MPRE FINAL EXAM QUESTIONS

1. A judge presides over a state trial court. Every six years, trial judges in the state must stand as candidates in a partisan public election to determine whether they will retain their positions.

A. Establish a campaign committee that will solicit reasonable contributions for the judge's campaign.

1. Two years ago, when a couple divorced in State A, the court awarded the wife custody of the three children and ordered the husband to pay wife $3,000 per month in child support and alimony payments.

A. No, as long as $5,100 is a reasonable fee for the work he did.

1. An attorney represented a landlord in a property dispute with one of his tenants. The attorney also represented a defendant in a criminal case in which the defendant was charged with burglary. After accepting the representation of the defendant, the attorney learned that the landlord was going to be the primary witness for the prosecution. The landlord had been walking by the house that was burglarized and had seen the defendant running from the scene. However, there were issues with the landlord's identification of the defendant that could be used in cross-examination. The attorney reasonably believed that she had not obtained confidential information from the landlord that would assist her in her cross-examination of the landlord at trial. She also reasonably believed that it was highly unlikely she would obtain such information before trial. As a result, the attorney did not consult with the landlord regarding the representation of the defendant. The attorney did inform the defendant that she represented the landlord because she believed that the defendant might fear that she would be unduly deferential to the landlord because he was also a client of hers. The defendant gave his informed consent to the conflict, which the attorney confirmed in writing. Was it proper for the attorney to continue to represent the defendant without obtaining the informed consent of the landlord?

A. No, because a conflict arose when the attorney learned that she would be required to cross-examine the landlord as a witness against the defendant. Answer option C is correct. Model Rule 1.7 prohibits undertaking a representation that is directly adverse to a current client without that client's informed consent. Cross-examining a current client, even in an unrelated matter, is conduct that is directly adverse to that client when the lawyer is required to challenge the testimony of that client.

14. An attorney filed a class action against a bank. The proposed class consisted of small businesses that had allegedly been fraudulently induced to enter into loan transactions with the bank under unfavorable terms. While the class action was pending, but before any class had been certified, the attorney was retained by an electrical contractor to sue a bakery for breach of contract. The attorney was aware that the bakery was a member of the proposed class, although it was not a named plaintiff. However, the attorney agreed to represent the electrical contractor and filed the lawsuit against the bakery without first obtaining the informed consent of the bakery. The bakery owner was angry because he believed that the bakery was a client of the attorney, and he filed a grievance against the attorney with the state disciplinary authority. Is the attorney subject to discipline?

A. No, because as an unnamed member of the proposed class, the bakery was not a current client for purposes of the conflict of interest rules. Model Rule 1.7, Comment [25] explains that unnamed members of a class represented or sought to be represented by a lawyer are not ordinarily considered to be clients for purposes of applying the rule against directly adverse representations

1. An attorney participated in a new prepaid legal service plan owned and directed by a local university employees' credit union, a nonprofit organization. The plan's manager told the attorney that she could expect to be busy because credit union personnel would solicit plan memberships in person from everyone who opened a new account. The credit union had also undertaken a telephone subscription drive to solicit plan memberships from all university employees, including those who were not depositors in the credit union. Is the attorney subject to discipline?

A. No, because credit union personnel would not solicit memberships from persons known to need legal services in particular matters covered by the plan. . A lawyer generally may not solicit potential clients in person or by telephone or do so through the acts of others. However, Model Rule 7.3(e) provides for an exception when a lawyer participates with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer.

14. An attorney, a sole practitioner, represented a closely held corporation. The attorney learned information from the president of the corporation that led him to believe that the corporation would file a false tax return in the coming year. The attorney was unsure what to do, so he researched the question. Still uncertain about his obligations, he consulted another lawyer, a recognized expert in the field of professional responsibility, about how to proceed under the applicable rules of professional conduct. During the conversation, the attorney revealed information he had learned about the corporation's tax situation, although he was careful to reveal only the information he reasonably believed necessary to obtain advice. The other lawyer then gave her opinion concerning the attorney's obligations under the rules of professional conduct. The attorney subsequently told the corporation's president that he had received advice from another lawyer concerning his obligations. The president was angry that the attorney had consulted another lawyer and had revealed information relating to the representation of the corporation. Is the attorney subject to discipline?

A. No, because the attorney consulted the other lawyer for legal advice about his compliance with the rules of professional conduct.

A union offered a group legal services plan for its members. An attorney seeking to generate more income contacted the union about becoming a provider of legal services through the plan. The attorney met face-to-face with a plan representative and discussed the attorney's participation in the plan, including the services the attorney would render and the compensation to be received. The union decided not to use the attorney's services. Is the attorney subject to discipline for this conduct?

A. No, because the attorney did not directly contact the union members who would be using the attorney's legal services.

A woman was injured in a car accident and contacted an attorney about potential representation in a civil suit against the driver of the other car. The attorney met with the woman and informed her about his fee structure . The attorney charged a $1,000 retainer

A. No, because the attorney did not obtain the woman's signature on the written contingent fee agreement.

1. An attorney, her husband, and several friends agreed to share the expense of purchasing four season tickets for the state university's upcoming football season and then to divide the tickets among themselves.

A. No, because the attorney did not receive the funds in connection with a client representation.

1. A potential client consulted an attorney, hoping to hire her to represent him as plaintiff in a medical malpractice action against his doctor. Without mentioning the doctors name, the client described the alleged acts of malpractice and said that they happened more than two years ago.

A. No, because the attorney did what a reasonably prudent lawyer would do in the circumstances---decline to represent the potential client and suggest that he consult other counsel

1. An attorney represented a landowner in the sale of a lakeside tract of land to an out-of-state developer planning to build a golf resort. Two days before the scheduled closing, the attorney attended a lecture at the local historical society during which the presenter stated that the tract had formerly been the site of a fish processing plant, and that the brine solutions used in the processing had contaminated the entire site and made it unsuitable for vegetation, including grass. The attorney promptly sought to persuade the landowner to disclose this information to the developer, but the landowner refused. The attorney immediately withdrew from the representation and sent an email to the developer's lawyer giving notice of withdrawal and disaffirming the transaction documents the attorney had prepared, which included a representation that the land could be used as a golf course. The attorney sent a similar email to the lawyer for the bank that had committed to financing the project. Is the attorney subject to discipline?

A. No, because the attorney sought to avoid assisting the client's intended fraud by sending notices of withdrawal and disaffirmance of documents.

1. An attorney represented the defendant in a civil lawsuit, which was in the middle of a six-month discovery phase. The attorney served subpoenas on the three witnesses in the lawsuit, requiring them to appear in person at depositions on August 15, 16, and 17. The attorney was aware that the plaintiff's lawyer was planning to be on vacation that week, and he selected the dates solely for that reason. The subpoenas complied with the rules of civil procedure, and the attorney reasonably believed that the witnesses had discoverable information. There was no urgency in obtaining this information, and the attorney could have scheduled the depositions for a later time. The witnesses did not experience any inconvenience by attending the depositions on the dates scheduled. The plaintiff's lawyer was forced to cancel her vacation to attend the depositions. Was the attorney's conduct proper?

A. No, because the attorney used means of obtaining information that had no substantial purpose other than to burden the plaintiff's lawyer. Model Rule 4.4(a) prohibits a lawyer from using means that have no substantial purpose other than to burden a third person.

14. A court rule provided that no party could file a legal memorandum longer than 15 pages without the judge's prior permission. In a complex intellectual property case, the plaintiff's attorney asked for permission to file a longer memorandum in support of a forthcoming motion for summary judgment, but the judge denied the request. The attorney reasonably concluded that it would be impossible to file a competent memorandum within the 15-page limit and therefore submitted a 30-page memorandum. On the first page, the attorney acknowledged that the memorandum did not comply with the page limit but argued that the court's ruling was invalid because compliance would have required the attorney to represent the plaintiff incompetently. The attorney asked the judge to reconsider the earlier ruling and accept the memorandum. The judge refused and, as a sanction, denied the summary judgment motion. Is the attorney subject to discipline?

A. No, because the attorney's refusal to comply was open and was based on an assertion that the court had no legal authority to impose a 15-page limit. Model Rule 3.4(c) forbids a lawyer to knowingly disobey a court rule, including one limiting the length of legal memoranda. However, the Rule makes an exception where, as here, the lawyer openly refuses to obey based on an assertion that no valid obligation exists.

1. A personal injury attorney hired a client development company to develop client leads by checking public records and undertaking other lawful research activities to learn the identities and addresses of potential plaintiffs in personal injury actions.

A. No, because the company's representatives did not communicate directly with potential plaintiffs or recommend the attorney's services.

1. A personal injury attorney hired a client development company to develop client leads by checking public records and undertaking other lawful research activities to learn the identities and addresses of potential plaintiffs in personal injury actions. None of the company's representatives were lawyers. The representatives never communicated directly with potential plaintiffs or recommended the attorney's services, but they did conduct Internet searches to review publicly available information, including individuals' social media posts, in order to identify individuals in the attorney's locale who might benefit from the attorney's services. The attorney compensated the company based on the number of client leads that it generated. The company did not work exclusively for the attorney, but provided a similar service to lawyers working in other areas of law practice and in other locations. Upon receiving leads from the company, the attorney mailed letters to some of the potential plaintiffs truthfully describing her qualifications and practice and offering to represent them. Is the attorney subject to discipline?

A. No, because the company's representatives did not communicate directly with potential plaintiffs or recommend the attorney's services.

1. At the first status conference in a civil case, the trial judge disclosed on the record that the defendant's lawyer was the personal attorney for the judge's brother, but said that he believed he could be fair and impartial in the matter and was willing to serve on the case. The judge asked the parties and their lawyers whether they wanted to waive his disqualification or have the case assigned to another judge. The parties conferred with their lawyers at counsel table. The judge remained in the courtroom and overheard the discussion, but did not participate in the discussion. Although the plaintiff expressed reservations about the judge's continued service on the case, the plaintiff's lawyer advised her that, because it was a jury trial where the jury would decide the merits, and because the judge was an experienced trial court judge, the plaintiff should waive the disqualification. Both parties waived the judge's disqualification on the record. Did the judge handle the matter properly?

A. No, because the judge remained in the courtroom while the parties conferred with their lawyers at counsel table about the disqualification.

1. A law firm represented an oil company in a merger transaction in which the oil company acquired all of the assets of a smaller petroleum company in exchange for a specified amount of capital stock of the oil company. The law firm's work for the oil company was limited to the antitrust and securities law issues raised by the merger, and the firm lawyers who worked on the matter

A. No, because the merger matter and the discrimination case are unrelated matters and because the law firm did not gain confidential information from the oil company that would be material in the discrimination case.

13. An attorney represents the estate of a recently deceased widower, whose will the attorney drafted. The widower left all of his estate to a niece, expressly disinheriting his adult son. The son has retained a lawyer to challenge the will. The son's lawyer has informed the attorney that he intends to call the attorney as a witness for the son at trial. The son's lawyer has not stated why he will call the attorney, and the attorney does not know what testimony she can offer. The son's lawyer has demanded that the attorney withdraw. Must the attorney withdraw from representing the estate at trial?

A. No, because there is no indication that the attorney will be a necessary witness at trial. Under Model Rule 3.7, the attorney may not serve as advocate in a trial if she is "likely" to be a "necessary witness." By merely stating his intention to call the attorney as a witness without indicating the subject of the attorney's testimony, the son's lawyer has failed to make the attorney a likely and necessary witness.

1. An attorney limits her law practice to the representation of the plaintiffs in actions for medical malpractice. She has developed a standard employment contract to use with all clients who desire a contingent fee arrangement.

A. The clause is proper

1. The State Bar and the State University are joint sponsors of the Sate Continuing Legal Education Foundation. The purpose of the foundation is to provide continuing legal education to lawyers and judges in the state. Its board of directors is composed

A. The judge may serve on the board of directors if it does not interfere with her judicial duties.

1. A judge serves on a state trial court that has nine other judges. Her husband is a life insurance salesman for a large life insurance company.

A. Yes, because acceptance of the prize cannot reasonably be perceived as undermining the judge's integrity or impartiality

1. An attorney represented a client in a business matter. The client gave the attorney $1,000 to cover filing fees and other expenses related to the representation. The attorney deposited the $1,000 in his

A. Yes, because all advances for expenses should be deposited in the clients' trust account and withdrawn only as expenses are incurred.

A lawyer assigned his secretary to manage his client trust account. The lawyer gave the secretary extensive, detailed instructions about the kinds of records to keep,

A. Yes, because he did not adequately supervise the secretary

1. A full time judge lives in state A. Her father lives in a retirement home in State B. The judge's father told her that several of his friends in the retirement home had employed an attorney to write wills for them

A. Yes, because she has received information indicating a substantial likelihood that the attorney has violated legal ethics.

14. A newly admitted attorney was employed by a law firm specializing in personal injury law. Her supervisor, an experienced lawyer, told her that he had retained a private investigator who was not a lawyer to interview prospective jurors in an automobile accident case, and he asked her to work with the private investigator in drafting questions for the interviews. The newly admitted attorney asked her supervisor if it was proper to contact prospective jurors, and he assured her that this was standard practice in the state. Relying on the supervisor's advice, she assisted the investigator in drafting questions for the interviews. If she had reviewed the court's local rules, she would have quickly discovered that there was a rule expressly forbidding any ex parte contact with prospective jurors. A prospective juror complained to the court when contacted by the investigator, and the court referred the matter to the lawyer disciplinary authority. Is the newly admitted attorney subject to discipline?

A. Yes, because she knowingly assisted the investigator in an ex parte contact with a prospective juror.

14. A client, inexperienced in legal matters, retained an attorney to defend her in an eviction proceeding commenced by her landlord. The landlord's complaint alleged that the client had failed to pay three months' rent. The client took the position that she was entitled to withhold rent payments because the landlord had failed to make necessary repairs. The attorney knew that the sister of one of 10 associates in the attorney's law firm was representing the landlord in various matters, including the eviction proceeding. The attorney informed the client about the associate's relationship to the landlord's lawyer, and the client did not object. The associate would not participate in any way in the matter. When the attorney filed his appearance in the matter, the landlord did not object. Was it proper for the attorney to accept the representation?

A. Yes, because the associate's conflict was not imputed to the attorney. . Under Model Rule 1.7, the associate had a conflict of interest based on a personal interest and would have needed the client's informed consent to represent the client in litigation in which the associate's sister was opposing counsel. However, Model Rule 1.10(a) provides that a lawyer's personal-interest conflict is not imputed to other lawyers in the same firm unless it presents a significant risk of materially limiting the other lawyers' representation of the client.

1. A man who has been arrested and charged w/ aggravated battery hires an attorney recommended to him by his brother. Neither the accused nor his brother knows that the attorney plans to run for public office and is always interested in getting as much publicity

A. Yes, because the attorney did not convey the offer of a lesser charge to her client.

14. An attorney represented a state's association of retail grocers. Last month, at the association's request, the attorney testified before a consumer affairs committee of the state's legislature. The committee was holding hearings on a bill that would require that milk cartons display the date on which the milk was delivered to the grocer, in addition to the final date for legal retail sale already required by law. The association opposed this bill because its members feared that consumers would refuse to buy milk that had not been delivered in the past three or four days, even though it was perfectly fresh. At the committee hearing, the attorney was sworn in and identified herself as a lawyer and a concerned citizen. She testified that in her opinion the bill would needlessly increase the price of milk. She also claimed that the bill violated substantive due process and was unconstitutional. In preparing her testimony, the attorney had found no legal authority in support of this claim and strong authority to the contrary. Nevertheless, the attorney sincerely believed that the bill was unconstitutional. Is the attorney subject to discipline?

A. Yes, because the attorney failed to disclose that she was appearing on behalf of a client. The attorney failed to disclose that she was appearing on a client's behalf, which Model Rule 3.9 requires when a lawyer appears in a representative capacity before a legislative body. Answer option C is necessarily incorrect for the same reason. Answer option A is incorrect. Model Rule 3.1, which prohibits making frivolous arguments in a legal proceeding, does not apply to lawyers appearing before a legislative body, as the attorney did here. Answer option D is incorrect. Although Model Rule 3.9 did not require the attorney to identify the specific client on whose behalf she was appearing, the Rule did require her to disclose that she was appearing in a representative capacity.

1. An attorney represented a client who was a party to a binding private arbitration concerning a commercial dispute. The attorney called a witness to testify on the client's behalf. Later, just before the arbitrator was to render a decision, the attorney learned that the witness had testified falsely. The client refused to permit the attorney to inform the arbitrator of the false testimony. The attorney immediately informed the arbitrator that the attorney was withdrawing from the representation, citing "professional differences" as a reason for the withdrawal. Based significantly on the client's false testimony, the arbitrator ruled in favor of the client. Is the attorney subject to discipline?

A. Yes, because the attorney failed to inform the arbitrator that the witness had testified falsely.

14. An attorney represented a seller in a transaction involving the sale of solar panel systems. As a condition to closing the sale, the buyer required that the seller's attorney provide the buyer an opinion letter stating that there were no liens against the solar panel systems. The seller's attorney provided the opinion, relying on an affidavit from the seller. A reasonable investigation of the county records would have revealed that multiple liens were on file. After the buyer purchased the systems from the seller, the buyer learned about the existence of the liens. The existence of these liens caused the buyer to suffer losses. Is the seller's attorney subject to civil liability in an action by the buyer?

A. Yes, because the attorney invited the buyer to rely on his opinion letter. The attorney's act of providing the required opinion letter to the buyer invited the buyer to rely upon it. Therefore, the attorney is liable to the buyer for losses suffered as a result of that reliance.

An attorney, who was well known in the community for previously representing a celebrity in a high-profile murder case, regularly served as a guest speaker at various legal seminars. At a criminal law seminar, he presented a hypothetical in which he never named his high-profile former client but outlined all the facts relevant to the murder case. Many of the facts he referenced were widely known among the general population, and many of the participants in the seminar rightly assumed that the attorney was talking about his celebrity client. Were the attorney's actions with regard to disclosure improper?

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

1. An attorney represented a buyer in connection with the purchase of a parcel of commercial real estate. The buyer orally authorized the attorney to agree to pay up to $10 million but preferred a sales price between $7.5 and $8.5 million.

A. Yes, because the attorney's conduct fell within generally accepted conventions in negotiation.

An associate at an insurance defense law firm worked on many automobile accident claims on behalf of an insurance company under the supervision of a partner. As part of that work, she performed extensive legal research that was incorporated into memoranda filed by the partner, who attended hearings on the matter. All research projects were based on assignments from the partner, and it was not necessary that the associate reviewed the files, so she never did. After the partner left the firm, the insurance company terminated its relationship with the firm. The firm then agreed to represent a different insurance company in a case involving a dog bite in which the opposing party was insured by the former-client insurance company. Is it proper for the firm to represent the new insurance company?

A. Yes, because the dog bite matter is not substantially related to the previous automobile accident cases.

1. A judge was in his chambers at 7:30a.m. when the telephone rang. Because neither his clerk nor his secretary had arrived yet, the judge answered the telephone and identified himself. The caller, one of the attorney's scheduled to appear in that morning's oral argument, stated that he could not attend the hearing

A. Yes, because the ex parte communication was for scheduling and administrative purposes only.

The owner of real property who entered into a contract to sell the property employed a lawyer to conduct a title search. The lawyer's properly performed search revealed a cloud on the seller's title that rendered the property unmarketable. The lawyer provided this information to the buyer. As a consequence, the buyer refused to complete the sale. Has the lawyer violated the rules of professional conduct?

A. Yes, because the lawyer failed to obtain the seller's consent before revealing the information to the buyer.

1. A law firm decided to use an outside computer company to manage its documents. The firm's managing partner believed that the use of such outside companies was consistent with general law firm practice. The firm relied upon the marketing materials of the computer company without conducting further investigation. The company had never managed the files of a law firm and did not properly secure the law firm's files. As a result, the law firm's files were compromised and clients had to be notified that their confidential information had been revealed outside the law firm. Is the managing partner of the law firm subject to discipline?

A. Yes, because the managing partner did not take reasonable measures to ensure that the company selected was competent to protect confidential client information.

1. A law firm decided to use an outside computer company to manage its documents. The firm's managing partner believed that the use of such outside companies was consistent with the general law firm practice.

A. Yes, because the managing partner did not take reasonable measures to ensure that the company selected was competent to protect confidential client information.

An attorney at a law firm was hired to represent a client involved in a car accident. After reading the police report, the attorney realized that a partner in his law firm was a witness to the accident. The attorney interviewed the partner and concluded that the partner's version of the accident significantly undermined his client's position. Consequently, although the attorney did not plan to call the partner to testify, the attorney anticipated that the opposing party was likely to do so. Had the partner rather than the attorney been asked by the client to represent her, the partner would have been required by the conflict rules to decline. Is the attorney subject to disqualification from representing the client?

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

1. A wealthy woman asked an attorney to handle her divorce. The attorney initially refused to represent the woman, because she was known to have sued several lawyers who had previously represented her. The woman pleaded with the attorney to represent her and offered to sign an agreement waiving her right to sue him for malpractice. The attorney reluctantly agreed to represent the woman, but he required her to sign a written retention agreement clearly stating that she agreed that the attorney would not be liable for damages to the woman for any legal malpractice. Although the attorney advised her to consult independent legal counsel before entering into the agreement, the woman declined to do so. Is the attorney subject to discipline?

A. Yes, because the prospective limitation on liability was agreed to by the woman without independent representation. Answer option B is correct. Under Model Rule 1.8(h)(1), a lawyer may enter into an agreement to limit malpractice liability, but only if the client is independently represented in forming the agreement. Here, the woman was not independently represented. Answer option A is necessarily incorrect for the same reason. Answer option C is incorrect. It is not sufficient to advise the client to seek independent legal counsel. Answer option D is incorrect. It is insufficient that the agreement is otherwise reasonable and in writing.

1. A criminal defense attorney has been asked to serve as a member of a local community justice board. The board was established pursuant to a state law permitting localities to establish community-based programs for defendants who are considered suitable candidates for alternatives to incarceration in local correctional facilities. The board is responsible for the development, implementation, operation, and evaluation of the policies and procedures applicable to implementing the state law. It does not make any determinations in individual cases. When the attorney knows that the interests of a current client may be materially benefited by a decision of the board in which the attorney participates, the attorney will disclose that fact to other members of the board but will not identify the client. May the attorney serve as a member of the board?

A. Yes, because when the attorney knows that the interests of a current client may be materially benefited by a decision in which the attorney participates, the attorney will disclose that fact. Under Model Rule 6.4, the attorney is permitted to be a member of the board, even though the board's decisions may affect interests of his clients. However, when the attorney knows that a client's interest may be materially benefited, the attorney must disclose that fact.

14. An attorney in a state agency received a complaint from a woman alleging unlawful acts by a broker. In accordance with the agency's procedures, the attorney determined that the complaint stated a cognizable claim and forwarded a copy of it to the broker for his response. Shortly after forwarding the complaint to the broker, the attorney left the state agency in order to take a semester of specialized coursework at a local law school. After the attorney had left the state agency, the broker retained a law firm to defend him. The law firm prepared and submitted a response denying the woman's factual allegations. After completing her coursework, the attorney began looking for new employment, and six months later, she obtained employment as an associate with the law firm representing the broker. At that time, the broker's case was scheduled for a hearing before an administrative law judge at the state agency. The law firm assigned the attorney to assist in the representation of the broker and the attorney agreed. Several months later, when the state agency learned that the attorney was working on the broker's matter, it filed a complaint against the attorney with the appropriate disciplinary authority. Is the attorney subject to discipline?

A. Yes, because while employed at the state agency, the attorney determined that the complaint against the broker stated a cognizable claim.

1. The state in which a tax attorney practices levies an annual tax on trusts for the benefit of minors. Tax returns must be filed, and the taxes must be paid, by March 15;

A. Yes, even though the March 15 deadline has not yet passed.

READ

As general partners, the lawyers are jointly and severally liable for obligations of the law firm.

1. A judge was appointed to the bench after a lengthy career as a prosecutor in a small community. The judge had little experience with civil cases and was concerned

B

During the first three years as an attorney, a prestigious trial judge was a member of a civil law firm that specialized in civil litigation. While working at that law firm, the trial judge handled family law cases exclusively.

B

1. A farmer asked an attorney to represent him in an eminent domain proceeding in which the state sought to obtain a right-of-way across the farmer's land.

B. Yes, because she did not consult the farmer about associating the specialist.

1. A concerned environmentalist hired a lawyer to obtain preliminary and permanent injunctions against a highway construction project that would require draining and filling certain wetlands

C. $11,000

1. An attorney and her client entered into a written retainer and hourly fee agreement requiring the client to pay $5,000 in advance of any services rendered by the attorney and requiring the attorney to return any portion of the $5,000 that was not earned.

C. No because the attorney's failure to withdraw her fees as billed resulted in an impermissible commingling of her funds and the client's funds.

1. A lawyer runs a television ad. In the ad, he appears in an expensive suit which he otherwise never wears and is surrounded by law books which he does not own or use since he does all his legal research online

C. No, because the advertisement was truthful and not misleading.

1. A young associate was assisting a senior partner in writing the reply brief in an appeal for one of the partner's clients. In doing the legal research, the associate discovered a recent case from the controlling jurisdiction that had not been cited

C. No, because the associate should abide by the partner's resolution of the matter.

1. A district court judge heard through the "courthouse grapevine" that the district attorney was investigating corrupt practices in the courts and that the investigation focused on some as yet unascertained time in the past.

C. No, because the judge's disclosures to the retired attorney dealt with past crimes.

1. During his second year in law school, a law student's wife divorced him, as a result of which he suffered serious emotional imbalance.

C. Now, the professor may support the law student's re-petition because she believes that he has regained his emotional balance.

1. A car owner is insured under an auto liability policy issued by a nationally known insurance company. The policy requires the insurance company to provide a lawyer to defend the car owner, and it requires the car owner to cooperate in the defense.

C. Promptly seek the court's permission to withdraw from the matter, without revealing the car owner's confidential statement to anyone.

1. An attorney has a highly efficient staff of paraprofessional legal assistants , all of whom are graduates of recognized legal assistant educational programs. Recently, that statute of limitations ran against a client's claim when a legal

C. The attorney is subject to civil liability but is NOT subject to discipline unless the attorney failed to adequately supervise the legal assistant.

1. A lawyer handles plaintiff's mass tort cases. When he wants to make a settlement offer, he always does so in writing and sends a copy

C. Yes unless the opposing counsel knows that he is sending the letter to the defendant and consents to his doing so.

1. A lawyer represents a client who is a writer and producer of Broadway stage plays. This morning the client telephoned the lawyer with great news-a famous actor has agreed to star in his new stage play. The client stated that with this famous actor in the lead, the play is certain to be a long-runner blockbuster.

C. Yes, because the lawyer profited by $5,000 from trading on her client's confidential information. She can be ordered to disgorge her profit to her client.

1. The state bar association has established a peer counseling program where lawyers who are addicted to alcohol or other drugs can receive confidential counseling from other lawyers. The bar association 's ethics rule on confidential information provides

C. Yes, even if the lawyer objects.

1. A swimming coach was charged with assault of another coach. The swimming coach hired a criminal attorney to defend him. Subsequently, the swimming coach pleaded not guilty and was released on his own recognizance,

C. Yes, provided that the swimming coach proves by a preponderance of evidence that he did not commit the assault on the opposing coach.

1. Continuously since 1910, the law firm of Alpha & Beta has practiced under that name. The founders of the firm are long dead. No partner named Beta now practices with the firm.

C. Yes, unless the firm name would be misleading.

1. A lawyer is representing a client who is being tried for murder. During the trial, the prosecution calls the ex-wife as a witness,. To the lawyer's surprise, the prosecution asks the ex-wife whether the defendant ever admitted to her that he had committed the murder.

D

1. A plaintiff and a defendant are locked in a bitter commercial dispute. A partner at a well- established law firm is representing the plaintiff. A newly admitted attorney is representing the defendant, who has filed a counterclaim against the plaintiff, alleging that the plaintiff is the real wrongdoer, having stolen the defendant's trade secrets and engaged in unfair competition.

D

1. A client hired a lawyer to do the legal work in connection with a complex public securities offering. The lawyer agreed to do the work for a set hourly fee. The lawyer did a great deal of legal research, prepared numerous memoranda of fact and law, and drafted most of the documents needed for the public offering.

D. All of the papers, even though the client fired the lawyer

1. In a medical malpractice trial, a woman's estate alleges that the defendant surgeon negligently failed to remove a cancerous tumor . The estate's lawyer will be calling three witnesses to testify on the estate's behalf.

D. No because it is improper to make a contingency fee arrangement with an expert witness

1. A client retained a lawyer to appeal his criminal conviction and seek bail pending appeal. They agreed on a fee of $200 an hour for the appearance on the bail hearing. The client paid the lawyer $2,000, $500 of which was for bail costs if the lawyer could obtain bail.

D. No because she would have to write the client an $800 check and keep $1200 in the Clients' Fund Account until the dispute is resolved.

1. An experienced oil and gas developer asked an attorney to represent him in a suit to establish the developer's ownership of certain oil and gas royalties.

D. No because the attorney may contract with the developer for a reasonable contingent fee.

1. An attorney has experienced several instances in which his clients failed to pay their fees in a timely manner when it was too late in the representation to withdraw without prejudicing the clients.

D. No because the client's failure to pay fees when due may be insufficient in itself to justify withdraw.

1. An attorney represented a landlord in a dispute with her longtime tenant, who had recently decided not to renew his lease. The landlord wanted to retain the security deposit to pay for extensive damage to the carpeting

D. No, because the landlord and tenant spoke to each other directly.

1. A patent attorney focuses her practice on patents that involve genetically engineered medicines. Representatives of a bioengineering firm had a preliminary conversation with the attorney about representing the bioengineering firm in a patent infringement action against a pharmaceutical corporation.

D. No, because the prior conversation between the attorney and the bioengineering firm's representatives did not involve confidential information.

1. For the past five years, an attorney has represented an art dealer in the sale of many valuable paintings. One of the major transactions occurred three years ago, when the art dealer sold a landscape purportedly painted by Vincent van Gogh

D. Refuse to represent the art dealer in the present transaction

1. A law student is applying for admission to the State A Bar. When the law student was in high school, he and his parents lived in State B. His next door neighbor was an attorney admitted to practice in State B

D. She should state what she knows about the law student, including mention of his burglary conviction.

1. A defendant asked a lawyer to defend him in a criminal case in which the defendant was charged with running a gambling operation. The defendant was known in the community as a wealthy person, but one who seldom kept his word and seldom paid his bills.

D. The lawyer is not subject to discipline because all of his described conduct was proper.

1. A law firm has 3000 lawyers in 20 states. It has placed the supervision of all routine administrative and financial matter in the hands of a nonlawyer administrator.

D. Yes because the administrator does not control the professional judgment of the lawyers.

READ

Model Rule 1.15 addresses a lawyer's obligations to avoid commingling third-person funds with the lawyer's own funds only when the lawyer holds those funds "in connection with a representation."

READ

Model Rule 2.3 provides that when the lawyer knows that an evaluation is likely to materially and adversely affect the client's interests, the lawyer may provide the evaluation with the client's informed consent

1. An attorney represented a client who was a plaintiff in a personal injury action. The personal injury action was settled, and the attorney received a check in the amount of $10,000 payable to the attorney. The attorney deposited the check in her clients' trust account. One day later, the attorney received a letter from the bank

No because the bank has no establishment right to the specific proceeds of the client's personal injury judgment.

1. Before his appointment to the federal bench, a judge had been active in the local chapter of a civil rights organization devoted to racial equality and had been a mentor to many local civil rights lawyers ]. After two years on the bench, the judge was assigned to preside over a complaint alleging that the plaintiff

No, because on these facts the judge's impartiality cannot reasonably be questioned.

1. A clerical employee asked an attorney to represent her without charge in an employment dispute. The employee believed that she had been denied a promotion because of her age. After interviewing the employee, the attorney suggested that she file a complaint with the city's human rights

No, because the attorney properly limited the representation to advising the employee how to represent herself in an administrative action.

1. An attorney represented a client indicted for criminally defrauding persons seeking financial investment advice. The client confided to the attorney that he had committed the fraud. The attorney had not represented the client during the time that the client was fraudulently obtaining money in the investment advice scheme.

No, because the attorney's services were not used in furtherance of the client's fraud.

1. A defendant retained an attorney to defend him in a criminal prosecution for tax evasion. At the time the attorney was retained, the defendant was not able to pay the attorney's fee of $20,000 but believed he would be able to dos so within a year.

No, because the fee and the terms of the promissory note and mortgage were fair and reasonable, and the attorney urged the defendant to seek independent legal counsel.

1. At the first status conference in a civil case, the trial judge disclosed on the record that the defendant's lawyer was the personal attorney for the judge's brother, but said that he believed he could be fair and impartial in the matter and was willing to serve on the case.

No, because the judge remained in the courtroom while the parties conferred with their lawyers at counsel table about the disqualification.

1. A partner in a law firm was elected to the state legislature for a term of four years. During that time, she took a leave of absence from the firm, intending to return to the firm if she was not reelected

No, because they continued to use her name while she served in the state legislature.

READ

Under Model Rule 4.3, a lawyer is not permitted to give any legal advice to an unrepresented person, except the advice to secure counsel.

1. A newly admitted attorney was employed by a law firm specializing in personal injury law. Her supervisor, an experienced lawyer, told her that he had retained a private investigator who was not a lawyer to interview prospective jurors in an automobile accident case, and

Yes, because she knowingly assisted the investigator in an ex parte contact with a prospective juror.

1. An attorney represented a client who was the plaintiff in a personal injury case. The attorney's fee was to be 25% of the gross recovery. While the case was pending, a creditor with an $80,000 judgment against the client obtained a valid lien

Yes, because she paid settlement proceeds to the client in knowing disregard of the lien.

1. After a lengthy bench trial, a judge took the case under advisement. In due course, she decided to rule in favor of the plaintiff. Because neither party had submitted proposed findings of fact

Yes, because the attorney did not send a copy of the proposed findings of fact and conclusions of law to the defendant's lawyer.

1. An attorney represented a plaintiff in a breach of contract action. The contract contained a provision that awarded the prevailing party legal fees from the opposing party. After the jury found in favor of the plaintiff, the attorney filed a motion for legal fees with an affidavit that truthfully stated that the client had paid the attorney $10,000 in legal fees for the representation. The fees were based upon an hourly rate of $200 for pretrial work and an hourly rate of $300 for work performed during the trial.

Yes, because the attorney's testimony related to the nature and value of his legal services in the case.

1. A state probate court judge has been asked to serve on the board of directors of a public interest group seeking to improve the law primarily through litigation exclusively in federal courts.

Yes, because the position would not interfere with performance of the judge's judicial duties.

1. A tax lawyer and a wills and estates lawyer formed a law firm together as a general partnership. The two lawyers agreed to split profits equally.

Yes, because the wills and estates lawyer is a general partner of the tax lawyer.

1. Solo practitioners Alpha and Beta share office space. Each of them has organized her practice as a professional corporation. The sign on their office door reads:

answer unknown