2 sons are both working as manual laborers and they struggle financially. In the past, there had been some tension between the brothers and their sister, although the relationships seem to be cordial now. The attorney believes that disinheriting the daughter will ensure that the daughter and her husband will contest the will after the client's death, and will rupture the tenuous relationship between the siblings. The client did not ask for the attorney's advice about disinheriting the daughter, she just insisted on it. The attorney initiated a debate about it, explaining that he believed it could be against the client's best interests and would cause unnecessary acrimony between her children. Was it proper for the attorney to initiate such advice when the client did not ask for it? A) yes, because a lawyer may offer unsolicited advice to a client when doing so appears to be in the client's interest B) yes, because a lawyer has a duty to refer not only to law but also to other considerations such as moral factors that may be relevant to the client's situation C) no, because a lawyer is not expected to give advice until asked by the client, and should normally wait until asked for such advice, especially when the advice is not strictly a statement of the law on a subject D) no, because a testator has a sacred right to devise her estate as she wishes

A) yes, because a lawyer may offer unsolicited advice to a client when doing so appears to be in the client's interest

An assistant county prosecutor worked with the sheriff to investigate a drug-related murder. Several informants passed along rumors that the murder was committed by a local shopkeeper. Although the prosecutor knew the rumors did not amount to probable cause to believe the shopkeeper committed, the murder, the investigation did uncover sufficient evidence to convict the shopkeeper of rarely-enforced misdemeanor provisions governing the disposal of trash. In the prosecutor's jurisdiction, the prosecutor may file criminal charges without obtaining an indictment by a grand jury. The prosecutor filed charges alleging the shopkeeper committed the murder in violation of a felony provision and that he violated misdemeanor provisions. After the sheriff arrested the shopkeeper, the prosecutor undertook the prosecution in the hope that witnesses would come forward with admissible evidence of the shopkeeper's role in the murder. Is the prosecutor subject to discipline? A) yes, because he prosecuted a murder charge he knew was not supported by probable cause B) yes, because he prosecuted misdemeanor charges as a pretext for punishing the shopkeeper for a more serious crime for which there was insufficient evidence C) no, because the rumors of the shopkeeper's commission of the murder justified initiating prosecution with the hope that witnesses would come forward with admissible evidence D) no, because there was sufficient evidence to convict the shopkeeper of the misdemeanor provisions

A) yes, because he prosecuted a murder charge he knew was not supported by probable cause

An attorney is a certified specialist in family law and a partner in a law firm that practices family law exclusively. The attorney was working very late one night when she received a telephone call from one of her clients who had been arrested and was currently in jail. The client told the attorney that he was claustrophobic and begged the attorney to try to get him released on bail. The attorney advised the client that the attorney did not have any criminal law expertise and did not handle criminal cases. The client said that he had now used his one free phone call and pleaded with the attorney to come to the police station and see what the attorney could do to get him out on bail. Because the attorney lived relatively close to the police station and the client was distraught, the attorney went to the police station to try to secure the client's release. As a result of the attorney's lack of experience, the attorney was unable to secure the client's release. The next morning, the attorney found an experienced criminal lawyer who obtained the client's release within one hour. Was the attorney's conduct proper? A) yes, because neither referral to another lawyer nor consultation with another lawyer was practical under the circumstances B) yes, because the attorney did not charge the client for his services C) no, because the attorney did not have the legal knowledge and skill necessary to handle this criminal case D) no, because the attorney was not able to secure the client's release on bail

A) yes, because neither referral to another lawyer nor consultation with another lawyer was practical under the circumstances

A law firm represented a savings and loan association in connection with an investigation conducted by a federal regulatory agency. The law firm was engaged in settlement discussions with the agency. An associate of the law firm brought to a partner's attention the fact that a board resolution that the law firm had previously prepared and filed with the agency had been backdated to give the appearance of contemporaneous board approval. The associate correctly believed that backdating materially violated a civil obligation of the corporation and that the knowing failure to correct the backdating in documents used and referred to in settlement discussions with the agency would amount to a fraud against the agency in any settlement concluded with the agency. After reviewing the relevant law and rules, the partner honestly but unreasonably concluded that it was proper not to correct the backdating and instructed the associate to proceed with the discussions as if no backdating had occurred. The associate believed that the partner had mistakenly applied the law and that the partner's interpretation was unreasonable. In discussions with the agency, the associate abided by the partner's instruction to continue referring to the incorrect date and withholding from the agency the date on which the resolution was actually signed. Is the associate subject to discipline? A) yes, because the associate made a false statement of material fact to the agency B) yes, because the associate was not entitled to rely on the partner's determination because the associate did not have a follow-up conversation with the partner C) no, because the associate acted at the direction of the partner when the associate referred to the incorrect date in settlement discussions with the agency D) no, because the associate acted reasonably in light of the associate's relative lack of experience

A) yes, because the associate made a false statement of material fact to the agency

An attorney represented a client who was injured in a car accident while driving a car. The attorney negotiated and the client signed a settlement agreement with the client's insurance company in which the client provided a general release of all of the client's personal injury protection or PIP benefits. After this settlement agreement was signed, the client received an additional medical bill that the insurance company normally would have had to pay as part of the client's PIP insurance benefits. The attorney concluded that she had been negligent in drafting the settlement agreement because a competent lawyer would not have had her client the driver sign a general release of PIP benefits, but would have listed the specific medical bills (PIP benefits) covered by the release. The attorney disclosed the negligence to the driver, and said that if the driver agreed to settle this malpractice claim, the attorney would reimburse the driver for the new medical bill and for any future medical bills. The attorney reasonably believed that this proposed settlement was fair to the driver. The attorney advised the driver, in writing, to seek independent representation before entering this settlement agreement and gave the driver time to retain independent counsel. The driver did not retain independent counsel, but did sign the settlement agreement. Was the attorney's conduct proper? A) yes, because the attorney advised the driver in writing to seek independent representation before entering the settlement agreement and gave the driver time to retain independent counsel B) yes, because the attorney initiated the settlement discussions with the driver C) no, because the attorney, rather than another lawyer, drafted the agreement that settled the driver's potential malpractice claim D) no, because the driver was not independently represented when signing the settlement agreement with the attorney

A) yes, because the attorney advised the driver in writing to seek independent representation before entering the settlement agreement and gave the driver time to retain independent counsel

An attorney entered into a written engagement agreement with a client in a divorce proceeding. The client agreed in writing to provide the attorney 10% of the final settlement if the divorce was finalized within 3 months. The attorney secured a one-million dollar settlement 2 weeks prior to the deadline and sent the client a bill for $100k. The client happily paid the bill, thanking the attorney for handling the matter efficiently. Is the attorney subject to discipline for entering into this agreement? A) yes, because the attorney agreed to a fee contingent on the securing of a divorce B) yes, because $100k was not a reasonable fee for the legal services rendered C) no, because the client was happy with the attorney's legal services D) no, because the client agreed in writing to the contingent-fee agreement

A) yes, because the attorney agreed to a fee contingent on the securing of a divorce

An attorney represented a company on transactional matters. After the US Securities and Exchange Commission advised the company that it was the subject of an investigation, the company asked the attorney if the attorney would represent it in the SEC investigation. The attorney declined to do so and the company retained other counsel. Nonetheless, from time to time, the company's representatives asked the attorney legal questions about the SEC investigation and the attorney provided off-the-cuff answers. Does the attorney have a lawyer-client relationship with the company for purposes of the SEC investigation? A) yes, because the attorney answered the company's legal questions when the attorney knew or reasonably should have known that the company would reasonably rely on the attorney's answers B) yes, because the attorney previously represented company in its transactional work C) no, because the attorney declined to represent company in the SEC investigation D) no, because the company did not pay the attorney to represent it in the SEC matter

A) yes, because the attorney answered the company's legal questions when the attorney knew or reasonably should have known that the company would reasonably rely on the attorney's answers

An inventor retained an attorney to help the client file a patent. The inventor told the attorney that time was of the essence because there were competitors with similar ideas. The attorney and the inventor signed a retainer agreement that set forth the attorney's hourly rate and agreed that the attorney would bill the inventor monthly. After spending significant time researching the client's potential patent, the attorney concluded that the inventor had a reasonable chance of success. The attorney sent a bill to the client, but through no fault of client's, the bills were not delivered (and were not returned to the attorney). During the six months that the attorney was not paid, the attorney did no further work on the investor's potential patent. In month seven, the inventor called the attorney and asked if the patent had been awarded. The attorney explained that the attorney had not worked on the patent during the past six months because the client's bill was outstanding. The inventor hand-delivered a check that same day. Upon receiving the investor's check, the attorney resumed work on the patent. The attorney checked and saw that no one had filed a similar or identical patent during the past six months. The attorney filed the patent application and took the necessary steps so that the inventor could issue her invention with the label "patent pending." Is the attorney subject to discipline? A) yes, because the attorney did not work on the investor's patent for six months B) yes, because the attorney did not seek permission from a tribunal to withdraw from the representation C) no, because a client cannot compel an attorney to work without payment D) no, because the client did not sustain any harm as a result of the attorney's action

A) yes, because the attorney did not work on the investor's patent for six months

An attorney has been friends with a lawyer since their days as law school classmates. Recently, when she met with him during the workday, she smelled alcohol on his breath. She noticed him being nasty and abusive to colleagues, adversary lawyers, and even, on occasion, to clients. She recently litigated a case against him where his performance failed to meet even minimum standards as a matter of competence. The attorney then recommended to the lawyer that he seek help from the bar's lawyer assistance program for his alcohol problem. The lawyer angrily refused. Worried that any further action might jeopardize her longstanding friendship with the lawyer, the attorney does nothing. Is the attorney subject to discipline? A) yes, because the attorney failed to inform the appropriate authorities about the lawyer's conduct B) yes, because the attorney did not ask the client in her recent case whether the client wanted her to inform the appropriate authorities C) no, because the attorney suggested the lawyer seek help from a lawyer assistance program D) no, because the attorney reasonably feared the lawyer would end their friendship if she reported him

A) yes, because the attorney failed to inform the appropriate authorities about the lawyer's conduct

An attorney, who is a certified elder law specialist, entered a partnership with a certified financial planner. The partnership provided legal and other assistance to clients in connection with issues related to aging. The attorney did not allow the certified financial planner to interfere with the attorney's independent legal judgment. The financial planner performed only work that she was authorized to perform as a certified financial planner. Is the attorney subject to discipline? A) yes, because the attorney formed a partnership with a certified financial planner and some of the activities of this partnership consisted of the practice of law B) yes, because the attorney's clients are subject to undue influence if they receive their legal services and financial planning at the same time C) no, because it is in the best interests of the attorney's clients to receive coordinated advice about both legal services and financial planning D) no, because the attorney did not allow the certified financial planner to interfere with the attorney's independent legal judgment

A) yes, because the attorney formed a partnership with a certified financial planner and some of the activities of this partnership consisted of the practice of law

An attorney is admitted in State A and works in the State A office of a personal injury law firm that has offices in States A and C. With the firm's permission, the attorney decides to relocate and practice full-time in the firm's office in State C. The attorney gives advice to clients, signs correspondence, and negotiates transactions on behalf of clients. The attorney is supervised by a State C admitted partner who meets periodically with the attorney to review her work. Is the attorney subject to discipline? A) yes, because the attorney has a systematic and continuous presence in State C, where she performs legal work B) yes, because the attorney did not obtain informed consent from her clients before performing work in State C C) no, because the attorney's work is undertaken in association with a lawyer who is admitted to practice in State C who actively participates in the matter D) no, because the attorney's work is reasonably related to attorney's practice in State A

A) yes, because the attorney has a systematic and continuous presence in State C, where she performs legal work

An attorney represents a client in a sexual harassment claim against her former boss, a west cost software company executive. The attorney learned from the client that another former employee of the software company was an eyewitness to the alleged incidents of sexual harassment. That witness, however, had moved back east to live with his ailing parents. The attorney contacted and interviewed the witness and ultimately concluded the witness's testimony would be helpful to the client's case. The attorney asked the witness to travel back to the west coast to testify at trial. The witness complained that as a salaried employee, he would lose income from traveling to the west coast for trial. As a result, the attorney offered to pay for the witness's actual travel expenses, the witness's lost income from his employment, and $200 in the event that the client recovers from the D. The witness accepted the offer. Is the attorney subject to discipline? A) yes, because the attorney may not pay the witness the $200 contingent fee B) yes, because the attorney may not enter into a contract with a witness to appear in court C) no, because the attorney may offer an inducement to a witness in exchange for favorable testimony D) no, because the amount promised to the witness for appearing and testifying was reasonable

A) yes, because the attorney may not pay the witness the $200 contingent fee

A client is a citizen of a foreign country known for corruption. The client asks an attorney with whom he previously had no professional relationship to help the client purchase an expensive apartment with cash. During a meeting to discuss the details of this purchase, the client tells the attorney that the client would like to structure the purchase so that it would be very difficult if not impossible for someone to find out that the client purchased the property. When the attorney asked why, the client winked and said "I don't like the government knowing what I am doing." The attorney agreed to accept the representation and said that he would structure the transaction so that the client was the sole shareholder in a corporation which owned another corporation which purchased the apartment with cash. This corporate structure made it extremely difficult for anyone to determine the client's identity as the purchaser of the property. The client had stolen the funds that would be used to purchase the apartment. Is the attorney subject to discipline? A) yes, because the attorney must reject the representation since the client is engaged in criminal money laundering activities B) yes, because an attorney may never represent a foreign citizen C) no, because an attorney may assist a client to create multiple corporations, including shell corporation, even if the client's goal is to invest the proceeds of crime in a manner that makes it difficult to trace those proceeds D) no, because an attorney only violates 18 USC §1956 if the attorney conceals the proceeds of his own crime

A) yes, because the attorney must reject the representation since the client is engaged in criminal money laundering activities

An attorney represents a famous actress who is being prosecuted for the brutal murder of her husband. The case is being tried before a jury. After police officers took the stand and testified as to what they saw at the scene of the crime, the court recessed. During the court recess, the attorney held a press conference on the courthouse steps. Before TV cameras, the attorney said, "We expect to prove that my client had nothing to do with this man's death. In fact, we have definitive forensic evidence that proves beyond nay doubt that my client is not the killer. We do not know who the real killer is but we have reason to believe, based on the nature of the heinous crime, that this person is very dangerous. If anyone has any information relating to the killing, please contact us immediately so we can bring the real killers to justice." Is the attorney subject to discipline? A) yes, because the attorney should not have made the statement regarding proof based on forensic evidence, as that statement has a substantial likelihood of being materially prejudicial B) yes, because the attorney inappropriately made melodramatic statements about the dangerousness of the real killer C) no, because the attorney was acting appropriately as a zealous advocate for the client D) no, because criminal defense attorneys are granted a wide range of discretion with respect to extra-judicial statements

A) yes, because the attorney should not have made the statement regarding proof based on forensic evidence, as that statement has a substantial likelihood of being materially prejudicial

The perspectives on professionalism in the readings reflect all of the following views EXCEPT: A) only the business-profession dichotomy explains lawyers' high ethical standards B) the business-profession dichotomy is no longer persuasive C) most lawyers continue to believe in the business-profession dichotomy D) the business-profession dichotomy is not necessary to high ethical standards

C) most lawyers continue to believe in the business-profession dichotomy

An attorney was asked by a partner in the law firm to work with a long-time client of the firm who had retained the firm to file a lawsuit against the client's landlord, alleging violation of the implied warranty of habitability. The partner told the attorney that because the partner was afraid that the statute of limitations was about to expire, the partner had filed a lawsuit on behalf of the client hurriedly last week. The only thing the partner knew about the underlying situation was that the client said the landlord was violating a warranty of habitability. When the attorney interviewed the client to get more details, the client told the attorney that the landlord was shooting invisible but dangerous gamma rays into the apartment. the client offered no scientific evidence for this contention. The client told the attorney that so long as there are gamma rays being shot into the apartment, the client will refuse to pay rent, even if it means being evicted and becoming homeless. The attorney tried to persuade the client that the client was mistaken and advised the client to pay rent. The client angrily rejected this suggestion. The attorney reasonably believes that the client has diminished capacity. The attorney took the following action: 1) asking. the court's permission to withdraw from representing client in the implied warranty of habitability lawsuits; 2) consulting with the client's out-of-state daughter and sharing the information the attorney learned; and 3) preparing to file an action that seeks appointment of a guardian for the client in the event it is necessary. Was the attorney's conduct proper? A) yes, because the attorney was entitled to take the described action to protect a client with diminished capacity from foreseeable harm B) yes, because the attorney was worried that the statute of limitations was about to expire C) no, because the proposed action would violate the duty of confidentiality that the attorney owes to the client D) no, because the proposed action would violate the duty of loyalty that the attorney owes to the client

A) yes, because the attorney was entitled to take the described action to protect a client with diminished capacity from foreseeable harm

An attorney received a $10k retainer from a client for a new matter, and promptly placed the money in her client trust account. The attorney anticipated doing at least 10 hours of work per week on the matter over the next 4 weeks. Her standard rate is $250/hour. To cover some unusual office expenses that month, the attorney decided to transfer $2k of anticipated earnings from the client's matter into an account used for business expenses. The attorney explained to the client that the $2k had been moved from her client trust account. The client approved and, as the attorney expected, the matter did in fact require 10 hours of time each week for 4 weeks. Is the attorney subject to discipline? A) yes, because the attorney withdrew money from her client trust account before the fees were earned or expenses incurred B) yes, because lawyers are not permitted to use client funds to pay business expenses C) no, because the client approved of the attorney's conduct D) no, because the attorney accurately predicted the number of hours that would be worked over the 4 weeks

A) yes, because the attorney withdrew money from her client trust account before the fees were earned or expenses incurred

An attorney agreed to represent a P in a personal injury lawsuit, and the client agreed to pay the attorney a contingent fee based on a percentage of the award in the case. The attorney put all the terms of the fee agreement in written form in a letter to the client. The letter explained the percentage that should accrue to the attorney the event of settlement, trial, or appeal; litigation and other expenses that the attorney would deduct from the recovery; and that such deductions would come out of the total before the calculation of the contingent fee. The letter also explained all potential expenses for which the client could be liable, if the client prevailed in the case or not. The client received the letter, read it carefully, and called the attorney to give verbal assent and confirmation to all the terms. The client's spouse later discarded the letter, and the attorney proceeded with the representation. Could the attorney be subject to discipline, based on these facts? A) yes, because the client did not sign the fee agreement B) yes, because the attorney arranged to deduct expenses from the total award before the calculation of the contingent fee, rather than after the determination of the fee C) no, because the letter constituted a written fee agreement stipulating all the terms of the contingent fee arrangement, and the client gave full consent and authorization over the phone D) no, under the Model Rules, a written fee agreement signed by the client is preferable but not a requirement

A) yes, because the client did not sign the fee agreement

Four lawyers formed a partnership and named it Alpha & Partners, using the last name of the most senior partner, Attorney Alpha. Over the next 2 decades, one partner died, another retired, and the third moved laterally to a new firm, leaving only one partner remaining, Attorney Alpha. Attorney Alpha did not change the firm's name even though no other partners remained. He believed the name was still accurate because the paralegals and assistants working at the law firm were essentially his partners when they assisted with cases. Is Attorney Alpha subject to discipline? A) yes, because the departure of this 3 partners makes the firm name misleading B) yes, because firms organized as partnerships must include the name of at least 2 partners C) no, because Attorney Alpha remained at the firm and only his name appeared in the firm's name D) no, because the paralegals were essentially Attorney Alpha's partners when they assisted with cases

A) yes, because the departure of this 3 partners makes the firm name misleading

After the Ps in a civil rights class action won a lengthy, difficult case against the State, the judge entered an award for attorney's fees under the applicable federal fee-shifting statute based upon the lodestar, which is determined by multiplying the number of hours worked by the customary hourly rate. The judge felt the amount was far too low given the time and effort expended by the Ps' attorneys over many years, during which they went uncompensated and were forced to cover substantial expenses. May the judge award the attorneys additional compensation? A) yes, because the lodestar may be increased due to superior performance and results provided that the judge identifies extraordinary circumstances to justify the enhancement B) yes, because the lodestar may be increased at the judge's discretion C) no, because a judge does not have authority to award a fee enhancement under federal fee-shifting statutes. D) no, because the judge did not have a sufficiently compelling reason to enhance the fees in this case

A) yes, because the lodestar may be increased due to superior performance and results provided that the judge identifies extraordinary circumstances to justify the enhancement

Attorney filed an action on behalf of Client for breach of contract. In fact, Client had no legal basis for the suit, but wanted to harass D. In order to induce Attorney to file the action, Client made certain false statements of material fact to Attorney, which Attorney included in the complaint filed against D. At the trial of the case, Client took the stand and testified as set forth in the complaint. The trial court ordered judgment for Client. After entry of judgment, Client wrote Attorney a letter marked "confidential" in which Client admitted that she had lied to Attorney and had testified falsely in the case. Upon complaint of D, who claimed Attorney had knowingly used false testimony in the case of Client v. D, disciplinary proceedings were instituted against Attorney. Is it proper for Attorney to use Client's letter to Attorney in Attorney's defense in the disciplinary proceedings? A) yes, if it is necessary to do so in order to protect Attorney's rights B) yes, because Client had committed a fraud on the court in which the case was tried C) no, because Attorney learned the facts from Client in confidence D) no, if disclosure by Attorney could result in Client's prosecution for perjury

A) yes, if it is necessary to do so in order to protect Attorney's rights

A librarian was prosecuted for murdering a businessman. The case against the librarian rested primarily on the testimony of an eyewitness whose kitchen window overlooked the murder scene. The witness testified that he heard the gunshot, looked out the window, and saw the librarian standing over the V. Based on this testimony, the librarian was found guilty and sentenced to life imprisonment. 3 years later, the police arrested a drug dealer who looked like the librarian. Forensic tests on a gun found in the drug dealer's possession established that it was the same gun that fired the shot that had killed the businessman. The police presented what they learned to the elected prosecutor whose office had successfully prosecuted the librarian. The prosecutor acknowledged that there was a significant likelihood that the librarian had not shot the businessman. But the prosecutor concluded that the evidence of the librarian's innocence was not clear and convincing because the drug dealer may have acquired the gun after the librarian used it or the forensic evidence connecting the gun to the businessman's shooting may be inaccurate. Therefore, the prosecutor decided to take no action. Is the prosecutor subject to discipline? A) yes, because the prosecutor failed to disclose the new exculpatory evidence to the D and to conduct further investigation to determine whether the librarian was innocent B) yes, because the prosecutor did not seek to set aside the librarian's conviction C) no, because there was not clear and convincing evidence that the librarian was wrongly convicted D) no, because a prosecutor has no further obligations in a case once the D has been convicted and sentenced

A) yes, because the prosecutor failed to disclose the new exculpatory evidence to the D and to conduct further investigation to determine whether the librarian was innocent

The police apprehended a D who confessed to a murder. At a press conference convened the day after the D's confession, the prosecutor said, "We have a murder confession from the individual we apprehended, and this individual provided incredible details that only the murderer would have known. We're very confident that we have apprehended the right person." The day after the press conference, the police filed charges against the D for murder. The filed statement of charges stated: "The D provided a full and detailed account of the assault and murder...The D provided details about the murder that would only be known by the perpetuator of the crime." Is the prosecutor subject to discipline? A) yes, because the prosecutor should not have made the statement regarding the confession as that statement has a substantial likelihood of materially prejudicing an adjudicative proceeding B) yes, because a prosecutor should never announce that a D has confessed C) no, because the error was harmless because the prosecutor's statement appeared in the charges against D D) no, because the prosecutor's statement regarding the confession is protected under the safe harbor provisions of the rule governing trial publicity

A) yes, because the prosecutor should not have made the statement regarding the confession as that statement has a substantial likelihood of materially prejudicing an adjudicative proceeding

In a murder prosecution, the case against the D rests primarily on the testimony of a single eyewitness. The shooting occurred at dusk on a quiet suburban street. The eyewitness, whose house looked out on the scene of the crime, telephoned the police right after the shooting and, when they arrived, said that he heard a gunshot, looked out the window, and saw a man with a gun in his hand standing over the victim. The eyewitness said he recognized the man as the D, who lived in the neighborhood. Shortly before the scheduled trial date, the eyewitness told the prosecutor that he was recanting his earlier statement, and that he had not really gotten a good look at the shooter. The prosecutor did not tell anyone about the eyewitness's recantation because she believed that the eyewitness's original identification was truthful and that he was now changing his story because he was afraid of the D. At trial, the eyewitness identified the D as the shooter and there was no mention of the eyewitness's earlier recantation. The jury found the D guilty. However, before sentencing, the defense lawyer learned about the eyewitness's recantation and moved for a new trial. The defense lawyer correctly alleged that, although the jury would not necessarily have acquitted if it had heard about the eyewitness's recantation, there was a reasonable probability that the verdict would have been different. Is the court likely to grant a new trial? A) yes, because the prosecutor violated her constitutional duty to disclose exculpatory evidence B) yes, because the prosecutor violated her ethical duty to disclose evidence helpful to the accused C) no, because it is defense counsel's responsibility in a criminal case to locate exculpatory evidence D) no, because the jury would not necessarily have acquitted if it had heard about the eyewitness's recantation

A) yes, because the prosecutor violated her constitutional duty to disclose exculpatory evidence

In defending a major securities fraud action, a law firm used outside contract lawyers whom it paid $100 per hour. However, the firm billed the client $150 per hour for work performed by the lawyers on the case. The $150 per hour billable rate and the overall amount charged to the client for the contract lawyers' work were reasonable. The firm did not memorialize its fee arrangement with the client in writing. Was the firm's fee arrangement with the client proper? A) yes, because the rate billed to the client and overall amount charged were reasonable B) yes, because law firms have broad discretion in billing for work performed by outside contract lawyers C) no, because the firm must bill the client $100 per hour, consistent with the contract lawyers' hourly rate of pay D) no, because the firm did not memorialize its fee arrangement with the client in writing

A) yes, because the rate billed to the client and overall amount charged were reasonable

An attorney lawyer is representing a client who has been charged with murder. The murder weapon, a gun, has never been found. In a conference with the attorney, the client says: "I'm worried about them finding that gun. I can't se any way out other than to get rid of it. I'm going to throw it in the swamp tonight; they'll never find it there." After the client leaves, the attorney calls the police and tells them about the client's plan. The police then follow the client and arrest the client just before the client is going to throw the gun away. Is the attorney subject to discipline? A) yes, because there is no exception to the duty of confidentiality under these circumstances B) no, because the attorney should not have to sit silently while the client commits a future crime C) no, because the information was not privileged because the client was not seeking legal advice D) no, because disposing of a weapon could lead to death or serious bodily harm

A) yes, because there is no exception to the duty of confidentiality under these circumstances

An attorney was a judge for several years. Near the end of her tenure as a judge, she functioned in the role of the chief administrative judge in that court, assigning cases to the other judges and supervising their work, and had only a limited docket of her own trials. The attorney then left the bench and opened her own law practice. The attorney agrees to represent the client in a matter in the same courthouse where the attorney formerly served as a judge. The attorney even remembers the case, but only the names of the parties and the nature of the action, because she assigned to it the trial judge who currently has the case on his docket, but the attorney had no other involvement in the matter. The client's previous lawyer in the matter was subject to disqualification at the motion of the opposing party due to a conflict of interest. Is it proper for the attorney to represent the client in this matter? A) yes, the fact that a former judge exercised administrative responsibility in a court does not prevent the former judge from acting as a lawyer in a matter where the judge had previously exercised remote or incidental administrative responsibility that did not affect the merits B) yes, as long as all parties to the matter provide informed consent, confirmed in writing, to the representation C) no, because she previously supervised the trial judge hearing the case, and even assigned the case to that judge D) no, because the client's previous lawyer was already subject to disqualification due to a conflict of interest in the matter

A) yes, the fact that a former judge exercised administrative responsibility in a court does not prevent the former judge from acting as a lawyer in a matter where the judge had previously exercised remote or incidental administrative responsibility that did not affect the merits

An insurer retained an attorney to represent it in a matter and requested a retainer agreement that limited the representation to matters related to the insurance coverage. The insurance was a homeowner's policy for damage to the policyholder's residential real estate and included a rider for premises liability. The incident that triggered the claim, however, involved the brutal murder of a woman and her 2 young children across the street from the house in a neighbor's driveway. Due to the limited scope of his representation, however, the attorney ignored the horrific deaths and the fact that the known killer had escaped conviction on a technicality. In a cool and calculated matter, the attorney focused his work exclusively on the property damage from the incident and the premises liability and obtained a favorable outcome for the insurer. Was it proper for the attorney to limit the scope of his representation in this way? A) yes, when an insurer retains a lawyer to represent an insured, the representation may be limited to matter related to the insurance coverage; a limited representation may be appropriate because the client has limited objectives for the representation B) yes, because investigating the murder after the suspected killer obtained a conviction would violate the double jeopardy clause of the Constitution C) no, because a lawyer may limit the scope of the representation only if the limitation is reasonable under the circumstances and the client gives informed consent, and here the limitation was not reasonable D) no, because an attorney has a duty to investigate and discover the truth about what happened, and it would violate public policy to allow lawyers to act in a cool and calculated manner when human lives are at stake

A) yes, when an insurer retains a lawyer to represent an insured, the representation may be limited to matter related to the insurance coverage; a limited representation may be appropriate because the client has limited objectives for the representation

A criminal defense attorney used publicly available police report data to contact arrested persons whom the attorney had represented in the past and who might need legal representation again. The attorney sent the following text message to the former clients, using cell phone numbers obtained from the police records: "Do you need a lawyer? Police records show you were arrested last night. I have represented you before, and I am available to help you. Reply to this text 24/7 for more information." Is the attorney subject to discipline? A) yes, because the attorney solicited legal business from persons known to be in need of legal services B) yes, because the attorney solicited legal business from persons who were not current clients C) no, because lawyers are always permitted to solicit prospective clients by text D) no, because the attorney solicited former clients

B) yes, because the attorney solicited legal business from persons who were not current clients

A client paid an attorney a $10k retainer to defend the client in a property dispute with a neighbor. The attorney promptly deposited the funds into his client trust account. The day after receiving the retainer, the attorney spent 10 hours on the matter, primarily conducting research. Late that evening, the client sent the attorney the following message: "Please don't perform any work on my property dispute matter. My neighbor has agreed to settle." The attorney subsequently sent the client a bill for $2k for his 10 hours of work on the matter at his standard hourly rate of $200. The client refused to pay the bill and demanded a full refund of the $10k because the attorney's work was not necessary. What should the attorney do with the $10k? A) transfer $2k to the attorney's operating account and return $8k to the client B) leave $2k in the client trust account until the fee dispute is resolved and return $8k to the client C) keep the full $10k in the client trust account until the fee dispute is resolved D) return the entire $10k to the client

B) leave $2k in the client trust account until the fee dispute is resolved and return $8k to the client

The ABA Model Rules of Professional Conduct are: A) binding on attorneys in all jurisdictions B) models which jurisdictions can accept, reject, or modify C) binding only on members of the ABA D) the only legal standards governing lawyer conduct

B) models which jurisdictions can accept, reject, or modify

For the past 3 months, an attorney has represented a local manufacturing company in a contract dispute with the company's landlord. Last week, an employee of the manufacturing company asked the attorney to represent the employee in an action against the manufacturing company for failing to comply with wage and hour laws. The contract dispute and the wage and hour matter have no common issues of law or fact, and the attorney reasonably believes he can competently represent the clients in the respective matters. The attorney accepted and began representation of the employee in the wage and hour matter after both the employee and the manufacturing company provided informed consent in writing. Is the attorney subject to discipline? A) no, because the attorney is confident the lease negotiations and wage and hour matter have no common issues B) no, because both the employe and the manufacturing company gave informed consent to the representation C) yes, because the employee and the manufacturing company are directly adverse D) yes, because the new client is an employee of the manufacturing company

B) no, because both the employe and the manufacturing company gave informed consent to the representation

An associate at a large law firm is working on a transaction for a corporation. The associate works regularly with another lawyer, the corporation's in-house general counsel who is supervising the matter. Their working relationship grew into a close personal and eventually a sexual relationship. Before the sexual aspect of their relationship began, however, the associate stopped working on the matter and transferred it to another lawyer in the firm. Is the associate subject to discipline? A) no, because the corporation's general counsel was also a lawyer B) no, because the associate stopped representing the corporation before the sexual aspect of his relationship with the corporation's general counsel began C) yes, because the associate transferred the matter to another lawyer in the firm D) yes, because the associate had a close personal relationship with the corporation's general counsel while representing the corporation

B) no, because the associate stopped representing the corporation before the sexual aspect of his relationship with the corporation's general counsel began

A member of a national gun rights organization was being criminally prosecuted for assaulting a member of a national gun control organization during a protect march. During closing arguments to the jury, the defense attorney, who was a member of the gun rights organization, said to the jury: "As a juror, you have a unique opportunity to defend your 2nd Amendment rights. Do you want a world where only thieves have guns? I certainly don't. As a proud gun owner for 20 years, I personally cherish our 2nd Amendment rights to own guns as the last bastion of liberty. Therefore, I support my client who was merely asserting his 2nd Amendment right. You should too." Was the defense attorney's statement proper? A) no, because the attorney attempted to influence the jurors with emotion B) no, because the attorney asserted a personal opinion as to the justness of the cause of the 2nd Amendment C) yes, because the attorney properly reminded the jury of their solemn responsibility in the case D) yes, because the attorney genuinely believes in the justness of the 2nd Amendment cause

B) no, because the attorney asserted a personal opinion as to the justness of the cause of the 2nd Amendment

A mother and daughter are partners in a business venture to develop a software program. Their business is not incorporated, but is a general partnership, with a partnership agreement. The daughter is the primary creative contributor and the mother is the primary business contributor. The mother wants to retire, but their partnership agreement is unclear about certain issues related to the financial settlement upon dissolution. State law is also ambiguous on these issues. The mother and daughter both want an amicable dissolution, and they agree on what constitutes a fair distribution of the partnership assets. They obtained a dissolution agreement from a legal website, tailored it to their situation, and executed it. To ensure the agreement was legally enforceable, they wanted a lawyers opinion. A good friend has been the attorney for the partnership since its inception and had provided individual representation to the mother in her estate planning and the daughter in a personal injury lawsuit. The mother and daughter met with the attorney together and asked if he would review the dissolution agreement for enforceability. During this meeting, the attorney advised the mother and daughter that he would be representing each of them equally in reviewing the agreement and that their communications with him would not be confidential from one another. The attorney also told the 2 women that if they began to disagree on how to distribute the partnership assets, or if any other conflict arose, the attorney would withdraw from the representation. Reasonably believing he could competently and diligently carry out the representation, the attorney prepared an engagement agreement detailing these terms, which the mother and daughter signed. The attorney did not inform the mother and daughter of the desirability of seeking the advice of independent legal counsel before signing the agreement. Is the attorney subject to discipline? A) no, because lawyers should, when possible, review legal documents that originate from websites B) no, because the attorney reasonably believed he could provide competent and diligent representation C) yes, because the attorney previously represented the mother and daughter in other matters D) yes, because the attorney did not inform the mother and daughter of the desirability of seeking the advice of independent legal counsel before signing the agreement

B) no, because the attorney reasonably believed he could provide competent and diligent representation

A client who spoke only Spanish hired a local attorney who spoke English and no other languages. The client used an interpreter to communicate an otherwise privileged message to the attorney. The interpreter was an acquaintance of the client. The opposing party later tried to have the interpreter testify at trial about the contents of the conversation he interpreted. The attorney objected that the information falls under the protection of attorney-client privilege. Is the attorney correct? A) yes, but only if the interpreter signed a nondisclosure agreement and understood that the conversation was privileged B) yes, because the interpreter acted as an agent of the client in facilitating the provision of legal services C) no, because the interpreter was unnecessary, because a client could easily find another lawyer who speaks Spanish D) no, because the client and attorney had the conversation in the presence of a third party, thereby waiving the privilege

B) yes, because the interpreter acted as an agent of the client in facilitating the provision of legal services

An attorney representing tenants in landlord-tenant disputes has often litigated before a particular state court judge in a state in which judges are elected to the bench. That judge is now running for reelection. Based on the attorney's previous observations and interactions with this judge, the attorney genuinely believes this judge is well-mannered, police, and judicious. However, the attorney also genuinely believes that a judge with a more activist judicial philosophy would better serve the attorney's many clients, who are in desperate need of overhauling the law governing landlord-tenant relationships. Once, on the way to the courtroom, a local news reporter approached the attorney and asked the attorney to rate the judicial candidate running for reelection. The attorney response, "Well, I don't normally discuss judicial candidates but, since you asked me, I believe this candidate is unsuited for the bench and does not possess what I would call 'proper judicial temperament.'" Were the attorney's remark's proper? A) no, because the attorney should not make disparaging public remarks about a candidate because such remarks threaten the independence of the judiciary B) no, because the attorney was not truthful in expressing views about the candidate C) yes, because the attorney was exercising the 1st Amendment right to freedom of speech D) yes, because the attorney was acting as a zealous advocate for the attorney's clients

B) no, because the attorney was not truthful in expressing views about the candidate

A law firm specializes in products liability litigation. 8 years ago, an attorney in the firm defended a motorcycle manufacturer that was sued by a purchaser who alleged he was seriously injured because of the defective design of his motorcycle. The case was settled 12 months later after extensive discovery. Recently, a P who was injured while riding the same model of motorcycle retained one of the attorney's law firm partners to bring a products liability action against the manufacturer. The parter had not participated in the previous litigation in which the attorney had represented the manufacturer. The attorney had no involvement in the partner's representation of the P against the manufacturer, but the attorney was not formally screened from the matter. Is it proper for the partner to represent the P without the manufacturer's informed consent? A) no, because the attorney was not formally screened from P's action B) no, because the attorney's disqualifying conduct of interest was imputed to the partner C) yes, because the P's action against the manufacturer is not substantially related to the matter in which the attorney previously represented the manufacturer D) yes, because the partner had not participated in the previous representation of the manufacturer

B) no, because the attorney's disqualifying conduct of interest was imputed to the partner

A judge presided over a commercial lawsuit in which the parties were bitterly opposed. In the course of discovery, the lawyers on both sides filed motions accusing the opposing party and its lawyers of withholding evidence and other misconduct. After fully familiarizing herself with the lawsuit, the judge concluded the case was a close one and that the parties would benefit from a settlement rather than continuing to expend thousands of dollars in legal fees. Without telling the parties and their lawyers she intended to do so, she spoke separately with the lawyers for both parties in an effort to facilitate a settlement. First, she telephoned she P's lawyer and said that, while she did not intend to intimate anything about how she would rule on future motions, she strongly suggested the parties try to reach a fair settlement. The judge then telephoned the D's lawyer and conveyed exactly the same message. The judge reasonably believed neither party would gain a procedural, substantive, or tactical advantage as a result of these communications. Was the judge's conduct proper? A) no, because a judge may not confer with lawyers in a pending matter on an ex carte basis other than for scheduling administrative, or emergency purposes B) no, because the judge did not obtain the parties' consent before communicating with the lawyers on an ex carte basis for settlement purposes C) yes, because a judge may confer with lawyers in a pending matter on an ex carte basis in an effort to settle a pending matter D) yes, because the judge reasonably believed neither party would gain a procedural, substantive, or tactical advantage as a result of the communication

B) no, because the judge did not obtain the parties' consent before communicating with the lawyers on an ex carte basis for settlement purposes

A homeowner wanted to buy a piece of property adjacent to this home to avoid future development on the property. The homeowner wanted to use a home equity line of credit for the financing, but he lacked sufficient equity. The seller offered to loan the homeowner the money if the homeowner could get a surety, or cosigner. The homeowner's grandmother agreed to serve as surety. The grandmother wanted her attorney, who had worked for the family for many years, to serve as her counsel and the homeowner's counsel in the transaction. The seller uses the same attorney for real estate work and wanted the attorney to also serve as counsel to the seller. This type of representation is permitted in the jurisdiction. Given the circumstances and the familiarity among the parties, the attorney reasonably believed he could adequately represent the interests of each of the 3 parties. All 3 parties gave informed consent, in writing, and the attorney began the representation. Is the attorney subject to discipline? A) no, because the attorney was familiar with and had worked previously with each of the parties B) no, because this was a consentable conflict of interest, and the parties property consented C) yes, because the attorney, having done real estate work for the seller before, would inherently favor the seller's interest D) yes, because an attorney is prohibited from representing 3 parties with differing interests

B) no, because this was a consentable conflict of interest, and the parties property consented

A client confidentially delivered his own business records to his attorney, who specializes in tax matters, to obtain the attorney's legal advice about taxes. The business records were routine bookkeeping files, not prepared for obtaining legal advice. When the IRS eventually brought an enforcement action against the client and sought protection of the business records that the client had provided to the attorney, the attorney asserted that attorney-client privilege protected them from disclosure. Is the attorney correct? A) yes, the records gain privileged status by the fact that the client delivered them privately to the attorney to obtain legal advice B) no, the records gain no privileged status by the fact that the client delivered them to the attorney to obtain legal advice C) privilege applies to the records only if the client was anticipating litigation at the time he gave them to the attorney, as opposed to seeking advice about claiming deductions and exemptions D) privilege does not apply if the client committed a crime or tax fraud

B) no, the records gain no privileged status by the fact that the client delivered them to the attorney to obtain legal advice

The dean of a nonprofit law school notified a justice of the state high court, who was a graduate of the school, that the law school had voted to award him an honorary doctorate degree. The dean invited the justice to accept the degree at the school's annual fundraising dinner and also invited the justice to give the keynote speech. Reasonably believing that the law school was unlikely to have matters before his court, the justice accepted. Before the dinner, the justice wrote to several of his law school classmates who were successful practitioners, encouraging them to donate to the law school in his honor. The justice gave a speech at the dinner encouraging lawyers to provide pro bono legal services. To commemorate the event, the university gave him a $750 engraved bowl which he reported at the end of the year in his annual public report of compensation, gifts and reimbursements he received. Which of the following conduct of the justice was improper? A) attending the law school's fundraising event B) soliciting donations to the law school from practicing lawyers C) encouraging lawyers to provide pro bono legal services D) accepting a $750 engraved bowl as a gift

B) soliciting donations to the law school from practicing lawyers

All of the following are elements of the dominant conception of the lawyer's role EXCEPT: A) role morality B) the public good C) extreme partisanship D) moral non accountability

B) the public good

In the course of seeking professional advice from Lawyer Sarah, Client Sam discloses that he committed the crime with which he is charged. Later that same day he tells his bank teller, grocery clerk and furnace repairman of his criminal acts. If a trial judge later orders Lawyer Sarah to disclose what Client Sam had told her that day, which of the following describes whether there has been a waiver of the lawyer-client privilege or the ethical duty of confidentiality? A) there has been a waiver of both the lawyer-client privilege and the ethical duty of confidentiality; Lawyer Sarah must disclose what Client Sam told her B) there has been a waiver of the lawyer-client privilege but not the ethical duty of confidentiality; Lawyer Sarah must disclose what Client Sam told her C) there has been no waiver of either the lawyer-client privilege or the ethical duty of confidentiality; Lawyer Sarah must not disclose what Client Sam told her D) there has been a waiver of the ethical duty of confidentiality but not the lawyer-client privilege

B) there has been a waiver of the lawyer-client privilege but not the ethical duty of confidentiality; Lawyer Sarah must disclose what Client Sam told her

Attorney represented Landlord in a variety of matters over several years. P, an elderly widow living on public assistance, filed suit against Landlord alleging that Landlord withheld without justification the security deposit on a rental unit that P vacated 3 years ago. She brought the action for herself, without counsel, in small claims court. Attorney investigated the claim and learned that is was legally barred by the applicable statute of limitations, although P's underlying claim was meritorious. Attorney told Landlord of the legal defense, but emphasized that P's claim was just and that, in all fairness, the security deposit should be returned to P. Attorney told Landlord: "I strongly recommend that you pay P the full amount with interest. It is against your long-term business interests to be known in the community as a landlord who routinely withholds security deposits even though the tenant leaves the apartment in good condition. Paying the claim now will prevent future headaches for you." Was attorney's conduct proper? A) yes, if Landlord did not object to Attorney's advice and paid P's claim B) yes, because Attorney may refer both legal and nonlegal considerations in advising a client C) no, unless Attorney's engagement letter informed Landlord that Attorney's advice on the matter would include both legal and nonlegal considerations D) no, because in advising Landlord to pay the full claim, Attorney failed to represent zealously Landlord's legal interests

B) yes, because Attorney may refer both legal and nonlegal considerations in advising a client

An attorney is a specialist in the field of e-discovery. The P in a complex lawsuit retained the attorney to work with the P's trial counsel to frame e-discovery requests and responses. After being fully advised, the client signed the attorney's retainer agreement which specified that the attorney's representation would be limited to advice about e-discovery matters. Is the attorney's conduct proper? A) yes, because the client initiated the request for limited representation B) yes, because a lawyer may limit the scope of the representation as long as the limitation is reasonable under the circumstances and the client gives informed consent C) no, because the P was not independently represented in making the agreement D) no, because the attorney was required to work directly with the P rather than working with the P's trial counsel

B) yes, because a lawyer may limit the scope of the representation as long as the limitation is reasonable under the circumstances and the client gives informed consent

An attorney represented a large corporation as a D in a toxic tort action. The matter had received little media attention and the corporate officers who retained the attorney emphasized the need to be discreet as long as possible, so that the pending litigation would have a minimal effect on stock prices. The representation necessitated that the attorney interview some of the employees involved in the incident that gave rise to the litigation, including some of the lowest-level unskilled laborers. A few of these individuals, as well as their co-workers whom the lawyer did not interview, asked the lawyer for details about what was happening with the case. The lawyer felt that they had a right to know about the case as it could affect the company, and their jobs, so he explained who the Ps were, how strong the evidence appeared to be on each side, and the potential liability the company was facing. Could the attorney be subject to discipline for sharing this information with the company employees? A) yes, but only for sharing it with the employees whom he did not need to interview B) yes, because a lawyer may not disclose to a company employees any information relating to the representation except for disclosures explicitly or impliedly authorized by the organizational client in order to carry out the representation C) no, because a lawyer should disclose to the company employees any information relating to the representation unless the officers explicitly forbid the disclosures as necessary to carry out the representation D) no, because when a lawyer represents a corporation, every employee of the corporation is the client of the lawyer, and has a right to the information

B) yes, because a lawyer may not disclose to a company employees any information relating to the representation except for disclosures explicitly or impliedly authorized by the organizational client in order to carry out the representation

An attorney is a notable expert on financial regulation. The attorney was asked to appear before Congress to present the attorney's views about the problems afflicting the banking sector during the recent financial crisis. Before Congress, the attorney testified that the best reform was no reform because regulation is bad for banks and bad for America. These were, in fact the attorney's genuine views. However, the attorney declined to mention that a large bank, a client of the attorney, was compensating the attorney for the appearance and time before Congress. Is the attorney subject to discipline? A) yes, because an attorney may not accept a fee for providing congressional testimony B) yes, because an attorney representing a client before a legislative body must disclose that the appearance is in a representative capacity C) no, because the attorney presented only genuine views D) no, because the attorney's comments to Congress are protected by the 1st Amendment's guarantee of freedom of speech

B) yes, because an attorney representing a client before a legislative body must disclose that the appearance is in a representative capacity

After arresting a young man for vandalism, a police officer notified the prosecutor, who directed that the man be brought to court rather than held in jail overnight. The prosecutor knew that, although the man had a statutory right to counsel, it was too late in the day to secure a court-appointed lawyer, but that a judge working in the courthouse that evening would be willing to arraign the man without a lawyer. When the police officer arrived with the man, the prosecutor met with the man and said, "I have a good deal for you. If you are willing to appear before a judge this evening and plead guilty without a lawyer, I will recommend that the judge release you, so that you can return for sentencing another day. Otherwise, you will have to spend the night in prison." The man agreed, and they proceeded to the judge's chambers, where the man pleaded guilty to vandalism. The judge then ordered the man to be released with instructions to return a week later to be sentenced. Neither the judge nor anyone else advised the man of his right to counsel. Is the prosecutor subject to discipline? A) yes, because he sought to obtain a guilty plea from an unrepresented counsel B) yes, because he made no effort to assure the man was advised of the right to counsel C) no, because it was the judge's responsibility to advise the man of his rights, and the prosecutor was not required to do so D) no, because as a lawyer for the opposing party, a prosecutor is not permitted to advise the accused of his rights

B) yes, because he made no effort to assure the man was advised of the right to counsel

An attorney represents a corporation. One of the corporation's delivery trucks, driven by a corporation employee, had a tragic accident with a school bus full of children, and many children died. The delivery truck driver suffered severe injuries, but survived, and spent 3 weeks recovering in the hospital. In preparation for the wrongful death lawsuits by the deceased children's families, the corporation's attorney visited the truck driver in the hospital and interviewed him about the accident. The attorney did not explain that he was not representing the driver, or that the driver should retain his own lawyer. The unsophisticated driver may have assumed that his employer's lawyer was also looking out for his (the driver's) interests. The drive made some incriminating admissions to the lawyer about being slightly intoxicated at the time of the accident and having been careless while driving. He also admitted that at the time of the accident, he had taken the corporate delivery truck off its assigned route to attend some personal business for about 20 minutes. Could the attorney be subject to discipline in this case? A) yes, because he shares in the corporation's collective responsibility for the deaths of those innocent children B) yes, because in dealing with an organization's employees, the lawyer should explain the identity of the client when the lawyer reasonably should known the organization's interests are adverse to those of he employee with whom the lawyer is dealing C) no, because it is not year clear whether the driver's interests are adverse to the corporation's interests, or whether the corporation will be responsible through respondeat superior D) no, because a lawyer does not have an obligation to remind every employee in a corporation that the lawyer represents the organization rather than the individuals within the organization.

B) yes, because in dealing with an organization's employees, the lawyer should explain the identity of the client when the lawyer reasonably should known the organization's interests are adverse to those of he employee with whom the lawyer is dealing

A client retains an attorney for assistance in a real estate transaction. The client asks the attorney in confidence whether the attorney thinks it is a good and workable deal. Is this communication privileged? A) yes, because the client was speaking in confidence to the attorney B) yes, because it is privileged if the dominant intent is to seek legal advice C) no, because the client asked for the attorney's opinion D) no, because the client was not seeking legal advice

B) yes, because it is privileged if the dominant intent is to seek legal advice

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% if settled before trial, 30% if settled before verdict, 35% after verdict, and 40% after appeal. The attorney's representation of the client in the matter extended over a 3-year period, during which time 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 D appealed the client's favorable verdict based on questions of evidence and the measure of damages. Meanwhile, the D 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. Confident that there was no reversible error in the trial and that the appeal was without merit, the attorney refused the settlement. The attorney reasonably believed that the appeal was filed solely to gain negotiating advantage in settlement negotiations. Is the attorney subject to discipline? A) yes, because the attorney's percentage under the fee contract increased after appeal B) yes, because the attorney did not comply with the client's direction to accept the settlement offer C) no, because the decision whether to settle or defend an appeal is a tactical matter for the attorney to determine D) no, because evaluation of the merits of an appeal requires an attorney to exercise independent professional judgment

B) yes, because the attorney did not comply with the client's direction to accept the settlement offer

An attorney is a partner in a law firm that performs a variety of legal tasks for clients. This law firm recently hired an associate who just graduated from law school, pass the bar exam, and been admitted as a lawyer. Since joining the law firm, the associate has worked exclusively on trusts and estates matters under the supervision of a firm with expertise. After another lawyer unexpectedly left the law firm, the attorney told the associate the firm was shorthanded and that associate would have to try a case the following week. The associate protested, stating she had never seen a trial, had not taken the evidence course or trial advocacy in law school, and did not feel prepared. The attorney told the associate that the sink or swim method of learning had worked just fine when the attorney was a young lawyer. The attorney told the associate that he would not ask for an extension because the client wanted to go to trial soon. The associate prepared diligently, but many of her questions were in an improper form and the judge repeatedly sustained the evidentiary objections that the opposing counsel raised during the associate's direct examination and cross-examinations. As a result, associate was not able to introduce key pieces of evidence. After a 2-day trial, the jury returned a verdict in favor of the opposing party. Is the attorney subject to discipline? A) yes, because the attorney should not have selected an associate from the trusts and estates department B) yes, because the attorney did not make reasonable efforts to put in place measures that give reasonable assurance that all lawyers in the firm conformed to the duty of competence C) no, because it is impossible to know whether the associate's trial conduct caused the jury verdict in favor of the opposing party D) no, because the associate was able to telephone the attorney for advice during lunchtime and other breaks during the trial

B) yes, because the attorney did not make reasonable efforts to put in place measures that give reasonable assurance that all lawyers in the firm conformed to the duty of competence

An attorney worked for a corporation as in-house counsel. The attorney discovered that the CFO falsified the corporation's quarterly earnings report in order to prop up the firm's share price, as the CFO's compensation is partly in stock options. The attorney knows that these misrepresented earnings appeared in the filings to the SEC and will eventually result in severe regulatory fines or civil liability for the corporation. The attorney thus reasonably believes that the violation is reasonably certain to result in substantial injury to the organization. The attorney confronted the CFO, but this proved unfruitful, and then he proceeded up the corporate chain of command, eventually going to the CEO and the board of directors. The officers and directors refused to address the problem because they thought it would send their stock prices into a freewill and make the corporation vulnerable to a hostile takeover from corporate raiders. Would it now be proper for the attorney to become a whistleblower and reveal and problem to the relevant government authorities? A) yes, as long as the attorney protects the identities of all those involved and does not reveal the names of the wrongdoers, as they are his clients B) yes, because the attorney has exhausted all other reasonable avenues to address the problem internally, so the lawyer may reveal information relating to the representation whether or not Rule 1.6 permits such disclosure C) no, because the lawyer has a duty of confidentiality to the corporation, and this information relates directly to the attorney's representation D) no, because the attorney has a duty of confidentiality to the corporate officers and directors personally, and may not disclose information relating to his representation of them without their consent

B) yes, because the attorney has exhausted all other reasonable avenues to address the problem internally, so the lawyer may reveal information relating to the representation whether or not Rule 1.6 permits such disclosure

An attorney represents a client in a slip-and-fall accident claim against the owner of a local burger restaurant. The client alleged he fell on a banana peel while walking toward the drink machine at the restaurant. 3 weeks prior to the date designated for trial, the attorney discovered a customer who witnessed the accident. The attorney interviewed the customer-witness, who contradicted the testimony of the client. The witness claimed there was no banana peel on the floor and the client's kids were running around the restaurant and tripped the client, who then fell on the floor. The witness asked the attorney: "Do I have to appear in court? I really can't take time off work to appear in court." The attorney replied, "If you can't take time off of work, then you shouldn't answer your phone." The attorney never mentioned this conversation with the witness to the opposing counsel, who knew nothing about this witness. Is the attorney subject to discipline? A) yes, because the attorney failed to notify opposing counsel of a witness who had relevant adverse evidence B) yes, because the attorney improperly suggested the witness refrain from speaking about what the witness saw, and the witness is not a relative, employer, or agent of the client C) no, because the opposing counsel had not yet subpoenaed the witness to testify D) no, because the attorney has an ethical obligation to represent her client zealously

B) yes, because the attorney improperly suggested the witness refrain from speaking about what the witness saw, and the witness is not a relative, employer, or agent of the client

An attorney represents a client in a personal injury lawsuit against the driver of a truck that collided with the client's car. In preparation for a deposition, the attorney interviewed the client, who claimed to be in perfect health before the accident. However, as the interview progressed, the attorney noticed a number of inconsistencies in the client's story. The attorney new reasonably believes, but is uncertain, that the client is lying about her health prior to the accident. The deposition is scheduled for tomorrow, and the client intends to testify about the previous perfect health. May the attorney allow the client to testify about her health at the deposition? A) yes, because the duty not to offer false evidence does not apply to depositions B) yes, because the attorney is not certain that the client intends to provide false testimony C) no, because the attorney is an officer of the court and has the obligation to prevent the trier of fact from being misled by false evidence D) no, because the attorney is prohibited from offering false evidence in a proceeding

B) yes, because the attorney is not certain that the client intends to provide false testimony

An attorney represented a client in the sale of a printing business owned by the client. The purchaser of the printing business has filed suit against the client and the attorney, alleging they committed fraud by misstating the financial condition of the client's printing business. The attorney had advised the client to disclose all of the financial information concerning the printing business to the purchaser. The client and the attorney each have separate lawyers to defend against the purchaser. The purchaser's lawyer has subpoenaed the attorney to attend a deposition. Under questioning by the purchaser's lawyer, the attorney reveals to the extent the attorney reasonably believes necessary to defend herself, confidential information about the client that will be favorable to the attorney but damaging to client. Is the attorney's conduct proper? A) yes, unless the client objects to the disclosure B) yes, because the attorney may reveal such information to defend herself against a civil claim C) no, because such disclosure of confidential information may only be made by attorney to defend against criminal charges, not a civil claim D) no, because attorney made disclosure known it would be detrimental to the client

B) yes, because the attorney may reveal such information to defend herself against a civil claim

An attorney represents a company that sells widgets. The client told the attorney that an unusually large number of customers had recently returned their widgets. The client asked the attorney to review the client's contractual agreement with its customers and advise the client whether it had to accept the customer returns and refund the customers their purchase price. After reviewing the relevant contractual agreements and the law, the attorney advised the client that it only had to issue refunds to those customers who had returned their widgets within 14 days of purchase. The attorney recommended, however, that the client issue refunds to all customers who requested a refund, noting that it was in the client's long-term business interest to have fully satisfied customers. Was the attorney's conduct proper? A) yes, because the attorney was required to give advice about relevant business considerations B) yes, because the attorney was permitted to refer to relevant business considerations C) no, because the attorney was required to limit the attorney's advice to the relevant legal considerations D) no, because the attorney's advice was contrary to the client's short-term interests

B) yes, because the attorney was permitted to refer to relevant business considerations

An attorney represented a client who was convicted of murder. In preparing for the sentencing phase of the case, the attorney investigated potential mitigation evidence. The attorney spoke with the client and 5 of his family members who described the client's childhood and mental condition as normal. The attorney also consulted with mental health experts who did not offer helpful mitigation evidence. The attorney was aware that the prosecution was planning to introduce evidence of the client's previous convictions for a violent rape, as well as a juvenile record. The attorney did not examine the files of the earlier cases. If the attorney had done so, the attorney would have discovered mitigating evidence of schizophrenia, organic brain damage, alcoholism, and serious childhood problems, and there is a reasonable probability that this evidence would have persuaded the jury to impose a life sentence. Instead, the client was sentenced to death. Afterward, the client filed a post-conviction motion claiming that the attorney provided ineffective assistance of counsel. Should the client's verdict be overturned because he received ineffective assistance of counsel? A) yes, because the attorney failed to provide zealous representation as to the client B) yes, because the attorney's conduct was unreasonable and prejudiced the client C) no, because the attorney's interview with the client and the client's family members did not indicate the existence of mitigating evidence D) no, because it is not certain that the additional evidence would have changed the jury's decision

B) yes, because the attorney's conduct was unreasonable and prejudiced the client

A corporation sued the client, another corporation, for fraud after a deal went sour. Each sought discovery of thousands of emails that were relevant to the case. At the client's request, and over the corporation's objection, the court entered an order providing that any disclosure of information protected by the attorney-client privilege during discovery would not constitute a waiver of the privilege. After the order was entered, the client produced 650,000 emails; 1000 emails involved confidential attorney-client communications. Subsequently the client was sued for fraud by a third party, another corporation, which was involved in the deal that went bad. The third party, the plaintiff in this second case, sought to use as evidence the 1000 privileged emails that the client produced in the previous litigation—arguing that the client waived the privilege by producing them in that litigation. Are the client's emails privileged in the second case? A) yes, because there has been no showing that any waiver was intentional B) yes, because the court order protects against a waiver in any subsequent litigation C) no, because the order in the previous case cannot bind a person who was not a party in that case D) no, because the order was entered in the absence of agreement between the parties in the case

B) yes, because the court order protects against a waiver in any subsequent litigation

A homeowner meets with an attorney to discuss a possible property claim against an apartment building owner. After the homeowner explains the claim, the attorney determines that the homeowner cannot afford the attorney's services and refuses the case. The apartment building owner then meets with the attorney and offers to meet all of the attorney's financial terms. In representing the apartment building owner, the attorney uses the information the homeowner provided, reasoning that because they never had an attorney-client relationship, the attorney did not owe the homeowner a duty of confidentiality. Is the attorney subject to discipline? A) yes, because the homeowner was a client B) yes, because the homeowner was a prospective client C) no, because the homeowner was not a client D) no, because the information was not dispositive of the property claim

B) yes, because the homeowner was a prospective client

In response to an attorney's advertising, which describes the attorney's education, experience, areas of practice, and contact information, and individual sent an email to the attorney describing their legal problem at length, including many personal details. Some of the information was unfavorable to the individual's legal interests. The attorney, who had never met or had any contact with the individual, read the long email in its entirety, and immediately sent a terse reply declining the representation. There was no consultation with the individual, and the attorney did not promise to provide representation. A few days later, the attorney received an inquiry from the opposing party in the case, and he agreed to represent the opposing party, and used information gleaned from the other individual's email to prevail in the matter. Was the attorney's conduct proper? A) yes, because the attorney declined to provide representation B) yes, because the individual who sent the original email was not a prospective cite for purposes of the Model Rules, and the attorney had no duty to keep the information confidential C) no, because written, oral, or electronic communications, constitute a consultation and meant the first individual was a prospective client D) no, because advertisements have the effect of soliciting such contracts from prospective clients, which normally include disclosures of confidential information the attorney should protect

B) yes, because the individual who sent the original email was not a prospective cite for purposes of the Model Rules, and the attorney had no duty to keep the information confidential

An attorney who graduated 2 years ago is struggling to develop a personal injury practice. To assist in this effort, the attorney hired a marketing firm to prepare a website featuring flashy photos of the attorney addressing a jury, arguing before a judge, and shaking hands with satisfied-looking clients. The website includes a disclaimer stating that results will vary depending upon the particular legal and factual circumstances. The attorney has never actually appeared in court. Is the attorney subject to discipline? A) yes, because the information was prepared by a marketing firm, rather than the attorney B) yes, because the website implied that the attorney had appeared in court when in fact the attorney had not C) no, because the attorney's marketing efforts constitute protected commercial speech under the First Amendment D) no, because the website contained an express disclaimer about the results a client could expect

B) yes, because the website implied that the attorney had appeared in court when in fact the attorney had not

An attorney had graduated law school near the bottom of his class, but he told himself that every year someone at graduation had to be at the bottom of their class. Besides, his mentor always told him that law school classes have nothing to do with the actual practice of law. The attorney was unaware that his 1L Civil Procedure professor had miscalculated his grade 2 full letter grades higher than he deserved, and otherwise he would have failed out before his 2nd year. The attorney invested a reasonable amount of time preparing for his clients' cases, and put in normal effort for an attorney, but still was far behind his fellow lawyers in ability. He lacked knowledge of settled principles of law and was not aware of recent developments in case law and legislation in his area of practice, even though he tried and made an earnest effort, often trying even harder than the lawyers around him, who seemed to coast along effortlessly by comparison. His intentions were always good, and he genuinely cared about his clients. Could the attorney be subject to discipline, including disbarment, for incompetent representation? A) yes, if he was never supposed to graduate from law school in the first place, but for that professor's mistake inured to his benefit B) yes, he lacks basic knowledge and sills necessary, despite his efforts and good intentions C) no, the evaluation of competence takes into consideration how hard the lawyer tries and whether he has the right intentions D) no, because for many clients, he certainly knows enough to get by, given that most cases settle quickly

B) yes, he lacks basic knowledge and sills necessary, despite his efforts and good intentions

An attorney's client is a used car salesman. The client has been sued by a buyer who claims the buyer bought a car with a turned-back odometer. The client retains the attorney to defend the case. When the attorney asks the client to describe the background of the dispute, the client makes the following statements to the attorney in confidence: "1) I've destroyed a number of documents that would be used to prove the buyers case; 2) I still think there might be some documents in the files that could be relevant to the buyer's case. Could you look through the files and let me know what you think the buyer might ask for in discovery?" Are both of these statements privileged? A) yes, because the client sought advice on a legal matter and both statements were made in confidence B) yes, provided the client abandons any plan to destroy more records C) no, because each statement can be used to prove the client engaged in crime or fraud D) no, only the first statement is privileged and the second is not privileged because the second statement was made to further a crime or fraud

B) yes, provided the client abandons any plan to destroy more records *D) is also potentially correct

Attorney represents D, a prominent businessman, in a civil paternity suit brought by P, who was formerly D's employee. Blood tests did not exclude D's paternity, and the case is being tried before a jury. The results turns on questions of fact. D has steadfastly denied that he had sexual relations with P, while P has testified that they had sexual relations while on business trips and in her home. The trial has generated great public interest and is closely followed by the news media. When P completed her testimony, Attorney was interviewed by a newspaper reporter. Which of the following statements, if believed by Attorney to be true, would be proper for Attorney to make? 1) "As stated in out pleadings, we expect to prove that other men could be the father of P's child" 2) "We have a scientific medial tests proving that D is sterile" 3) "We have been unable to locate several people whose testimony will be helpful to us, and I implore them to contact me immediately" A) 2 only B) 3 only C) 1 and 3, but not 2 D) 1, 2, and 3

C) 1 and 3, but not 2

Lawyer Phillips represents Client Justin, a former high school football coach accused of causing the death of one of his players by denying him water during the hot weather of summer practices. Fearing he would not be able to afford the entire fee charged by Lawyer Phillips, Client Justin has signed over to Lawyer Phillips the literary rights to his story. Client Justin faces a civil wrongful death case for damages brought by the dead player's family. Lawyer Phillips is seeking a book contract for Client Justin. Which of the following describes Lawyer Phillips's situation? A) Lawyer Phillips is not subject to discipline, because Client Justin needs the money to pay her fee B) Lawyer Phillips is not subject to discipline, because the focus of the book will be on Client Justin's civil trial C) Lawyer Philips is subject to discipline, because she cannot acquire her client's literary or media rights for his case D) Lawyer Phillips is subject to discipline, but someone else in her form may acquire the publication rights from Client Justin while the wrongful death case is pending

C) Lawyer Philips is subject to discipline, because she cannot acquire her client's literary or media rights for his case

Attorney defended Jones in a criminal assault case. Before trial, Jones told Attorney in confidence that he beat up the victim without provocation. After the jury found Jones not guilty and Jones refused to pay Attorney's fee, Attorney wrote to Jones as follows: "The jury found you not guilty, but your victim can still sue you for civil damages. If you do not pay my fee, and if I have to sue you to collect it, I will have to reveal the whole truth in open court, to explain why the amount of my fee is reasonable. Think this over carefully. I hope to receive your check by return mail." Which of the following is most nearly correct? A) even though heavy-handed, attorney's letter was proper because he was simply explaining to Jones the consequences of refusing to pay the fee B) if attorney sues Jones to collect the fee, attorney will be subject to discipline because a lawyer is prohibited from using a civil suit to collect a fee C) if attorney sues Jones to collect the fee, attorney may reveal Jones's confidential communications, but only to the extent necessary to establish his claim against Jones D) attorney's letter was proper because a lawyer is required to settle fee disputes amicably if possible

C) if attorney sues Jones to collect the fee, attorney may reveal Jones's confidential communications, but only to the extent necessary to establish his claim against Jones

The dichotomy between a business and a profession: A) described law as a business B) viewed consumers as capable of making informed purchases of legal services C) justified the exclusive right of lawyer to practice law D) rejected the idea that lawyers are America's governing class

C) justified the exclusive right of lawyer to practice law

An attorney represented a D who was facing criminal charges for violating a newly enacted statute. The statute that made certain activities that had previously been minor misdemeanors into felonies. The district attorney handling the case spoke to D's attorney, explaining this was an important test case of a new statute, so the DA's office was seeking the maximum penalty. The state did, however, offer a reduced sentence if the D would plead guilty, but this would still carry 3 years of jail time. Outraged, the attorney shouted that this had always been a misdemeanor charge in the past, which carried no jail time at all, and ended the conversation abruptly at that point. Without mentioning the conversation to D, the attorney drafted an impassioned motion to dismiss the charges and file it with the court. The attorney had a reasonable belief that his motion could be successful, though it was far from certain. The judge agreed with the attorney and granted the motion, dismissing all charges against the attorney's client. Were the attorney's actions permissible under the Model Rules? A) yes, the dismissal of the charges in this case meant the client was far better off than if he had considered the plea bargain offered by the prosecutor B) yes, the attorney would still have a chance to tel the client about the proffered plea if the judge had not granted the motion to dismiss C) no, a defense lawyer who receives a proffered plea bargain in a criminal case must promptly inform the client of its substance, unless the client has previously told the lawyer to accept or to reject the offer D) no, the attorney should have given more consideration to the serious public policy reasons for the legislature enacting the new statute

C) no, a defense lawyer who receives a proffered plea bargain in a criminal case must promptly inform the client of its substance, unless the client has previously told the lawyer to accept or to reject the offer

Attorney represented Husband and Wife in the purchase of a business financed by contributions from their respective separate funds. The business was jointly operated by Husband and Wife after acquisition. After several years, a dispute arose over the management of the business. Husband and Wife sought Attorney's advice, and the matter was settled on the basis of an agreement drawn by Attorney and signed by Husband and Wife. Later, Wife asked Attorney to represent her in litigation against Husband based on the claim that Husband was guilty of fraud and misrepresentation in the negotiations for the prior settlement agreement. Is it proper for Attorney to represent Wife in this matter? A) yes, if all information relevant to the litigation was received by Attorney in the presence of both Husband and Wife B) yes, if there is reason to believe Husband misled both Wife and Attorney at the time of the prior agreement C) no, because Attorney had previously acted for both parties in reaching the agreement now in dispute D) no, unless Husband is now represented by independent counsel

C) no, because Attorney had previously acted for both parties in reaching the agreement now in dispute

On his website, an attorney explains that he handles most areas of personal injury law, and then displays in large, bold letters: "I DO NOT REPRESENT CLIENTS IN CRIMINAL MATTERS OR DIVORCE MATTERS. PLEASE FIND ANOTHER LAWYER IF YOU ARE FACING CRIMINAL CHARGES OR NEED TO LEAVE YOUR SPOUSE." Is it improper for a lawyer to make such a statement in his website or advertising materials? A) yes, because a lawyer should not categorically refuse to represent needy clients in criminal matters or family law matters, as there are the most acute needs for legal representation B) yes, because a lawyer should state his areas of specialization, not the areas he or she does not practice, as this information is less useful to consumers C) no, because a lawyer may communicate the fact that the lawyer doe for does not practice in particular fields of law D) no, because a lawyer is required to disclose in their advertisements if they will refuse to take criminal clients or handle divorces

C) no, because a lawyer may communicate the fact that the lawyer doe for does not practice in particular fields of law

Lawyer Will tries to avoid litigation situations, even on behalf of his past clients who are in need of his services. Last month, Client Kevin asked Lawyer Will to represent him in a dispute with his cable television provider about billing practices. Lawyer Will agreed to represent Client Kevin, with one stipulation: he would counsel Client Kevin about the matter but if the dispute had to be litigated, Client Kevin knew that he would have to find another lawyer. Is Lawyer Will subject to discipline for agreeing to represent Client Kevin under that condition? A) yes, because the client alone determines the scope of the representation B) yes, because as long as the client is not asking his lawyer to assist in criminal or fraudulent conduct, the client dictates the scope of the representation C) no, because a lawyer may limit the scope of the representation if the client gives informed consent D) no, because a lawyer may limit the scope of the representation regardless of whether the client consents

C) no, because a lawyer may limit the scope of the representation if the client gives informed consent

An attorney is a managing partner at a small law firm. The attorney believes that technology will be increasingly important in the delivery of affordable legal services and hires a non lawyer to manage the law office's technology services. This person is given the title of Chief Technology Strategist. The CTS does not participate in any decisions involving legal judgment. The firm pays the CTS a fixed salary that is larger than the salaries of some of the associate lawyers and larger than the salaries of all of the other non lawyer staff. The CTS is included as a participant in the firm's year-end profit-sharing plan along with the lawyers and other nonlegal staff who work at the firm. Is the attorney subject to discipline? A) yes, because legal fees are used to fund the year-end profit-sharing plan B) yes, because the CTS makes more money than some of the lawyers in the law firm C) no, because the CTS is included in the firm's year-end profit sharing arrangement D) no, recuasse the attorney reasonably believes that the year-end profit sharing plan is necessary to attract top talent and deliver competent services to clients

C) no, because the CTS is included in the firm's year-end profit sharing arrangement

The court advises an attorney that the court plans to appoint the attorney to represent a teenage girl seeking court permission to obtain an abortion without the consent of her parents. The attorney believes that abortion is murder and asks the court not to appoint him to represent the teenage girl. The attorney advises the court that the attorney cannot do a competent job for the client given the attorney's personal beliefs. Is the attorney subject to discipline? A) yes, because an attorney should not seek to avoid a court appointment B) yes, because the attorney was required to set aside the attorney's personal beliefs C) no, because the attorney did not believe that the attorney could provide competent representation to the teenage girl D) no, because an attorney has no obligation to accept a court appointment

C) no, because the attorney did not believe that the attorney could provide competent representation to the teenage girl

An attorney represents a lender in all of its lending transactions. In the course of preparing for the closing of one loan transaction, the attorney received a phone call from the borrower's comptroller, who proceeded to ask the attorney what interest rate would apply to the borrowed funds. The attorney responded to the comptroller by asking, "Shouldn't your in-house lawyer be contacting me?" to which the comptroller replied, "Normally yes, but our lawyer is very busy, and at this time I'm authorized to handle this matter." The attorney then communicated the rate to the comptroller. Was the attorney's conduct proper? A) yes, because the communications between the attorney and the comptroller were not substantive in nature B) yes, because the comptroller initiated contact with the attorney C) no, because the attorney did not receive the express consent of the borrower's lawyer to speak with the comptroller D) no, because the attorney had no basis for relying on the claim that the comptroller was authorized to handle the matter

C) no, because the attorney did not receive the express consent of the borrower's lawyer to speak with the comptroller

A transactional attorney regularly advises closely-held corporations on tax and corporate issues, An acquaintance asked the attorney if they could meet to discuss a legal matter. The attorney agreed. During their 30 minute conversation, the acquaintance told the attorney that a relative had died and named the acquaintance the executor of the relative's estate. The acquaintance asked the attorney to represent him. The attorney advised the acquaintance that the attorney did not have experience and was too busy to do the work necessary to become competent. The attorney offered to refer the acquaintance to another lawyer who regularly practiced in the field and advised the acquaintance that he should see another lawyer promptly because there might be deadlines he should follow as the executor. The acquaintance did not contact another lawyer until 8 months after meeting with the attorney. At that time, the acquaintance learned that his method of interacting with the estate's creditors had created a complicated, expensive situation for the estate, including a significant amount of money in legal fees to reverse the errors. If the acquaintance had received legal advice, the acquaintance would not have committed these expensive errors. Is the attorney subject to civil liability? A) yes, because the attorney should not have agreed to meet with the acquaintance unless the attorney was prepared to accept his case B) yes, because the attorney did not advise the acquaintance of a specific date by which he should consult a lawyer C) no, because the attorney did not violate any duty owed to the acquaintance D) no, because the acquaintance declined the attorney's offer to refer the acquaintance to a lawyer with expertise

C) no, because the attorney did not violate any duty owed to the acquaintance

An attorney represents a client in a divorce suit in which the client seeks primary custody of her children. The client instructs the attorney not to use evidence of her spouse's adultery. The attorney informs the client that evidence of adultery would be very helpful in gaining primary custody and avoiding joint custody. The client continues to insist that the attorney not introduce evidence of her spouse's adultery. The attorney followed the client's instruction's and did not introduce the evidence. The court denied the client primary custody and instead awarded the client joint custody. The client sued the attorney for malpractice based on the attorney's failure to introduce evidence of adultery. Is the client likely to succeed? A) yes, because the attorney breached a duty to the client when the attorney failed to introduce evidence that the attorney thought would be helpful B) yes, because the attorney was ethically required to follow all of the client's instructions C) no, because the attorney explained the alternatives to the client and then followed the client's instructions D) no, because the decision about which evidence to introduce is a means decision rather than an objectives decision

C) no, because the attorney explained the alternatives to the client and then followed the client's instructions

An attorney represents a client who is under indictment for murder and attempted murder. In the course of representation, the client told the attorney that the client had previously killed 3 other people. These other murders are completely unrelated to pending charges against the client. The client tells the attorney that the bodies of the other victims are buried in a raving near the corner of a local cemetery. The attorney goes to the location described by the client, and the attorney finds the bodies at the bottom of the ravine. The attorney does not touch or disturb the dead bodies in any way. The attorney does some investigation and learns that 3 persons have been reported missing and that the authorities have an ongoing investigation into their whereabouts. The attorney does not disclose the location of these bodies to the authorities or any other information provided to the attorney by the client. Is the attorney subject to discipline? A) yes, because as an officer of the court, the attorney is required to disclose information the attorney has concerning the commission of the prior crimes by the attorney's client B) yes, because the attorney is impending the authorities access to significant evidence C) no, because the attorney obtained the information about the dead bodies in the course of representing the client D) no, because the attorney did not represent or advise the client with respect to the prior crimes

C) no, because the attorney obtained the information about the dead bodies in the course of representing the client

A legal services attorney represents a client in an eviction proceeding. The client does not have enough money to buy his child shoes required for school. If the child does not have the required shoes, she cannot attend school, and evidence of her nonattendance would weigh against the client in the eviction proceeding. The attorney bought the shoes for the client's child. Was the attorney's conduct proper? A) yes, because the attorney bought the shoes for the child personally, rather than giving the client money to do so B) yes, because the attorney was a legal services lawyer C) no, because the attorney provided financial assistance to the client in connection with the eviction proceeding D) no, because lawyers may never provide financial assistance to clients

C) no, because the attorney provided financial assistance to the client in connection with the eviction proceeding

A federal law requires most individuals who are in business for themselves to make estimated quarterly federal tax payments. The statute makes the willful failure to make estimated quarterly federal tax payments a misdemeanor that has significant penalties. Although a criminal misdemeanor charge is possible, it is significantly more common for the IRS to impose a civil penalty for a taxpayer's underpayment or failure to pay estimated taxes. An attorney represents a small business owner client who finds it inconvenient to do the paperwork required to file estimated quarterly federal tax payments. When the client files an annual tax federal tax return, the client willingly pays the modest civil penalty that is imposed for the failure to pay estimated quarterly federal tax payments. The client recently telephoned the attorney and asked whether any taxpayers had been criminally prosecuted solely for failing to file their estimated quarterly tax payments. The client also asked the attorney if there was anything the client could do to minimize the risk of detection. The attorney accurately told the client that the attorney had not located any examples of taxpayers who had been criminally prosecuted for violating the federal statute where the only alleged misconduct was failing to file their estimated quarterly tax returns. The attorney also told the client that it would be improper for the attorney to advise the client about how to avoid detection. The client thanked the attorney for the information and hung up. Later that year, when the attorney prepared the client's taxes, the attorney noticed that the client had not made any estimated quarterly tax payments. Is the attorney subject to discipline? A) yes, because the attorney reasonably should have known that the information she gave the client would encourage the client to violate the law B) yes, because the attorney did not discourage the client from breaking the law C) no, because the attorney provided the attorney's honest opinion about the consequences that were likely to result if the client violated the law D) no, because the attorney and the client are permitted to discuss methods to avoid detection

C) no, because the attorney provided the attorney's honest opinion about the consequences that were likely to result if the client violated the law

An attorney represented a client in connection with the client's divorce. The attorney and the client had several disagreements about the tactics to use and the client stopped paying the attorney. After a few weeks, the client decided he would be better off with another lawyer and told the attorney he was fired. After giving the client sufficient notice to obtain replacement counsel, the attorney requested the court's permission to withdraw from the divorce litigation, but the court denied the request. The attorney continued representing the client. Is the attorney subject to discipline? A) yes, because the attorney had a mandatory duty to cease the representation because he was discharged by the client B) yes, because the attorney's representation of the client will result in an unreasonable financial burden on the attorney C) no, because the attorney was required to remain in the case after the court denied the attorney permission to withdraw D) no, because the attorney's withdrawal would have caused material prejudice to the client

C) no, because the attorney was required to remain in the case after the court denied the attorney permission to withdraw

An attorney represented a client who was charged with murder. The client insisted on taking the stand. Certain the client intended to provide false testimony, the attorney told the client that if the client lied on the stand, the attorney would have no choice but to inform the judge of the client's perjury. The client took the stand but testified truthfully because of the attorney's threat. After the trial, the jury convicted the client. Does the client have a claim of ineffective assistance of counsel? A) yes, because clients have an unfettered right to testify in their own defense in capital cases B) yes, because it is never proper for an attorney to threaten a client C) no, because the attorney's conduct fell within the accepted standards of professional conduct and did not undermine confidence in the outcome of the trial D) no, because the client's refusal to commit perjury showed the attorney's threat was effective

C) no, because the attorney's conduct fell within the accepted standards of professional conduct and did not undermine confidence in the outcome of the trial

An attorney has a regulatory law practice and is also a part owner of a lobbying firm, which employs lawyers and non lawyers to provide lobbying services. The lobbying firm's rates and policies are comparable to those of other local lobbying firms. Each week, the attorney spends time conducting lobbying activities from the lobbying firm's offices, and time providing legal services from the attorney's law firm, which is located in a different building. The attorney recently advised one of her legal services clients that the client might want to lobby the legislature to change the regulations that govern the client's conduct. The attorney advised the client that the attorney opened a lobbying firm. The attorney carefully explained that the services provided by the lobbying firm were not legal services and that the legal ethics rules did not apply to the lobbying firm or to the attorney while engaged in lobbying for the lobbying firm. The attorney told the client to feel free to consult other lobbyists and lawyers in order to decide who to hire, and that there was no obligation to hire the attorney's lobbying firm. Following these disclosures, the client retained the attorney's lobbying firm to lobby the legislature for a rule change. In conducting lobbying activities for the client, must the attorney comply with the rules of professional conduct relating to client confidentiality? A) yes, because the attorney's lobbying services for the client are law-related activities B) yes, because the attorney's lobbying services are not distinct from the legal services the attorney provided to the client C) no, because the attorney's provision of lobbying services was distinct from the attorney's provision of legal services to the client and the attorney took reasonable measures to make sure that the client knew that the lobbying services were not legal services and that the protections of the client-lawyer relationship would not exist with respect to the lobbying services D) no, because the rates and policies of lobbying firm are comparable to those of other lobbying firms that are not subject to the Rules of Professional Conduct

C) no, because the attorney's provision of lobbying services was distinct from the attorney's provision of legal services to the client and the attorney took reasonable measures to make sure that the client knew that the lobbying services were not legal services and that the protections of the client-lawyer relationship would not exist with respect to the lobbying services

An attorney, who is admitted to practice only in State A, agrees to represent a client incorporated in State B in connection with the client's purchase of a State B company. The attorney from State A was retained to represent the State B client because the attorney had previously represented that client on a related matter and the client's parent corporation, which was a State A corporation. (Representing the parent and the subsidiary corporations did not create a conflict of interest for the attorney). The attorney travels to State B from his State A office several times to negotiate the purchase of the company for the client. Is the attorney subject to discipline? A) yes, because the attorney did not have a license to practice law in State B B) yes, because the attorney did not associate with local counsel in State B C) no, because the attorney's representation of the client was reasonably related to the lawyer's practice in State A, where the lawyer is admitted to practice D) no, because the client asked the attorney to come to State B to handle the negotiations

C) no, because the attorney's representation of the client was reasonably related to the lawyer's practice in State A, where the lawyer is admitted to practice

A client hired an attorney to represent him in suing his employer for wrongful termination. The attorney proposed a fee arrangement that made the fees contingent on the outcome, and he included in the fee agreement that the attorney would advance the costs of litigation. The attorney lost the case at trial, and the client then refused to pay back the costs the attorney had advanced beforehand. Can the attorney force the client to repay the litigation costs the attorney advanced to him? A) yes, because even where the fee agreement stipulates that it is a contingent fee, this does not apply to litigation costs that a lawyer advances to a client B) yes, because losing the case nullified the contingent fee agreement and created a quantum merit situation C) no, because under the fee agreement, the client had to repay the attorney only if they won the case D) no, because the parties never made a legally binding fee agreement

C) no, because under the fee agreement, the client had to repay the attorney only if they won the case

An attorney has been asked to represent an inventor who wants to bring a multimillion dollar lawsuit for patent infringement. Although the attorney reasonably believes that he is capable of conducting the lawsuit competently, he does not have sufficient insurance coverage in the event of malpractice. The attorney asks the client to agree to an upper limit of $20 million on the attorney's potential malpractice liability. The attorney shows the client the proposed agreement and fully discusses the consequences of including such a provision in the retainer agreement. The attorney also recommends that the client consult independent counsel before signing the retainer agreement, but the client decides to sign the agreement without doing so, explaining that he did not want to pay the legal fees to have another lawyer review this agreement. The limitation of liability agreement is not prohibited by law in the client's jurisdiction. Is the attorney's conduct proper? A) yes, because the agreement is not prohibited by law in the client's jurisdiction B) yes, because the client gave informed consent, the agreement was in writing, and the client was told of the advisability of consulting independent counsel C) no, because the client did not consult independent counsel before signing the agreement D) no, because a lawyer may not make an agreement limiting malpractice liability to a client

C) no, because the client did not consult independent counsel before signing the agreement

An attorney represents a client in a personal injury action. The client is in a body cast and claims extensive injuries after a car accident. About a month before the trial date, the attorney goes on a skiing vacation. As the attorney is swooshing down the slopes, the attorney sees the client - body cast free - swooshing down ahead of the attorney. The D now subpoenas the attorney to provide any information the attorney has about the client's medical condition. The attorney, who has since withdrawn from the representation, refuses to supply any information and invokes both the attorney-client privilege and the duty of confidentiality. Is the attorney's conduct proper? A) yes, because turning over the information could subject the attorney to discipline for violating Rule 1.6 B) yes, because the privilege means the attorney cannot be forced to testify against the client C) no, because the information is not a communication and therefore is not protected by the privilege D) no, because the attorney no longer represents the client

C) no, because the information is not a communication and therefore is not protected by the privilege

An attorney represents a client who suffered injuries when the client was run down by a car in a crosswalk. The attorney investigates the matter and comes upon a surveillance tape indicating that the client, one minute before the accident, had exited from an XXX-rated adult theater with a person who was not the client's spouse. Before trial, the attorney receives a discovery request from defense counsel, demanding production of any surveillance tapes that are or may be relevant to the action. The attorney refuses to produce the surveillance tape. Is the attorney's conduct proper? A) yes, because the surveillance tape is privileged B) yes, because producing the surveillance tape would violate the duty of confidentiality C) no, because the information on the surveillance tape is not privileged, and the attorney must run over non-privileged information if a lawful demand is made D) no, because even though the information on the surveillance tape is privileged, the attorney must comply with the discovery request

C) no, because the information on the surveillance tape is not privileged, and the attorney must run over non-privileged information if a lawful demand is made

An attorney served as in-house counsel for a corporation, and uncovered illegal actions taken by a particular senior manager (Not the CEO or any comparable officer or director, but an individual with decision-making authority and several direct subordinates in the organization). The senior manager had a reputation for being arrogant and unreasonable, and he and the attorney had clashed on several occasions and were barely on speaking terms. At the same time, the senior manager was exceptional in his area of expertise and was an asset to the company despite his unpleasant demeanor. The attorney summoned the nerve to confront the senior manager about the problem as graciously as possible, and the senior manager's initial response was to be dismissive, saying that he was unaware of any laws or regulations that he might have violated. The attorney walked away from the conversation discouraged and planned to take the matter up with the corporate officers, and perhaps the board of directors. Before doing so, he reconsidered and returned to the manager, and patiently explained to him the relevant laws and regulations that he manager had violated. The senior manager begrudgingly accepted the attorney's advice and took all necessary measures to rectify the wrongdoing and prevent any long-term repercussions. The senior manager also insulted the attorney, called him incompetent for not bringing up the matter earlier, and suggested that the attorney's incompetence was due to the attorney's ethnic background. Could the attorney be subject to discipline for not referring the matter of the illegal actions to a higher authority in the corporation? A) yes, because the senior manager continued to insult him and behave like a bigot even after the attorney proved that he manager's actions violated the law B) yes, because referral to a higher authority in the corporation is part of the lawyer's professional duty under the Model Rules C) no, because the manager took the lawyer's advice D) no, because a lawyer for a corporation represents not only the corporation itself, but all the managers within the corporation, so the lawyer had a direct client-attorney relationship with the manager

C) no, because the manager took the lawyer's advice

A state prosecutor oversaw the prosecution of a store manager for first degree arson, which was punishable by up to a life sentence. The principal witness was a former employee who claimed the store manager paid him $500 in cash to set the fire in order to enable the property owner to collect insurance proceeds. The defense lawyer asked the prosecutor to dismiss the charges, asserting the store manager fired the employee for coming late to work, and the employee had set the fire out of malice. But the prosecutor declined. In the course of preparing the employee to testify, the prosecutor began to question the employee's credibility. Instead of leaving it to the jury to decide for itself whether there was reasonable doubt, the prosecutor contacted the defense lawyer and offered to dismiss the charges if the store manager pled guilty to criminal mischief. The former employee's testimony, if believed, would establish the store manager was guilty of this misdemeanor, which involved intentionally damaging the property of another. The prosecutor knew that even if the store manager was innocent, he would accept this plea offer to avoid the risk of being convicted of first-degree arson. Is the prosecutor subject to discipline? A) yes, because he prosecuted the store manager even though he had a reasonable doubt about the principal witness's credibility B) yes, because he pressured the store manager to plead guilty to criminal mischief, a misdemeanor, by continuing the first-degree arson prosecution unless the store manager accepted the plea offer C) no, because the prosecutor did not know the former employee's testimony was false, and the testimony provided probable cause to believe the store manager committed arson and criminal mischief D) no, because a prosecutor may bring charges as long as they are not frivolous

C) no, because the prosecutor did not know the former employee's testimony was false, and the testimony provided probable cause to believe the store manager committed arson and criminal mischief

Attorney represents client, a famous politician, in an action against Newspaper for libel. The case has attracted much publicity, and a jury trial has been demanded. After one of the pretrial hearings, as Attorney left the courthouse, news reporters interviewed Attorney. In response to questions, Attorney truthfully stated: "The judge has upheld our right to subpoena the reporter involved, identified in our motion as Repo, and questions her on her mental impressions when she prepared the article." Is Attorney subject to discipline for making this statement? A) yes, because Attorney identified a prospective witness in the case B) yes, because prospective jurors might learn of Attorney's remarks C) no, because the statement relates to a matter of public record D) no, because the trial has not commenced

C) no, because the statement relates to a matter of public record

An attorney was representing a criminal D, and he agreed to meet with one of the D's coconspirators to learn more about what happened and to discuss what to expect as the case proceeded. At the beginning of the meeting, the coconspirator gave the attorney a dollar bill, saying, "This is to establish attorney-client privilege." The discussions then proceeded as planned. Later, the coconspirator turned state's witness against the attorney's client, and near the end of the proceedings, the prosecution moved to disqualify the attorney due to his conflict of interest. Did it establish attorney-client privilege and a conflict of interest problem when the coconspirator gave the attorney a dollar? A) yes, giving the lawyer any amount of money before a conversation constitutes a token retainer and creates an attorney-client relationship B) yes, giving the lawyer any amount of money before a conversation constitutes a token retainer and creates attorney-client privilege for the conversation, even if the attorney never provides legal representation afterwards C) no, giving money to the attorney did not create any attorney-client relationship D) no, the dollar was an insufficient amount to create attorney-client privilege

C) no, giving money to the attorney did not create any attorney-client relationship

Attorney is employed in the legal department of Electro, a public utility company, and represents that company in litigation. Electro has been sued by a consumer group that alleges Electro is guilty of various acts in violation of its charter. Through its general counsel, Electro has instructed Attorney not to negotiate settlement but to go to trial under any circumstances since a precedent needs to be established. Attorney believes the case should be settled if possible. Must Attorney withdraw as counsel in the case? A) yes, if Electro is controlling Attorney's judgment in settling the case B) yes, because a lawyer should endeavor to avoid litigation C) no, if Electro's defense can be supported by a good faith argument D) no, because as an employee, Attorney is bound by the instructions of the general counsel

C) no, if Electro's defense can be supported by a good faith argument

The law firm of Alpha and Beta has a radio commercial which states: "Do you have a legal problem? Are you being sued? Consult Alpha and Beta, licensed attorneys at law. Initial conference charge is $25 for one hour. Act now and protect your interests. Call at 1234 Main Street; telephone area code (101) 123-4567." Are Alpha and Beta subject to discipline for the commercial? A) yes, because the qualifications of the lawyers are not stated B) yes, because the radio broadcast may encourage litigation C) no, if all the statements in the radio broadcast are true D) no, unless the radio broadcast is heard outside the state in which they are licensed

C) no, if all the statements in the radio broadcast are true

An attorney worked as a purchaser for Conglomerate Corporation for many years before law school. After graduating and becoming a licensed practitioner, the attorney opened his own firm and represented many of Conglomerate Corporation's outside vendors in their contractual disputes with Conglomerate. In fact, the attorney advertised every month in local trade journals that he was a former purchaser for Conglomerate Corporation and could provide affordable and experienced legal representation to vendors who had legal disputes with corporations like Conglomerate. Regarding fees, the attorney would tell prospective clients that he sometimes bill hourly and sometimes charged a flat fee, depending on the complexity and time demands of each matter, and that this was difficult to predict beforehand. If this uncertainty was acceptable to the client, the attorney would agree to represent the individual. After the representation was complete, the attorney would decide how to bill the client. Is it proper for the attorney to handle fees in this manner? A) yes, so long as the fees and expenses are constituently reasonable, and each client consents B) yes, so long as the attorney does not base the decision on whether to charge an hourly rate or a flat fee on which will be higher C) no, the attorney must inform the client of the basis or rate of the fee and expenses before or within a reasonable time after commencing the representation D) no, hourly fee agreements must be in writing, signed by the client at the outset of representation

C) no, the attorney must inform the client of the basis or rate of the fee and expenses before or within a reasonable time after commencing the representation

Lawyer Lonnie has been appointed to represent Client Taylor who is accused of killing her husband after a long period of spousal abuse by him. The court released her on her own recognizance. Client Taylor, who is a stay-at-home mother, is quickly running out of money. Lawyer Lonnie has some discretionary funds available to him and he wants to give Taylor some cash to use for living expenses. What is the ethical course for Lawyer Lonnie to pursue? A) give her a reasonable amount of money to live on but only while her criminal case is pending B) give her a free place to live until her criminal case is over C) not advance her any money for living expenses D) not represent her because he feels sorry for Client Taylor

C) not advance her any money for living expenses

In the US, the predominant, although not exclusive, authority for lawyer regulation is: A) the legislature B) the executive C) the judiciary D) the state bar association

C) the judiciary

An attorney was a judge but has left that job and joined Big Firm. Another lawyer at Big Firm represents the client in a case on the docket at the same court where the attorney worked as a judge. In fact, as a judge, the attorney rules on some of the pretrial motions in the case, mostly evidentiary motions. The firm has screening measures in place to screen the attorney from any participation in the matter. The attorney will receive no part of the fee from the mater, and timely notice went to the parties about the screening measures in place. The other parties, however, did not provide informed written consent to Big Firm's representation of the client. Is it proper for the other lawyer at Big Firm to continue representing the client in this matter? A) no, because a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge, and if a lawyer is disqualified, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in the matter B) no, because a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge, and the other parties did not provide informed consent, confirmed in writing, to the representation C) yes, as long as Big Firm also provides timely notice to the appropriate tribunal as well, so that the tribunal may ascertain compliance with screening measures D) yes, as long as the attorney is not receiving a salary or partnership share established by prior independent agreement

C) yes, as long as Big Firm also provides timely notice to the appropriate tribunal as well, so that the tribunal may ascertain compliance with screening measures

2 Ds, a brother and a sister, were indicted in connection with the robbery and fatal shooting of a store owner. There were no eyewitness to the robbery, but the Ds were seen leaving the store shortly after the store owner was shot, and merchandise from the store was found in their possession. The Ds agreed to be represented jointly by an attorney. The attorney did not secure their informed consent, confirmed in writing, to the joint representation. The Ds told the attorney truthfully that the brother committed the robbery and shooting without the sister's advance knowledge or participation. But the brother was unwilling to plead guilty, because he believed the prosecution's case was weak. The attorney knew it was in the sister's best interest to present her version of the events to the prosecutor and to offer to testify against her brother in exchange for dismissal of the charges against her, or for her to testify in her own defense. However, the attorney did not advise her of these options, because he did not want to prejudice the brother. Even if the attorney had given this advice, it is uncertain whether the sister would have followed it and testified in her own defense or against her brother. Both Ds were convicted following a trial at which neither testified. Afterward, the sister retained a new lawyer who argued on appeal that her conviction should be overturned because her trial attorney had a conflict of interest. Is the court likely to set aside the sister's conviction? A) no, because the D's interests were aligned, since neither wanted to be convicted B) no, because it is uncertain whether the sister would have taken the attorney's advice to testify in her own defense or against her brother C) yes, because The attorney's conflict of interest adversely affected the attorney's performance D) yes, because the Ds did not give informed consent, confirmed in writing

C) yes, because The attorney's conflict of interest adversely affected the attorney's performance

The attorney hires a nationally-known internet-marketing specialist, a tech guru, to help develop the firm's reputation and attract new clients. The internet specialist has made millions on previous tech startups, while the attorney is relatively unknown and has been practicing for only 2 years. The tech guru demands certain terms in the contract that require the attorney to confer with the tech guru about accepting clients that were former clients of the tech guru, in order to avoid conflicts of interest. The attorney must also clear any litigation positions, approaches, or strategies that pertain to intellectual property or internet marketing liability with the tech guru, to avoid positions that would jeopardize the guru's other business. Is the attorney subject to discipline for this arrangement? A) no, because the attorney is merely hiring an advertising specialist and can pay normal rates for such services B) no, because the contract merely reflects the lawyer's duty under the Model Rules to avoid conflicts of interest between current clients C) yes, because a non lawyer has a contractual right to direct or control the professional judgment of the lawyer D) yes, because the attorney is advertising online, which means internet users in other states can see the firm's advertisements and offers to representation, even though the attorney does not have a license to practice in most of those jurisdictions

C) yes, because a non lawyer has a contractual right to direct or control the professional judgment of the lawyer

An attorney represented 6 homeowners, who live in the same housing development, against their developer. The suit arose after the developer built a road adjacent to the homeowner's property line. As a result of the new road, each of the 6 homeowners lost a strip of their property. The developer compensated them for the land but has refused to pay the cost of replacing the grass or landscaping on these strips of property, leaving the property unimproved. After the suit was filed, the developer called the attorney and offered $12k to settle with all 6 homeowners. Because the homeowners each owned different amounts of land, the attorney determined it was fair to divide the total settlement based on the percentage of the total impacted land owners by the homeowners, respectively. The attorney prepared agreements for each of the 6 homeowners, detailing how much money they would receive of the total settlement amount. The attorney then met individually with each of them and explained the settlement, including how much each homeowner would receive. All of the homeowners agreed to the settlement and signed the agreements. Was the attorney's conduct proper? A) no, because lawyers may not represent all parties on one side of an action B) no, because the attorney shared with the homeowners the settlement amounts of the other homeowners C) yes, because each homeowner was informed of the amounts received by all of the other homeowners and agreed to the settlement allocation in writing D) yes, because an attorney must seek to effectuate settlements and avoid litigation

C) yes, because each homeowner was informed of the amounts received by all of the other homeowners and agreed to the settlement allocation in writing

An attorney represents a client who is charged with murder. The client insists that he wants to take the stand, claiming to have an alibi. The client claims he was with his sister at the movies when the crime took place. The attorney interviewed the client's sister. At first, the sister did not recall where she was that evening, but later developed a vidid recollection confirming the details of the client's story. The attorney reasonably believes, but is uncertain, that the client and the sister are both lying. The attorney attempts to persuade the client not to take the stand, but the client ignores the attorney's pleas. Must the attorney allow the client to testify about his alibi? A) no, because the attorney is prohibited from offering false evidence in a proceeding B) no, because the attorney retains the discretion to disallow his client from testifying if the attorney reasonably believes the client intends to provide false testimony C) yes, because in a criminal trial, if the attorney is not certain the client intends to provide false testimony, then the question of whether to testify in one's own defense is one reserved to the client D) yes, because the duty not to offer false evidence does not apply to the testimony of criminals Ds

C) yes, because in a criminal trial, if the attorney is not certain the client intends to provide false testimony, then the question of whether to testify in one's own defense is one reserved to the client

An attorney represented an employee in an employment negotiation with a company for whom the employee works. The company asked the attorney to represent it in real estate negotiations with a property owner in another state. With informed consent from both the employee and the company, the attorney agreed to represent the company in the real estate negotiations. Neither the employee nor the company consulted with independent counsel before giving consent, and the attorney did not recommend that they do so. In the course of the real estate negotiation, the attorney learned in confidence that the company plans to relocate the employee to the state. The attorney knew this would be important information for the employee to know in connection with her employment negotiations, but the attorney concluded the employment negotiations without disclosing this information to her. 6 months later, the company relocated the employee, who was upset the employment contract negotiated by the attorney did not protect her from the adverse impact of the relocation. Is the attorney subject to discipline? A) no, because the clients gave informed consent to the representation B) no, because the attorney ddi not represent both clients adversely to one another in the same matter C) yes, because the attorney did not withdraw form representing the employee after he learned confidential information from the company that was important to the employee D) yes, because the attorney did not advise the clients to consult independent counsel before giving informed consent

C) yes, because the attorney did not withdraw form representing the employee after he learned confidential information from the company that was important to the employee

Prior to the trial of a criminal case, a judge heard oral argument regarding whether certain forensic evidence offered by the prosecution was sufficiently reliable to be admitted. At the conclusion of the argument, the judge reserved ruling in order to review the parties' memoranda of law and the authorities they cited. Afterward, still uncertain how to rule, the judge conducted independent online research which led to her discovery of several law review articles the lawyers had not cited. The articles reached different conclusions regarding the admissibility of the relevant forensic technique, which was a new one. Eager to rule correctly on a novel legal question, the judge sought further guidance. She asked a disinterested scientist at the state university to provide, without compensation, a written opinion regarding the reliability of the forensic evidence in question. The judge notified the prosecutor and defense lawyer before contacting the scientist, and neither objected. After the scientist submitted his written opinion, the judge gave the lawyers an opportunity to submit written responses. However, she denied the defense lawyer's request for an opportunity to question the scientist at a hearing. Did the judge act properly? A) no, because she conducted independent online research and then took the initiative to obtain an opinion from a scientist regarding the reliability of forensic evidence B) no, because she did not provide the lawyers an opportunity to question the scientist at a hearing C) yes, because she gave the lawyers an opportunity to object in advance to her consultation with the scientist and then to respond to the scientist's written advice D) yes, because she did not compensate the scientist for providing an opinion

C) yes, because she gave the lawyers an opportunity to object in advance to her consultation with the scientist and then to respond to the scientist's written advice

3 Ds have been indicted for the armed robbery of a cashier at a grocery store. 2 of the Ds retained an attorney to represent them jointly. Before agreeing to the representation, however, the attorney required the 2 Ds allow him to interview them separately. During the interview, each D told the attorney the robbery had been committed by the third D while they sat in the third D's car outside the store. The Ds both stated the third D said he needed come cigarettes and maintained they knew nothing about the third D's plan to rob the cashier. Following the interviews, the attorney agreed to represent both Ds jointly. One week before the trial, one of the two Ds told the attorney he wanted to plea bargain and he was prepared to testify his co-Ds loaned the third D the gun used in the robbery. This same D also said he and his co-D had shared in the proceeds of the robbery. The attorney recognized that a conflict of interest had arisen and therefore obtained consent, in writing, from each of the 2 co-Ds to his continued representation of them. Is the attorney subject to discipline? A) no, because the attorney obtained the co-D's consent, in writing, to his continued representation of them B) no, because the attorney interviewed the Ds separately before accepting the joint representation C) yes, because the D's desire to plea bargain created a non-consent able conflict of interest D) yes, because there is a per-se prohibition on the joint representation of multiple Ds

C) yes, because the D's desire to plea bargain created a non-consent able conflict of interest

A law firm specializes in products liability litigation. 8 years ago, a partner and an associate in the firm defensed a motorcycle manufacturer that was sued by a rider who alleged he was seriously injured because of the defective design of his motorcycle. The case was settled 12 months later after extensive discovery in which both the partner and the associate were integrally involved. Shortly thereafter, the partner retired from practice. Recently, a P hired an attorney at the firm to represent him in an action against the motorcycle manufacturer for injuries sustained while riding the same model of motorcycle at issue in the previous case. The associate is still employed by the firm. Is the attorney subject to discipline? A) no, because a significant period of time has passed since the partner represented the manufacturer B) no, because a significant period of time has passed since the partner retired from the firm C) yes, because the associate has confidential information material to the P's action against the manufacturer D) yes, because a firm may not accept a representation adverse to a former client when a lawyer that previously represented the former client remains unemployed by the firm

C) yes, because the associate has confidential information material to the P's action against the manufacturer

3 Ds were charged with the murder of a local woman. The Ds retained the same attorney and consented to their joint representation by her. Each D was tried separately. The first D was convicted, while the other 2 were acquitted. On appeal, the convicted D claimed, for the first time, that his attorney provided ineffective assistance because she had an impermissible conflict of interest. As evidence of this, the first D pointed to the fact that the attorney did not call the second and third Ds as witnesses in his trial. In response, the attorney conceded the testimony of the second and third Ds could have helped the first D's case. However, she explained she refrained from calling them as witnesses because of her concern regarding the harm such testimony might cause to the subsequent trials. Is the attorney subject to discipline? A) no, because the first D consented to the representation B) no, because the first D did not object to the conflict of interest until his appeal C) yes, because the attorney breached her duty of loyalty to first D D) yes, because the first D was convicted of the murder

C) yes, because the attorney breached her duty of loyalty to first D

A company's board of directors discovered someone had embezzled $30k from the company's treasury. The board members believed the likely embezzler was an officer and that the officer was about to transfer the money and flee the country. However, the board recognized there was also evidence that the embezzler was the officer's secretary who might have stolen the funds without the officer's knowledge. The company asked its attorney to obtain an emergency court order to freeze the officer's bank account until responsibility for the embezzlement could be conclusively determined. In accordance with the state's procedural rules on emergency orders, the attorney sought the court order and appeared in court without giving notice to the officer. The attorney then presented the evidence supporting the theory that the officer embezzled the money. The attorney did not present the evidence that the secretary may have been responsible. The court granted the emergency motion. Is the attorney subject to discipline? A) no, because there is no duty to present evidence that is adverse to the client's motion B) no, because the attorney's duty to present contrary evidence was superseded by the company's right to confidentiality C) yes, because the attorney failed to disclose evidence indicating the secretary, acting alone, may have embezzled the money on her own D) yes, because the attorney communicated with the court without including the opposing party

C) yes, because the attorney failed to disclose evidence indicating the secretary, acting alone, may have embezzled the money on her own

An attorney regularly appeared before a female divorce court judge in a state in which judges are elected to the bench. Once at a divorce law conference sponsored by the local bar association, numerous divorce lawyers, including the attorney, gathered together to complain about this judge's mistreatment of their female clients. These lawyers believed they had witnessed the judge repeatedly making disparaging remarks about women who are financially incapable of supporting themselves after the divorce, being rude and abrupt to female litigants seeking maintenance and child support payments from their spouses, and making rulings that were patently unfair to female litigants. These lawyers also openly wondered why a female judge would show such strong bias against women. After the conference, the attorney contacted many other divorce lawyers, who confirmed they had similar experiences with this judge. The attorney then drafted a public petition and began mobilizing an effort to recall this judge, in accordance with the proper state recall procedures applicable to judges. When someone suggested the attorney also contact the bar disciplinary authorities, the attorney dismissed that idea, noting, "Bar counsel will never prosecute anyone." Is the attorney subject to discipline? A) no, because the attorney's statement about bar counsel is the attorney's opinion B) no, because there is no rule prohibiting attorneys from mobilizing a recall effort C) yes, because the attorney failed to inform the appropriate disciplinary authorities about the judge's misbehavior D) yes, because the attorney has improperly mobilized a recall effort, which threatens the independence of the judiciary and the rule of law

C) yes, because the attorney failed to inform the appropriate disciplinary authorities about the judge's misbehavior

An attorney represented a terminated employee in a discrimination lawsuit against the former employer. The attorney for the employee retained and directed an expert to prepare a report on the terminated employee's damages. In preparing the report, the expert erroneously assumed the employee remained unemployed; thus, the expert's report vastly overstated the employee's damages as amounting to $50k. In fact, as the terminated employee had testified during the employee's deposition, the employee had obtained new employment within 1 week after the termination and at a salary higher than the prior job with the former employer. As a result, the employee had actually incurred only $4k in damages. The attorney knew about the report's mistakes. During settlement negotiations, the attorney handed the expert's report to opposing counsel, declaring, "My client suffered $50k in damages and here's the report that supports it." Is the attorney subject to discipline? A) no, because the attorney's duty of confidentiality prevented the attorney from revealing the error in the expert's report B) no, because the attorney made no false statement of material fact or law to a 3rd person C) yes, because the attorney made a false statement of material fact D) yes, because the attorney should not have allowed the expert to prepare the report

C) yes, because the attorney made a false statement of material fact

An attorney is retained by a client corporation to register its initial public offering of stock to the public with the SEC. After performing extensive research about the corporation's transactional history, the attorney concluded the failure to disclose certain past transactions between the company and its CEO in its SEC filing would not only violate the disclosure requirements under the SEC regulations but would also amount to a material omission, rendering the corporation's disclosures in the SEC filing materially misleading. The attorney conferred with the CEO and properly advised that the intentional failure to disclose such transactions in the filing will likely give rise to a claim of securities fraud, opening the corporation up to shareholder lawsuits and possible delisting fro the stock exchange. Moreover, the attorney correctly warned the failure to disclose may completely derail the public offering, if the authorities detect the omission early enough. The CEO replied, "Just make the SEC filing without the disclosures. Why would we want to scare off investors? We're trying to sell our stock." The attorney vehemently argued with the CEO, but, having failed to persuade, proceeded to make the filing without disclosing the transactions. The attorney was afraid of being fired by the CEO and believed that the CEO had the final say on disclosure matters. The SEC learned about the missing information and proceeded to initiate proceedings against the corporation. Is the attorney subject to discipline and civil or criminal liability? A) no, because the attorney's role as an advisor means the attorney must abide by the CEO's final decisions on key matters B) no, because the attorney fully discharged all professional and legal obligations by attempting to dissuade the CEO from engaging in misconduct C) yes, because the attorney should have referred the matter to the corporation's board of directors and should not have complied with the CEO's instructions D) yes, because the attorney should have avoided discussing this issue with the CEO and should have gone straight to the corporation's board of directors

C) yes, because the attorney should have referred the matter to the corporation's board of directors and should not have complied with the CEO's instructions

An attorney represented a client in litigation over a breach of contract. After a long period of discovery, as the trial date approaches, the 2 parties make a new attempt at settlement negotiations, with each party's lawyer acting as representative. The client is the P in the case, and has told the attorney on several occasions that she will not consider any settlement offer less than $100k. The client is a sophisticated business owner who has weathered litigation many times in the past, including litigation over a breach of a nearly identical contract term. Based on her experience, the client has made an informed estimate that her chances of winning a $250k verdict at trial are almost exactly 50%, and that trial expenses are likely to be around $50k whether she wins or loses, and from there she derived her reserve amount of $100k. The attorney met with the client the evening before Attorney would meet with opposing counsel for negotiations, and the client reiterated her reserve amount to the attorney, adding, "Do not even call me if the opposing party offers less than $100k. I will not accept it, and I want you to simply decline lowball offers." The next day, the client leaves on a business trip, and the attorney heads to the settlement negotiation meeting, where opposing counsel offers $90k to settle plus a written apology from D to client for breaching their contract. May attorney reject this offer without first consulting with client? A) yes, because client has a right to dictate the overall objective of the representation, but the lawyer has a right to decide the means of achieving that objective B) no, because a lawyer who receives from opposing counsel an offer of settlement in a civil controversy must promptly inform the client of its substance C) yes, because the client has previously indicated that the proposal will be unacceptable and has authorized the lawyer to reject the offer D) no, because client's method of deriving her $100k reserve amount is obviously unreasonable

C) yes, because the client has previously indicated that the proposal will be unacceptable and has authorized the lawyer to reject the offer

An attorney represents a client in a negligence action against a driver who accidentally collided with her car. In the course of the representation, the attorney discovered evidence that could lead one to reasonably conclude the driver had improperly entered the US, which is a criminal misdemeanor. After discussing this issue with the client, the client consented to the attorney's using this information as leverage to negotiate a favorable settlement. The attorney phoned the opposing lawyer and said, "We have reason to believe that your client has entered the country unlawfully. If you give us $400k, we can make your client's decoration go away. The local prosecutor happens to be one of my best friends." It was later determined the driver had properly and lawfully entered the country. Is the attorney subject to discipline? A) no, because the attorney reasonably believed the man was guilty of a crime B) no, because the attorney was required to report knowledge of criminal conduct C) yes, because the criminal issue was unrelated to the client's civil claim and the attorney suggested the attorney had improper influence over the criminal process D) yes, because the attorney was mistaken about the legal status of the driver's entry into the US and thus violated the driver's rights

C) yes, because the criminal issue was unrelated to the client's civil claim and the attorney suggested the attorney had improper influence over the criminal process

A law firm hired a lawyer to file an employment lawsuit against the law firm. When the general counsel of the law firm approached the law firm's reception area, a process server handed the partner the summons and the complaint for the lawsuit. The general counsel immediately called the law firm's director of HR and asked the director to talk to the employee about the employment claim. As requested, the director went to the employee's office and asked factual questions about the employee's claim. Is the general counsel of the law firm subject to discipline? A) no, because the director of HR only asked factual questions B) no, recuasse the director of HR is entitled to discuss employment claims with employees C) yes, because the employee was represented by counsel D) yes, because the general counsel requested that the director of HR engage in the unauthorized practice of law

C) yes, because the employee was represented by counsel

A law firm specializes in products liability litigation. 8 years ago, an attorney in the firm defended a motorcycle manufacturer that was sued by a purchaser who alleged he was seriously injured because of the defective design of his motorcycle. The case was settled 12 months later after extensive discovery. Recently, a P who was injured while riding the same model of motorcycle retained the attorney to bring a products liability lawsuit against the same manufacturer. The attorney did not seek informed consent to the representation from the manufacturer, nor did he disclose to the client that he previously represented the manufacturer. Is the attorney subject to discipline? A) no, because a significant period of years has passed since the attorney represented the manufacturer B) no, because the lawsuit involves a different P, a different motorcycle, and an accident at a different time and place from the lawsuit in which the attorney defended the manufacturer C) yes, because the matters are substantially related, and the P's interests are materially adverse to those of the manufacturer D) yes, because a lawyer may not represent a P adversely to a former client

C) yes, because the matters are substantially related, and the P's interests are materially adverse to those of the manufacturer

An attorney spent nearly a decade working in house for a large amusement park. The attorney did all of the Human Resources legal work for the amusement park. This included oversight and review of all hiring policies, including references and background checks, employment contracts, and benefits. Last year, the attorney left the amusement park and joined a multinational law firm as a senior associate in the employment law practice group. Because of a decline in the firm's employment law workload, the attorney began working with other practice groups. The attorney has been working mostly with the litigation practice group in various capacities. In one matter, the law firm represented a young child and his parents in an action against the amusement park for injuries the child suffered on a water slide. The claim against the amusement park was for the alleged negligent hiring of the water slide operator. Before working on the representation, the attorney fully disclosed the extent of his prior work for the amusement park to the child and his parents, and they each gave their informed consent to his participation in the representation. Is the attorney subject to discipline? A) no, because there was no substantial risk that the attorney has confidential information relevant to the action B) no, because the attorney obtained informed consent from the child and his parents to his participation in the representation C) yes, because the negligent hiring action was substantially related to work the attorney did for the amusement park D) yes, because the attorney was prohibited from jointly representing the child and his parents

C) yes, because the negligent hiring action was substantially related to work the attorney did for the amusement park

An attorney in a small law firm represents a pro-gun control organization seeking to overturn a statute that limits restrictions on gun ownership. One of the attorney's partners is a wrong advocate for gun owner's rights. The attorney knows that if the parter were to participate in the representation, the partner could not provide competent representation because of the partner's strongly held beliefs. Therefore, the attorney screened the partner from the matter. The attorney supports restrictions on gun ownership and reasonably believes the attorney will not be influenced by the partner's views. The attorney did not advise the organization of the partner's views nor obtain the organization's informed consent, confirmed in writing. Is the attorney's conduct proper? A) no, because the partner's conflict is automatically imputed to all the lawyers in the firm, including the attorney B) no, because the attorney did not advise the organization of the partner's views and obtain the organization's informed consent, confirmed in writing C) yes, because the partner's views will not influence the attorney D) yes, because the partner was screened from the matter

C) yes, because the partner's views will not influence the attorney

Several years ago, while working at the state EPA, an attorney worked on a lawsuit against several hog farming companies for contaminating groundwater with hog waste. The action resulted in a permanent injunction against the companies. Currently, the attorney is in private practice in a rural area of the same state. One of the companies hired the attorney to seek an exception to the injunction based on a variation in its waste disposal process. The attorney was certain he could maintain the confidentiality of all information learned during his work with the EPA. Is the attorney subject to discipline? A) no, because the attorney was certain he could maintain the confidentiality of all information learned during his work with the EPA B) no, because the Rules attempt to encourage private lawyers to enter public practice C) yes, because these 2 actions at issue involve the same matter D) yes, because the representation would be adverse to the attorney's former employer, the EPA

C) yes, because these 2 actions at issue involve the same matter

Several years ago, while working at the state EPA, an attorney worked on a lawsuit against several hog farming companies for contaminating groundwater with hog waste. The action resulted in a permanent injunction against the companies. Currently, the attorney is in private practice in a rural area of the same state. One of the companies filed an action seeking an exception to the injunction based on a variation in its waste disposal process. The attorney represented a local environmental group in its opposition to the company's request for an exception. Prior to beginning the representation, the attorney disclosed to the environmental group her previous work on the injunctions at the EPA, but she did not notify the EPA of her representation of the local environmental group. Is the attorney subject to discipline? A) no, because the representation of the local environmental group is not adverse to the attorney's former employer, the EPA B) no, because the attorney disclosed to the environmental group her previous work on the injunctions at the EPA C) yes, because while at the EPA, the attorney personally and substantially participated in the lawsuit against the hog farmers, which constituted the same matter as the action by the company D) yes, because once the attorney left the EPA, he was prohibited from working on environmental matters

C) yes, because while at the EPA, the attorney personally and substantially participated in the lawsuit against the hog farmers, which constituted the same matter as the action by the company

Clarence is a member of only the New Jersey Bar. After a powerful hurricane extensively damaged property and injured people on the Gulf Coast, Clarence relocated his New Jersey law practice to Mississippi for the winter months. Clarence closed his New Jersey office for six months and notified all of his clients where they could reach him and that he would return to his Newark office on June 1. When he left New Jersey in late November, he had no clients or cases in Mississippi. Beginning December 1, Clarence opened a law office in a trailer on the Gulf of Mexico beach just off a main highway. Is Clarence subject to discipline? A) yes, a lawyer who is not licensed in a jurisdiction can never maintain an office there or hold himself out as practicing in that state B) yes, because Clarence has never been admitted to practice anywhere outside of NJ C) yes, unless Clarence is practicing in MS temporarily and associates himself with a lawyer admitted to practice in MS who actively participates in Clarence's cases D) yes, unless Clarence has a national license to practice law

C) yes, unless Clarence is practicing in MS temporarily and associates himself with a lawyer admitted to practice in MS who actively participates in Clarence's cases

Deft, who has been indicted for auto theft, is represented by Attorney. Prosecutor reasonably believes that Deft committed the offense, but because of Deft's youth, it is in the interest of justice to permit Deft to plead guilty to the lessor offense of joy-riding in return for an agreement by Prosecutor to recommend probation. Prosecutor has so advised Attorney, but Attorney told Prosecutor she would not plead bargain and would insist on a jury trial. Attorney informed Deft of Prosecutor's offer and advised Deft not to accept it. Deft followed Attorney's advice. Attorney is a candidate for public office, and Prosecutor suspects that Attorney is insisting on a trial of the case to secure publicity for herself. Which of the following would be proper for Prosecutor? 1) send a member of his staff who is not a lawyer to consult with Deft 2) move the trial court to dismiss the indictment and accept a new complaint charging the offense of joy-riding 3) proceed to trial on the indictment and prosecute the case vigorously A) 2 only B) 3 only C) 1 and 2, but not 3 D) 2 and 3, but not 1

D) 2 and 3, but not 1

Lawyer Ben has been litigating personal injury cases, but he is not yet comfortable with many of the new customs and practices regarding technology. In fact, sometimes he becomes confused when faxing information to his client and to the opposing counsel in some of his cases. For example, last week when he intended to fax important correspondence between himself and Client Daniels, instead he accidentally included those documents in a bundle of papers which he faxed to opposing counsel, Lawyer Brandon, as answers to interrogatories. It is clear to Brandon that these documents were not intended to be seen by him. What, if any, obligation does Lawyer Brandon have upon receiving the privileged documents from Lawyer Ben? A) Lawyer Brandon is subject to discipline if he fails to inform Lawyer Ben immediately B) Lawyer Brandon is subject to discipline if he returns the documents unread to Lawyer Ben C) Lawyer Brandon is subject to discipline if he forwards the documents to Client Daniels D) A and C are both correct answers

D) A and C are both correct answers

When Lawyer Simon represented Hyman in connection with a murder investigation ten years ago, the investigation proved inconclusive, Hyman was never formally charged, and Lawyer Simon's representation of Hyman ended. Currently, Lawyer Simon represents Client Burlingame in a child custody dispute. Burlingame tells Lawyer Simon in confidence about a murder committed ten years ago by a person named Hyman, who was helped after the murder by her ex-husband. The details offered by Burlingame make it clear to Lawyer Simon that her former client Hyman did commit the murder. What is Lawyer Simon's ethical disclosure obligation? A) if there is no statute of limitations on the crime of murder, Lawyer Simon may reveal Burlingame's information to the police without her consent B) Lawyer Simon must reveal the information to the police because Hyman's evasion of the law is a continuing crime C) Lawyer Simon may reveal the information to the prosecutor without the consent of either Hyman or Burlingame, provided that he asks the prosecutor not to disclose the source of the information D) Lawyer Simon must keep the information in confidence unless Burlingame consents to have it revealed

D) Lawyer Simon must keep the information in confidence unless Burlingame consents to have it revealed

In a non-litigation matter: A) a lawyer may withdraw if the representation will result in a violation of the Rules of Professional Conduct or other law B) a lawyer must withdraw if the client has used the lawyer's services to perpetuate a crime or fraud C) a lawyer may withdraw if the representation will result in an unreasonable financial burden on the lawyer, but only if the withdrawal can be accomplished without having a material adverse effect on the interest of the client D) a lawyer may withdraw if the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal

D) a lawyer may withdraw if the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal

Which of the following is true about advertising and solicitation under the Model Rules of Professional Conduct? A) in-person solicitation for pecuniary gain is prohibited B) targeted mailings to those known to be in need of legal services are always permitted C) lawyers cannot compare their services with those of other lawyers because such comparisons cannot be substantiated D) advertisements must contain the name of at least one person who is responsible for the ad

D) advertisements must contain the name of at least one person who is responsible for the ad

Client Turpin, a widow, received an unsolicited mailing for estate planning services from Lawyer Lewis. After Lawyer Lewis visited with Client Turpin at her home, she signed an engagement letter and gave Lawyer Lewis a check for $1,995 for her legal fees. Brenda, a daughter of Client Turpin, was present with her mother. Three months later, Client Turpin's health deteriorated, and she was hospitalized. Lawyer Lewis came to the hospital with a revocable living trust agreement, last will and testament, and business and health care powers of attorney forms. Because Client Turpin was incapacitated, Lawyer Lewis advised Brenda to execute and sign the legal documents on behalf of her mother. The daughter signed the documents as instructed, but Lawyer Lewis took no further action to protect her mother's estate. After the local probate court rejected the will alleged to be Client Turpin's, Brenda retained another lawyer to probate Client Turpin's estate. Which of the following is true about Lawyer Lewis's ethical lapses? A) Lawyer Lewis is subject to discipline for failing to maintain a normal lawyer-client relationship with Client Turpin B) Lawyer Lewis is subject to discipline for failing to return the $1995 to Client Turpin's estate C) Lawyer Lewis is subject to discipline for failing to take steps to protect Client Turpin's interests D) answers A, B, and C are true

D) answers A, B, and C are true

The law firm of Able, Baker and Cohen realizes that its client base is getting older and that the firm must find new ways to attract clients. The firm has decided to develop clients by experimenting with solicitation of clients. Which of the following solicitation approaches will result in the law firm partners being subject to discipline under the Rules? A) the law firm partners can solicit other lawyers for new business B) the law firm partners can contact their family members and close friends for new business C) the law firm partners can join an existing prepaid legal services plan and solicit people not known by them to need legal services in a particular matter D) answers B, and C are correct

D) answers B, and C are correct

Attorney's advertisement in the local newspaper include the following information, all of which is true: 1) Attorney, BA, magna cum laude, Eastern College; JD summa cum laude, state law school; LLM, Eastern Law School 2) my offices are open Monday-Friday from 9 AM to 5 PM, but you may call my answering service 24 hours a day, 7 days a week 3) I speak modern Greek fluently For which, if any, of these statements is Attorney subject to discipline? A) 3 only B) 1 and 2, but not 3 C) I, 2, and 3 D) neither 1, 2, nor 3

D) neither 1, 2, nor 3

A brilliant attorney graduated at the top of his class from Harvard Law School. He was supremely intelligent and well-studied in the law, remarkably handsome, witty, and well-spoken. As he progressed through his career, he was in such high demand that he could afford to take only the cases he knew were mostly likely to win. Regardless of the complexity of the matter, he always won based on his wit, looks, and eloquence. He has been so successful that he has not needed to read a new case in fifteen years, nor has he needed to keep abreast of changes in law. He has never faced disciplinary action or a malpractice lawsuit. Assuming his winning streak continues indefinitely, is he providing competent representation, according to the Model Rules? A) yes, the Model Rules use an objective, outcomes-based standard for evaluating competence B) yes, the Model Rules measure competence based on the education, experience, and reputation of the lawyer C) no, the Model Rules measure the required attention and preparation primarily by what is at stake D) no, a lawyer should keep abreast of changes in the law and its practice and engage in continuing study and education

D) no, a lawyer should keep abreast of changes in the law and its practice and engage in continuing study and education

Attorney placed Associate, recently admitted to the bar, in complete charge of the work of the paralegals in Attorney's office. That work consisted of searching titles to real property, an area in which Associate had no familiarity. Attorney instructed Associate to review the searches prepared by the paralegals, and thereafter to sign Attorney's name to the required certifications of title if Associate was satisfied that the search accurately reflected the condition of the title. This arrangement enabled Attorney to lower office operating expenses. Attorney told Associate that Associate should resolve any legal questions that might arise and not to bother Attorney because Attorney was too busy handling major litigation. Is it proper for Attorney to assign Associate this responsibility? A) yes, if the paralegals are experienced in searching titles B) yes, because Attorney is ultimately liable for the accuracy of the title searches C) no, unless it enables Attorney to charge lower fees for title certification D) no, because Attorney is not adequately supervising the work of Associate

D) no, because Attorney is not adequately supervising the work of Associate

Attorney represented Seller in negotiating the sale of his ice cream parlor. Seller told Attorney in confidence that, although the business was once very profitable, recent profits have been stable but modest. As the negotiations proceeded, Buyer appeared to be losing interest in the deal. Hoping to restore Buyer's interest, Attorney stated,"The ice cream business is every American dream: happy kids, steady profits, and a clear conscience." Buyer bought the ice cream parlor but was disappointed when his own profits proved to be modest. Is Attorney subject to discipline? A) yes, because Attorney made a false statement of fact to Buyer B) yes, because Attorney exaggerated the profitability of the business C) no, because Attorney represented Seller, not Buyer D) no, because Attorney's statement constitutes acceptable puffing in negotiations

D) no, because Attorney's statement constitutes acceptable puffing in negotiations

Attorney is a sole practitioner whose practice is largely in the areas of tax, wills, estates, and trusts. Attorney learned of a new IRS regulation that probably affects the trust provisions in a will she prepared for Testratix 2 years ago. Attorney has not represented Testratix since she drew the will. Is Attorney subject to discipline if she calls Testratix and advises her of the new IRS ruling and the need to revise the will? A) yes, if Attorney has any reason to believe that Testratix has another lawyer B) yes, because Attorney would be soliciting legal business from a person who is not a current client C) no, provided Attorney does not thereafter prepare a new will for Testratix D) no, because Testatrix is a former client of Attorney

D) no, because Testatrix is a former client of Attorney

An attorney worked for a corporation as its in-house counsel. Hostility breaks out between the CEO and the CFO, with each threatening to sue the other over allegations of slander, libel, trespass to chattel, and so on. Does this personal clash between top managers present the attorney with a conflict of interest? A) yes, because as representative of the corporation, he also necessarily represents each of the top managers or directors, so both of these individuals are the lawyer's clients B) yes, because both the corporation as an entity and the CEO are necessarily clients of the lawyer, and the clash with the CFO is essentially a clash with the corporation C) no, because a lawyer representing an organization as a client cannot have a conflict of interest, as conflicts of interest are strictly between natural persons D) no, because a lawyer employed by an organization represents the organization acting through its duly authorized constituents, so the lawyer represents neither of these officers individually

D) no, because a lawyer employed by an organization represents the organization acting through its duly authorized constituents, so the lawyer represents neither of these officers individually

A client hires an attorney to help with the legal documents necessary to liquidate most of his investments so that he can use the cash to fund a new business venture. The client explains that he plans to quit his regular job and start a new career working from home as a "day trader," buying and selling stocks online every day in hopes of making large profits. The client has no experience or training in finance or investments, but he attended a seminar that featured testimonials from others who claimed to have made millions as day traders. The attorney thinks this is a foolish idea, but the client does not ask the attorney for his advice. Does the attorney have an ethical duty to caution the client against his seemingly reckless decision? A) yes, because a lawyer has a duty to offer sound advice and not wait for a client to ask questions to solicit the specific information B) yes, if the attorney suspects that the client will eventually have trouble paying his legal fees C) no, because many day traders are indeed successful, and this client could be one of the fortunate ones D) no, because a lawyer is not expected to give advice until asked by the client

D) no, because a lawyer is not expected to give advice until asked by the client

A P, who was an experienced oil and gas developer, asked an attorney to represent her in a suit to establish ownership of certain oil and gas royalties. The P could not afford the attorney's reasonable hourly rate; and instead, proposed to pay the attorney 20% of the value of the proceeds received from the first-year royalties the P might recover in the suit. The attorney accepted the proposal and memorialized the terms in a written fee agreement, which the P signed. The attorney did not advise the P of the desirability of seeking the advice of independent legal counsel before signing the agreement. Is the attorney subject to discipline? A) yes, because the agreement gave the attorney a proprietary interest in P's cause of action B) yes, because the attorney did not advise the P of the desirability of seeking the advice of independent legal counsel before signing the agreement C) no, because the P, rather than the attorney, proposed the fee arrangement D) no, because a lawyer may contract with a client for a reasonable contingent fee

D) no, because a lawyer may contract with a client for a reasonable contingent fee

An attorney injured his back and leg badly in a car accident. In the aftermath, the attorney became chemically dependent on prescription pain medications. This addiction progressed until it began to affect the attorney's relationships and work habits. The partners in his firm eventually insisted that the attorney seek professional help, so he enrolled in an outpatient rehab program and a twelve-step support group for painkiller addicts. The supervising psychiatrist in the outpatient program expressed concern about the attorney's complete dependence on the painkillers and his diminished ability to function physically or mentally. He advised the attorney to take a leave of absence from work, because he did not believe the attorney could competently fulfill his obligations to his clients. This same concern had prompted the attorney's partners to insist that he seek professional help. Just before enrolling in the outpatient program, a new client had approached the attorney about representing her in a tax dispute with the Internal Revenue Service. The attorney had handled such cases before, but it was not his specialty. The client is so desperate that he tells the attorney privately that he is considering shredding documents to hide some of his tax fraud from the IRS, which the attorney says he should not do, but worries that the client might do it anyway. May the attorney undertake the representation? A) yes, assuming the attorney can acquire the necessary knowledge or expertise through additional research to handle the complexity of the matter on the client's behalf B) yes, because the attorney is getting help for his addiction problem and should recover soon C) no, because the client has proposed engaging in fraud or criminal activity D) no, because a physical or mental condition currently materially impairs the lawyer's ability to represent the client

D) no, because a physical or mental condition currently materially impairs the lawyer's ability to represent the client

An attorney has been hired by a client to represent the client in a civil commitment proceeding initiated by the state. The client is now undergoing psychiatric evaluation to determine whether civil commitment should be ordered. The client told the attorney that the client intends to commit suicide as soon as the tests are completed, and the attorney believes that the client will carry out this threat. Suicide and attempted suicide are crimes in the state. The attorney discloses the client's intentions to the authorities. Is the attorney subject to discipline? A) yes, because there is no evidence the attorney knows the client has attempted suicide in the past B) yes, because disclosure would aid the state in its civil commitment case against the client C) no, because the information concerns a future crime and is not protected by the attorney-client privilege D) no, because disclosure of the information might prevent the client's death

D) no, because disclosure of the information might prevent the client's death

An attorney had represented a client, who was a developer, for more than a year on a large complicated development project. The attorney recently became concerned about the adequacy of the disclosures that the client planned to make to regulatory agencies and to individuals who soon would be signing contracts with the client. The attorney advised the client that the attorney thought the client's disclosures might be viewed as fraudulent and asked the client to issue supplemental disclosures. The client refused, saying that it did not think its disclosures were fraudulent and that it was a business risk that the client was willing to take. After thinking about this answer, the attorney decided that because of this fundamental disagreement, the attorney did not want to continue representing the client. Accordingly, the attorney notified the client that the attorney was resigning from the representation and that the client should hire another lawyer. The attorney agreed to work with the client's new lawyer to protect the client's interests. After receiving the attorney's letter, the client called the attorney and said that the client refused to accept the attorney's resignation. The client stated that the client would be materially prejudiced if the attorney resigned because the client would have to pay to educate another lawyer on everything that had happened to date and because the attorney's departure might put the development project at risk because people would wonder why the attorney had left. The attorney resigns anyway. Is the attorney subject to discipline? A) yes, because the resignation would have a material adverse effect on the interests of the client B) yes, because the attorney did not have actual knowledge that the client was engaged in criminal or fraudulent conduct C) no, because permission of a tribunal was not required D) no, because the attorney and the client had a fundamental disagreement about how much disclosure was necessary

D) no, because the attorney and the client had a fundamental disagreement about how much disclosure was necessary

A large corporation was under investigation by a government regulatory agency over possible violations of securities law. The corporation hired an attorney to represent it in the matter and authorized the attorney to make a full internal investigation to discover the merits of the accusations. The attorney discovered that a high-level manager had falsified quarterly earnings reports, a clear violation of the law that could expose the corporation to devastating sanctions and civil liability. The attorney confronted the officer involved, but this proved unfruitful, and then he proceeded up the corporate chain of command, eventually going to the CEO and the board of directors. The officers and directors refused to address the problem because they thought it would send their stock prices into a freewill and make the corporation vulnerable to a hostile takeover from corporate raiders. Would it now be proper for the attorney to become a whistleblower and reveal the problem to the relevant government authorities? A) yes, because the attorney has exhausted all other reasonable avenues to address the problem internally, so the lawyer may reveal information relating to the representation whether or not Rule 1.6 permits such disclosure B) yes, as long as the attorney protects the identities of all those involved and does not reveal the names of the wrongdoers, as they are his clients C) no, because the attorney has a duty of confidentiality to the corporate officers and directors personally and may not disclose information relating to his representation of them without their consent D) no, because the attorney has a duty of confidentiality to the corporation, and the corporation hired the attorney to defend the organization against a claim arising out of an alleged violation of law

D) no, because the attorney has a duty of confidentiality to the corporation, and the corporation hired the attorney to defend the organization against a claim arising out of an alleged violation of law

An attorney is admitted in State A and works in the State A office of a law firm that has offices in State A and B. The law firm's office in State B does not have any litigators; the only firm lawyers who are licensed by State B are lawyers who handle complicated (and esoteric) regulatory issues. On one occasion when a law firm client was sued for breach of contract in State B, the law firm asked the attorney to handle the State B litigation matter for the law firm client. The attorney filed a petition to appear pro hac vice in the State B case and expected the application to be granted. While the pro hac vice petition was still pending, the attorney traveled to State B where she interviewed trial witnesses and prepared documents to be used during the trial. As expected, the pro hac vice application was granted two weeks later. Is the attorney subject to discipline? A) yes, because the attorneys presence in State B will be systematic and continuous during the lengthy trial B) yes, because the attorney conducted work in State B before receiving permission to appear pro hac vice C) no, because the attorney's law firm has an office in State B D) no, because the attorney reasonably expected to be admitted pro hac vice by the State B court

D) no, because the attorney reasonably expected to be admitted pro hac vice by the State B court

Software Start-Up Inc sought to retain a high-profile transactional attorney to represent it in connection with its initial public offering. However, because Software believed it could not afford the attorney's hourly billing rate, Software offered the attorney an equity interest in the company in exchange for legal assistance. The attorney agreed to represent Software for a 2% equity interest and provided Software with a written agreement, explained the fee arrangement, advised Software of the desirability of seeking the advice of independent legal counsel regarding the agreement, and gave Software a reasonable opportunity to obtain such advice. The attorney also orally explained that potential conflicts might arise as a result of her acquiring an equity interest but that no significant risk of a conflict existed under the circumstances. The terms of the agreement were objectively fair and reasonable. Software decided not to consult independent legal counsel and signed the agreement. The initial public offering was far more successful than expected and raised the total equity value of Software to $500 million. The $10 million in stock that the attorney obtained as a fee was much higher than the amount she would have received if she had billed Software on an hourly basis. Software believed that the attorney's fee was excessive and filed a disciplinary complaint against her. Is the attorney subject to discipline? A) yes, because lawyers cannot take a proprietary interest in their clients B) yes, because the ultimate fee was much higher than it would have been if the attorney had billed Software on an hourly basis C) yes, because the attorney failed to ensure that Software consulted independent legal counsel before signing the fee agreement D) no, because the attorney satisfied the ethical requirements for entering into a business transaction with a client

D) no, because the attorney satisfied the ethical requirements for entering into a business transaction with a client

An attorney represents a client who suffered injuries when the client was run down by a car in a crosswalk. The attorney investigates the matter and comes upon a surveillance tape indicating that the client, one minute before the accident, had exited from an XXX-rated adult theater with someone who was not the client's spouse. At a dinner party, the attorney tells everyone the ironic story of a client, who got run down after being so naughty. Was the attorney's conduct proper? A) yes, because the information about the client's whereabouts was not protected by the attorney-client privilege B) yes, because the attorney did not violate any duties to the client because the information was not secret - it was known by the person who was with the client at the time C) no, because the attorney violated the duty of confidentiality by disclosing information protected by attorney-client privilege D) no, because the attorney violated the duty of confidentiality by disclosing information related to the representation that was not covered by any of the exceptions

D) no, because the attorney violated the duty of confidentiality by disclosing information related to the representation that was not covered by any of the exceptions

An attorney represents a client charged with murder. When interviewing the client about what happened, the client says, "I hope they don't find out about that other murder I did in Virginia. If they do, they'll put me on death row if they find me guilty now." At the attorney's request, the client then gives the details about the other murder. The attorney does some surfing on the internet and finds out that another person has been convicted of that murder in Virginia, and is awaiting execution for the crime. The attorney discloses the information to the authorities. Eventually the person convicted of that murder is released, and the client is convicted and sentenced to death. Is the attorney subject to discipline? A) yes, because the attorney caused the death of the client B) yes, because the death of the other person convicted was not reasonably certain C) no, because the attorney was required to disclose to prevent the death of another D) no, because the attorney was permitted to disclose to prevent a death of another

D) no, because the attorney was permitted to disclose to prevent a death of another

A client corporation is being investigated by the DOJ on suspicion that it had illegally dumped toxic chemicals for a number of years. Before the DOJ investigation began, the client had hired an attorney with an outside law firm to investigate how the client was disposing of the chemicals. The attorney interviewed corporate agents of the client and filed a report with the client. The DOJ requests this report from the client. The client agrees to turn over the report "in the spirit of cooperation" but only if the DOJ signs a confidentiality agreement under which the DOJ will not turn over the report to any private parties. After receiving the report, the DOJ concludes its investigation of the client. But private parties allegedly injured by the client's activities bring a lawsuit against the client. They serve a discovery demand for the report. The client refuses to turn over the report, citing the attorney-client privilege. Is the report privileged? A) yes, because the client was forced to turn over the report to the DOJ in order to avoid a criminal prosecution B) yes, because the disclosure of the report was not a general waiver and the private parties cannot take advantage of the selective waiver, and the DOJ agreed to keep the disclosure confidential C) no, because the attorney was acting as a factual investigator, and the "legal advice" requirement of the privilege is not met D) no, because the client waived any privilege by disclosing the report to the DOJ

D) no, because the client waived any privilege by disclosing the report to the DOJ

After a long trial, a jury awarded the P a large sum of money in an employment discrimination suit. The attorney for D former employer interviewed the jurors to get a sense of why they awarded such a large sum to the P. The attorney's communication was cordial and truthful. This communication was not prohibited by law or a court order. Is the attorney subject to discipline? A) yes, because ex carte communications with jurors are not permitted B) yes, because the judge did not expressly permit the communication C) no, because the rules do not regular communications with jurors after a proceeding is over D) no, because the communication was cordial and truthful and not prohibited by law or court order

D) no, because the communication was cordial and truthful and not prohibited by law or court order

An attorney seeking to build a client base posted a flyer on a community bulletin board in a local library. The flyer listed the attorney's name, office address, telephone number, and law school. The flyer also stated: "I am an attorney specializing in wills and estate planning. You can find me sitting on a bench outside the library front door." All information on the flyer is factually accurate. Is the attorney subject to discipline? A) yes, because the attorney's flyer indicated that he could be found sitting outside the library front door B) yes, because the flyer indicated that the attorney specializes in wills and estate planning C) yes, because the attorney's flyer constitutes solicitation D) no, because the content of the advertisement is not false or misleading and contained the required contact information

D) no, because the content of the advertisement is not false or misleading and contained the required contact information

A lawyer contacted by telephone a nationally-recognized defense attorney after being sued by a client for negligently handling a case. The defense attorney, who had never worked for the lawyer before, accepted the representation and promptly began working on the matter. The 2 met in person the following week to discuss details about the representation. During the conversation, the defense attorney explained her customary hourly fee and expense reimbursement policy. The lawyer felt the fee was high but agreed to pay it. The defense attorney intended to follow up with a letter to document the conversation; however, she forgot to do so. The defense attorney continued to work on the matter for several months, and after it was successfully resolved, submitted a bill to the lawyer that accurately reflected the hours worked and expenses incurred. The fees and expenses charged were reasonable. Is the defense attorney subject to discipline? A) yes, because the hourly rate was not disclosed prior to commencement of the representation B) yes, because the defense attorney did not document the conversation about fees and expenses in writing C) no, because the defense attorney successfully handled the representation D) no, because the defense attorney disclosed the basis of her fee within a reasonable time after commencing the representation

D) no, because the defense attorney disclosed the basis of her fee within a reasonable time after commencing the representation

The board of directors of a client corporation votes to do a public offering of stock. The client hires an outside law firm to prepare the necessary documentation. An attorney from the outside law firm communicates with the client's corporate personnel and obtains factual information relevant to the public offering that would put the client in a negative light. Upon review of this information, the attorney recommends that the client terminate its plan to do a public offering. The client's board of directors agrees. If the information was subpoenaed, would the negative information obtained by the attorney be protected by attorney-client privilege? A) yes, because corporate personnel were communicating with the attorney on behalf of the client B) yes, because corporate personnel were communicating with the attorney to assist the attorney with the attorney's legal representation of the client C) no, because the attorney communicated with multiple corporate personnel D) no, because the information was provided to the attorney for the purpose of making it public

D) no, because the information was provided to the attorney for the purpose of making it public

A judge was assigned to preside over a small commercial dispute between a bank and 2 of its customers. The judge's spouse was a VP of the bank but was uninvolved in the lawsuit. Reasonably believing she could fairly preside over the lawsuit, which would be tried before a jury, the judge entered a written order disclosing her spouse's position in the bank and asking the parties and their lawyers to consider waiving her disqualification. The parties' lawyers subsequently advise the judge that they and their clients agreed she should not be disqualified. Must the judge disqualify herself in the proceeding? A) yes, because the judge's spouse is an officer of the bank, which is a party to the dispute, and therefore her impartiality might reasonably be questioned B) yes, because the judge asked the parties and their lawyers to consider waiving her disqualification, rather than leaving it to them to initiate any consideration of the question C) no, because the judge's spouse was not a party to the proceeding, and therefore her disqualification would not be required even if the parties did not waive it D) no, because the parties and their lawyers waived disqualification

D) no, because the parties and their lawyers waived disqualification

An attorney represented a client in a divorce case and charged the client an hourly fee for the representation. The client won primary custody of the child from the marriage, and the ex-spouse (the child's other parent) would take the child during school vacations. A year after the case ended, the client wanted to reopen the case to seek additional child support, because in the intervening months, the child had developed a disability that imposed high medical care costs on the client, and at the same time, the ex-spouse had won the Mega Millions lottery, and was living a luxurious, profligate lifestyle. Would it be permissible for the attorney to represent the client in this matter on a contingent fee basis, given that the divorce was already final? A) yes, the Model Rules do not preclude a contract for a contingent fee for legal representation in connection with the recovery of post-judgment balances due under support, alimony, or other financial orders B) yes, because the circumstances have changed, given the client must now pay unexpected medical bills for the child, and the ex-spouse has won the lottery C) no, the Model Rules preclude a contract for a contingent fee for legal representation in connection with the recovery of post judgment balances due under support, alimony, or other financial orders D) no, the attorney may not enter into an arrangement for, charge, or collect any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof

D) no, the attorney may not enter into an arrangement for, charge, or collect any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof

Chris Client contacted Lawyer Lyle to ask him to represent her in an antitrust case. Lawyer Lyle has no experience in antitrust cases. Lawyer Lyle knows Attorney Alice who is an exceptional antitrust lawyer in another law firm. What can Lawyer Lyle do in regard to the representation of Chris Client? A) Lawyer Lyle must decline to represent Chris Client because he is not competent in antitrust cases B) Lawyer Lyle may refer the case to Attorney Alice and Attorney Alice may share the fee with Lawyer Lyle, even if Lawyer Lyle does no work and even if Chris Client is not consulted C) if Lawyer Lyle refers the case to Attorney Alice, he can only share in the fee if Lawyer Lyle does some work; Lawyer Lyle's fee must be in proportion to the work done D) none of the above answers is correct

D) none of the above answers is correct

Lawyer Lane represented Client Calvin in a divorce. Under the divorce decree, Client Calvin's former spouse is obligated to pay Client Calvin $50,000 a year in maintenance. Client Calvin's former spouse has paid nothing. Client Calvin contacts Lawyer Lane and asks Lawyer Lane to sue the former spouse. Lawyer Lane agrees and suggests that if he collects the arrearage, Lawyer Lane's fee will be a one-half interest in Client Calvin's mail order business. Is the fee arrangement permissible? A) this fee arrangement is not permissible; contingent fees are never proper in domestic relations cases B) this fee arrangement is not permissible, because a lawyer can never enter into a business transaction with a client C) this fee arrangement is not permissible, because a lawyer cannot acquire a proprietary interest in the cause of action or the subject matter of the litigation D) none of the above answers is correct

D) none of the above answers is correct

Under the advertising a solicitation cases decided by the US Supreme Court: A) states must forbid in-person solicitation where a significant motive for the lawyer's solicitation is the lawyer's pecuniary gain B) states cannot enact an absolute prohibiting on mail advertisements sent to a general audience, however, states can enact an absolute prohibition on targeted mail advertisements sent to a select group of individuals, e.g. all persons who recently have bought a home C) states cannot put any restrictions on the timing of mail advertisements sent to person known to be in need of legal services D) none of the above answers is correct

D) none of the above answers is correct

Attorney represented P in P's action for defamation against D. After D's lawyer had filed and served an answer, Attorney, at P's discretion, hired Inv, a licensed private investigator, and instructed Inv to attempt to interview D without revealing his employment. Inv succeeded in interviewing D privately and obtained an admission from D that the statements D had made were based solely on unsubstantiated gossip. Is Attorney subject to discipline for obtaining the statement from D in this matter? A) no, because Attorney was following P's instructions B) no, because the statement obtained was evidence that D's allegations were unfounded C) yes, because Attorney should have interviewed D personally D) yes, because Attorney instructed Inv to interview D

D) yes, because Attorney instructed Inv to interview D

Attorney Alpha filed a complaint on behalf of Client against Agri, a corporation, alleging that Agri had breached a valid oral contracted entered into on Agri's behalf by Pres, the President and CEO of Agri, to sell Client certain merchandise for a specified price. Attorney Beta, representing Agri, has filed an answer denying the contracting and asserting the statute of frauds as a defense. Attorney Beta had given notice to Alpha that he will take the deposition of Pres on the grounds that Pres will be out of the country on the date the case is set out for trial. Pres is not a shareholder of Agri. Alpha would like to interview Pres, prior to the taking of the deposition, in order to better prepare her cross-examination. Is Alpha subject to discipline if she interviews Pres without Beta's knowledge and consent? A) no, unless Pres will be personally liable to Agri for damages in the event judgment is rendered against Agri B) no, because Pres allegedly entered into the contract on behalf of Agri C) yes, because Pres is being called as an adverse witness D) yes, because Pres is the president of Agri

D) yes, because Pres is the president of Agri

A judge was recently appointed to the state trial court after practicing law for 20 years. One of his neighbors works at a local manufacturing company. Shortly after taking the bench, the judge chatted with the neighbor at a fundraiser for a local charity. The neighbor was not a close personal friend and was unaware of the judge's appointment to the bench. The neighbor complained about being unfairly denied a promotion, describing in detail how male employees who were less qualified had been promoted instead of her. The neighbor then asked whether the judge might be available to represent her in an employment discrimination action. The judge said he could not do so because ehe was now a judge, and he was careful not to give the neighbor any advice. The neighbor later retained a lawyer who filed a lawsuit on her behalf. The case was assigned to the judge. Must the judge disqualify himself in the proceeding? A) no, because he did not serve as a lawyer in the matter and had been careful not to give the neighbor any legal advice B) no, because his neighbor was not a close personal friend or relative C) yes, because he has a personal relationship with the neighbor, who is a party to the proceeding D) yes, because he gained personal knowledge of disputed facts form talking with his neighbor

D) yes, because he gained personal knowledge of disputed facts form talking with his neighbor

A toy manufacturer was sued in a products liability case in State A. The D toy manufacturer's lawyer filed a motion to dismiss P's complaint but, in the brief that accompanied D's motion, failed to cite a 25-year-old State A Supreme Court decision that supported the D's position. Although the P's attorney was aware of that prior Supreme Court decision and knew it was directly adverse to the P's position, P's attorney did not stay the State A Supreme Court decision in P's opposition brief because the attorney had a good faith basis for arguing the state supreme court decision should be reversed in light of subsequent legal developments and because the client wished not to cite it. Is P's attorney subject to discipline? A) no, because it was the responsibility of D's lawyer to cite the state supreme court decision that supported D's position B) no, because the P's attorney had a good faith argument that the state supreme court decision should be reversed C) yes, because the client does not have the right to decide whether to cite the state supreme court decision D) yes, because the P's attorney knowingly failed to disclosed the directly adverse state supreme court decision after the opposing counsel failed to disclose it

D) yes, because the P's attorney knowingly failed to disclosed the directly adverse state supreme court decision after the opposing counsel failed to disclose it

A father and his 2 adult children, a son and a daughter, retained an attorney for business purposes. Later, the father had the attorney draft the father's will, which the father signed in the presence of his children. A month later, at the father's request, the attorney drafted a new will that was less favorable to the daughter, and the father directed the attorney not to tell his daughter about it. The father subsequently executed the new will, and neither the son nor the daughter was present. Several weeks later, the daughter consulted the attorney regarding her estate plan. The daughter assumed her father's earlier will was in effect, and she made estate plan decisions based on that assumption. The attorney provided the daughter legally correct advice in light of the information provided by the daughter. The attorney did not disclose that the father had executed a will that was less favorable to her. Is the attorney subject to discipline? A) no, because the attorney followed the father's instructions not to tell the daughter about the second will B) no, because the attorney provided legally correct advice to the daughter C) yes, because the attorney did not tell the daughter about the father's new will D) yes, because the attorney did not withdraw from representing the daughter regarding her estate planning

D) yes, because the attorney did not withdraw from representing the daughter regarding her estate planning

A construction company's equipment and crew were involved in an accident in which a bystander was injured. The construction company notified its insurer, which retained and paid an attorney to defend the company when the bystander sued it. Unknown to the construction company, based on information disclosed by the company to the attorney, the attorney correctly advised the insurer it had no obligation to provide coverage because the construction company had made a misrepresentation in its insurance application. The insurer subsequently sought a declaratory judgment relieving it of responsibility to the construction company. Is the attorney subject to discipline? A) no, because the attorney was permitted to disclose the construction company's misrepresentation to the insurer to protect it from prejudice B) no, because the insurer retained and paid the attorney, and therefore the attorney was permitted to share the company's confidential information with the insurer C) yes, because an attorney may not represent 2 clients at the same time D) yes, because the attorney disclosed the construction company's confidential information to the insurer

D) yes, because the attorney disclosed the construction company's confidential information to the insurer

An attorney represents a criminal D charged with racketeering. The attorney called a witness, who testified the D was not a member of an organized crime family of which the witness was a member. During the break, the witness openly admitted to the attorney that he lied under oath and that, in fact, the D was a member of the organized crime family, but the witness insisted the attorney not disclose this information to anyone. The attorney tried to persuade the witness to disclose his lie to the court, but the witness refused. Must the attorney disclose the perjury to the tribunal? A) no, because the perjury related to a statement of a witness and not a statement of the client B) no, because the witness did not consent to the attorney's disclosure of the perjury C) yes, because the information is not protected by the attorney's duty of confidentiality D) yes, because the attorney has learned the witness has perpetuated a fraud on a tribunal

D) yes, because the attorney has learned the witness has perpetuated a fraud on a tribunal

An attorney spent more than a year representing a company that was being sold. The attorney and the company's accountant reviewed and analyzed the company's value to establish a proper valuation fro the sale. There are several accepted valuation standards. Throughout the negotiations, the attorney and the accountant agreed on the proper valuation standard, and the deal closed based on a valuation standard that was favorable to the company. Several months after the closing, the buyer brought an action against the company for fraud, alleging the company used an improper valuation standard which artificially inflated the value of its assets. The company wanted the attorney to defend it in the action at trial. While the attorney knew he might be called as a witness in the action, he nevertheless accepted the representation, after obtaining the company's written informed consent. Is the attorney subject to discipline? A) no, because the attorney obtained the company's written informed consent to the representation B) no, because the accountant can testify about the same information as the attorney C) yes, because the attorney violated duties owed to the company in closing on a possibly fraudulent deal D) yes, because the attorney might be called as a witness in the action

D) yes, because the attorney might be called as a witness in the action

The court appointed a criminal defense attorney to represent a man who has been charged with contempt of court for violating a domestic violence restraining order. The order prohibited the man from visiting or communicating with his ex-girlfriend in any way. The ex-girlfriend claimed the man violated the order by calling her several times to beg her to resume their relationship. The attorney questioned the man, who vehemently denied violating the restraining order. Uncertain about whether to believe him, the attorney phoned the ex-girlfriend, identifying himself as the court-appointed attorney, and asked her if she was represented by counsel. The ex-girlfriend responded she was not represented by counsel but asked, "What do you mean by 'court-appointed attorney?'" to which the attorney responded, "The court ordered me to represent your ex-boyfriend." After discussing the facts surrounding the contempt order, the ex-girlfriend asked, "What do you think I should do?" The attorney paused for a moment and honestly responded, "I'm not your attorney but I don't think you want to be responsible for putting your ex-boyfriend behind bars." Is the attorney subject to discipline? A) no, because the attorney's statements reflected his honest views B) no, because the attorney clarified his role vis-a-vis his client C) yes, because the attorney implied that he was disinterested D) yes, because the attorney should not have given legal advice to the ex-girlfriend

D) yes, because the attorney should not have given legal advice to the ex-girlfriend

An attorney is a well-known patent litigator who often defends cases in a bench trial and who strives to maintain good relationships with judges. Once, the attorney received an unsolicited letter from a judge, whom the attorney happened to know well. In that letter, the judge praised the quality of the attorney's briefing and argument. At a meeting with a prospective client, the attorney boasted abut this letter and said, "I can tell you that if you retain me, you will be guaranteed to be represented by an attorney who not only has fans on the bench but also has some of the tightest relationships with many of the judges deciding patient cases. Many of them are my good friends and go out of their way to rule in my favor." Is the attorney subject to discipline? A) no, because the attorney's statements were true B) no, because the attorney's statements would fail to persuade and impress the reasonable prospective client C) yes, because it is inappropriate to refer to private letters from judges to prospective clients D) yes, because the attorney stated or implied an ability to influence improperly an official

D) yes, because the attorney stated or implied an ability to influence improperly an official

For the past 3 months, an attorney has represented a local manufacturing company in a contract dispute with the company's landlord. Last week, an employee of the manufacturing company asked the attorney to represent the employee in an action against the manufacturing company for failing to comply with wage and hour laws. The contract dispute and the wage and hour matter have no common issues of law or fact, and the attorney reasonably believed he could competently represent the clients in the respective matters. Without discussing it with the manufacturing company, the attorney accepted and began representation of the employee in the wage and hour matter. Is the attorney subject to discipline? A) no, because the attorney reasonably believed he could represent both the company and the employee competently in the respective matters B) no, because there were no common issues of law or fact in the respective lawsuits C) yes, because the attorney did not terminate the representation of the company before agreeing to represent the employee D) yes, because the attorney's representation of the employee was directly adverse to the manufacturing company

D) yes, because the attorney's representation of the employee was directly adverse to the manufacturing company

A mother and daughter are partners in a business venture to develop a software program. Their business is not incorporated, but is a general partnership, with a partnership agreement. The daughter is the primary creative contributor and the mother is the primary business contributor. The mother wants to retire, but their partnership agreement is unclear about certain issues related to the financial settlement upon dissolution. State law is also ambiguous on these issues. The mother and daughter both agreed they only wanted a fair distribution of the partnership assets, but they needed help determining what was fair under the applicable law. A good friend has been the attorney for the partnership since its inception and had provided individual representation to the mother in her estate planning and the daughter in a personal injury lawsuit. The mother and daughter asked the attorney whether he could represent them jointly in determining a fair distribution of the partnership assets. The attorney reasonably believed he could provide competent and diligent representation to them jointly. Without discussing the risks of joint representation and the alternative of obtaining separate counsel, the attorney accepted the representation. The attorney's engagement agreement detailed the scope and cost of the representation and confirmed the parties agreed to be represented jointly. Both the mother and daughter signed the agreement, and the attorney proceeded with the representation. Is the attorney subject to discipline? A) no, because the attorney has represented the partnership since its inception B) no, because both the mother and daughter agreed they wanted a fair distribution, and the attorney reasonably believed he could provide competent and diligent representation to them jointly C) yes, because the attorney previously represented the mother and daughter individually D) yes, because the mother and daughter did not provide informed consent to the joint representation

D) yes, because the mother and daughter did not provide informed consent to the joint representation

A woman was charged with first degree murder of her spouse. The court appointed a public defender to represent the woman, but she and her family wanted a lawyer in a private practice. The family found an attorney who was willing to accept the representation, primarily because of the potential media exposure for his practice, as the murder had received extensive local and national attention. Neither the woman nor her family, however, had the resources to pay the attorney. As a result, the woman offered to give the attorney 10% of the proceeds from any motion picture made about the case. The attorney prepared an engagement agreement, detailing the arrangement, including how expenses would be paid. The attorney presented the engagement agreement to the woman and advised her of the desirability of seeking the advice of independent legal counsel before signing. After consulting with another lawyer, the woman signed the agreement, and the attorney proceeded with the representation. Is the attorney subject to discipline? A) no, because the attorney advised the woman of the desirability of seeking the advice of independent legal counsel before signing the engagement agreement B) no, because the attorney was permitted to enter a business transaction with the woman C) yes, because the attorney primarily accepted the representation of the woman for the potential media exposure for his practice D) yes, because this fee agreement gave the attorney media rights to the woman's story while the case was still pending

D) yes, because this fee agreement gave the attorney media rights to the woman's story while the case was still pending