ppr questions

A member of the bar is a candidate for judicial office in an election. The candidate personally asked several of his friends to contribute $1,000 each to kick off his campaign. After the candidate's friends made the contributions, the candidate, who was elated by the support, formed a committee to collect more contributions. The candidate then turned over the contributions to the committee and began campaigning in earnest. Is the candidate subject to discipline? Answers: a) No, because the candidate turned over the funds to his committee. b) No, unless the committee includes lawyers likely to practice before the candidate. c) Yes, unless none of the original contributors was a lawyer. d) Yes, because the candidate personally solicited funds.

d) Yes, because the candidate personally solicited funds.

A woman had a meeting with an attorney to discuss the attorney's possible representation of her in a divorce. They discussed the facts and circumstances of the divorce, as well as the attorney's fees. At the conclusion of the meeting, the woman told the attorney that she looked forward to working with him. The attorney sent her home with a representation agreement, which he told her to sign and return to him with the discussed retainer. Later that day, the woman's husband, who was a senior manager of a large corporation, asked the attorney to represent him. The attorney realized that he might be able to get other business from the husband and agreed to represent him. When the wife returned the signed representation agreement, the attorney informed her that he was now representing her husband. Is the attorney's representation of the husband proper? Answers: A) No, because the wife had discussed the facts and circumstances of her divorce with the attorney. B) No, because the attorney gave the wife a representation agreement to sign. C) Yes, because the wife and the attorney did not enter into an attorney-client relationship. D) Yes, because the wife had not paid a retainer when the attorney agreed to represent the husband.

A) No, because the wife had discussed the facts and circumstances of her divorce with the attorney

A prominent politician contacted a well-respected and successful lawyer about representing her in a divorce action. During the initial consultation, the wife revealed that she was having an affair. At the conclusion of the consultation, the lawyer declined to represent her. The politician responded, "Good. I only wanted to make sure you couldn't represent my husband." Shortly afterwards, the lawyer, in order to discredit the politician, revealed to a reporter that the politician was having an affair. Is the lawyer subject to discipline? Answers: A) No, because the lawyer did not owe a duty of confidentiality to the politician. B) No, because the lawyer declined to represent the politician. C) Yes, because the lawyer revealed information learned from a consultation with a prospective client. D) Yes, because the lawyer revealed the politician's affair in order to discredit her.

A) No, because the lawyer did not owe a duty of confidentiality to the politician.

A judge is presently serving on a state intermediate appellate court. This court, in opinions written by her, has decided several controversial cases in which the court has held that the Fourteenth Amendment to the United States Constitution does not guarantee due process protection to state prison inmates who are disciplined by prison authorities for violating the prison's rules of conduct. The judge is now a candidate for election to a vacancy on the state supreme court. She is vigorously opposed by several organizations concerned with the conditions under which prisoners are incarcerated in the state's prison. The judge is scheduled to be interviewed on television and has been informed that questions will be asked of her concerning those decisions and her attitude on the subject of prisoners' rights. Which of the following is proper for the judge to say during the interview? Answers: A) "I believe that the issues raised by the organizations opposing me are appropriate matters for legislative consideration." B) "In my opinion, incarceration for the commission of a crime carries with it a loss of civil liberties in prison discipline proceedings." C) "I am convinced I was right in those cases and will make the same decision in similar cases in the future." D) All of the above are proper.

A) "I believe that the issues raised by the organizations opposing me are appropriate matters for legislative consideration."

An attorney represents a defendant in bitter and protracted litigation. The attorney, at the defendant's request, has made several offers of settlement to the plaintiff's lawyer, all of which have been rejected. During a week's recess in the trial, the defendant's attorney and the plaintiff were both present at a cocktail party. The plaintiff went over to the defendant's attorney and said: "Why can't we settle that case for $50,000? This trial is costing both sides more than it's worth." Which of the following is a proper response by the defendant's attorney? Answers: A) "I can't discuss the matter with you." B) "If that's the way you feel, why don't you and the defendant get together." C) "I agree. We already have made several offers to settle this matter." D) "That's a good idea. Call my office tomorrow so that we can discuss the details."

A) "I can't discuss the matter with you."

A well-known defense attorney met with a criminal defendant regarding representation of the defendant in a highly publicized case. During the meeting, the attorney told the defendant, who was indigent, that she would represent him if he agreed to grant her movie rights regarding the representation. The client agreed to these terms, and the attorney provided him with a written consent form setting forth the terms of the representation and advising him to seek independent counsel. The attorney met with the defendant several days later, at which time he returned a signed copy of the written consent form. He told her that he had not consulted with another attorney. The attorney succeeded in obtaining an acquittal at trial and began shopping a movie based on the case to television studios shortly thereafter. Were the attorney's actions in securing the movie rights based on the case proper? Answers: A) No, because the attorney negotiated for movie rights prior to the conclusion of the representation. B) No, because the defendant did not obtain independent legal counsel before signing the consent form. C) Yes, because the defendant signed a written consent form after being advised of his right to seek independent counsel. D) Yes, because the attorney negotiated for movie rights as a replacement for fees.

A) No, because the attorney negotiated for movie rights prior to the conclusion of the representation.

An attorney was retained to represent a client charged with assault. The attorney interviewed several of the client's friends and colleagues in a search of character witnesses. In one such interview, the client's secretary revealed that the client, who was a banker, often skirted legal and ethical lines. After the client was acquitted, the attorney's friend called to congratulate him. The attorney mentioned that it might not be long before the client found himself in legal trouble again, and he told his friend about the conversation with the client's secretary. Was the attorney's action in revealing what he learned from the client's secretary proper? Answers: A) No, because the attorney was bound by the duty of confidentiality. B) No, because the conversation with the secretary was protected by attorney-client privilege. C) Yes, because the attorney's representation of the client had concluded. D) Yes, because the conversation was not protected by the attorney-client privilege.

A) No, because the attorney was bound by the duty of confidentiality.

A defendant, who has been indicted for auto theft, is represented by an attorney. The prosecutor reasonably believes that the defendant committed the offense, but, because of the defendant's youth, it is in the interest of justice to permit him to plead guilty to the lesser offense of "joy-riding" in return for an agreement by the prosecutor to recommend probation. The prosecutor has so advised the attorney, but the attorney told the prosecutor she would not plea bargain and would insist on a jury trial. The attorney informed the defendant of the prosecutor's offer and advised the defendant not to accept it. The defendant followed the attorney's advice. The attorney is a candidate for public office, and the prosecutor suspects that the attorney is insisting on a trial of the case to secure publicity for herself. Which of the following would be improper for the prosecutor? Answers: A) Send a member of his staff who is not a lawyer to consult with the defendant. B) Move the trial court to dismiss the indictment and accept a new complaint charging the offense of "joy-riding." C) Proceed to trial on the indictment and prosecute the case vigorously. D) All of the above would be improper.

A) Send a member of his staff who is not a lawyer to consult with the defendant.

An attorney represented a plaintiff who sued a defendant for injuries the plaintiff sustained in a car accident. Prior to trial, the attorney interviewed a witness who stated that she had observed the defendant drinking heavily hours before the accident. Unfortunately, on the eve of trial, the witness informed the attorney that she was ill and could not testify at trial. The attorney tried but could not obtain a continuance. As a result, the plaintiff's direct case rested solely on the plaintiff's testimony that the defendant was speeding and that the defendant's car crossed the middle line and hit the plaintiff's car. The defendant testified that he was driving safely in compliance with all rules and that the accident was entirely the plaintiff's fault. On cross-examination, the attorney asked the defendant, "Isn't it a fact that you were drinking prior to the accident?" The defendant answered that he had not consumed alcoholic beverages on the day of the accident. In summation to the jury, the attorney stated: "Ladies and gentlemen of the jury, you and I know that the defendant lied when he stated that he had not consumed alcoholic beverages on the day of the accident. We know that he was impaired." On which of the following grounds, if any, would the attorney NOT be subject to discipline? Answers: A) The attorney's question to the defendant implying that the defendant had consumed alcoholic beverages when the attorney knew that he could not offer evidence of the defendant's drinking. B) The attorney's statement to the jury asserting that the attorney knew that the defendant was drunk when no evidence in the record supported this allegation. C) The attorney's statement asserting a personal belief that the defendant was drunk and lying. D) The attorney is subject to discipline on all of these grounds.

A) The attorney's question to the defendant implying that the defendant had consumed alcoholic beverages when the attorney knew that he could not offer evidence of the defendant's drinking.

A general partnership litigation firm hires new law school graduates as associates. These new lawyers are largely left to their own resources to practice law. The firm accepts many small litigation matters and assigns them to the associates for training purposes. No senior partners are assigned to supervise this work. It is assumed that if an associate needs help on a case, he or she will seek the guidance of a more senior attorney. A client retained the firm to pursue a claim for breach of contract against the city. A first-year associate was assigned to the client's case. The associate failed to comply with the applicable 30-day notice requirement for filing a complaint against the city, and the client lost the chance to recover $5,000 owed to the client by the city. When the complaint was dismissed for failure to comply with the notice requirement, the associate instead told the client that the case was dismissed on the merits. Which of the following statements is NOT true? Answers: A) The law firm is subject to discipline for failure to supervise the associate. B) The individual partners of the firm are subject to discipline for failure to make reasonable efforts to establish a system providing reasonable assurance that all lawyers in the firm comply with the rules of professional conduct. C) The associate, an unsupervised subordinate lawyer, is subject to discipline for making misrepresentations to the client. D) Both the law firm and the associate are subject to civil liability for the client's loss.

A) The law firm is subject to discipline for failure to supervise the associate.

A client has retained an attorney to represent him in a contract suit. The attorney's retainer agreement provided that the attorney's fees would be based on a fixed hourly rate, payable at the end of each calendar month. Two months before trial, the client fell behind in the payment of the attorney's monthly billing for fees. The attorney included the following statement on his last billing to the client: "Your account is more than 30 days past due. If amounts due are not paid promptly in accordance with our agreement, I will terminate the representation. If you cannot pay the amount due, I will accept an assignment of your cause of action as security for your fee to me." Two weeks after the last billing, the attorney telephoned the client and told him that he would withdraw from representation if the bill was not paid within 48 hours or adequate security given for its payment. If the bill remains unpaid or unsecured after forty-eight hours, it would be proper for the attorney to: Answers: A) Upon notice to the client, move the court for permission to withdraw. B) Turn the client's file over to another experienced lawyer in town and notify the client that he no longer represents him. C) Accept an assignment of the client's cause of action as security for his fee. D) All of the above are proper.

A) Upon notice to the client, move the court for permission to withdraw.

An attorney represented the plaintiff in an automobile accident case. Two weeks before the date set for trial, the attorney discovered that there was an eyewitness to the accident. The attorney interviewed the witness. Her version of the accident was contrary to that of the plaintiff and, if believed by the trier of fact, would establish that the plaintiff was at fault. The witness told the attorney that she had not been interviewed by defense counsel. The witness also told the attorney that she was uncomfortable with testifying and that she had been thinking about taking a vacation to Europe the following week. The attorney told the witness that, since no one had subpoenaed her yet, she had no obligation to appear. He told her that trials were very difficult for witnesses and suggested that she take the vacation so that she would be unavailable to testify. Is the attorney subject to discipline? Answers: A) Yes, because the attorney asked the witness to leave the jurisdiction. B) Yes, because the attorney did not subpoena the witness knowing she was an eyewitness. C) No, because the witness had not been subpoenaed by the defense. D) No, because the attorney did not offer the witness any inducement not to appear at the trial.

A) Yes, because the attorney asked the witness to leave the jurisdiction.

For many years, an attorney has served as outside counsel to a corporation. Shortly after a change in management, the attorney discovered what she reasonably believed to be a material misstatement in a document she had drafted that the attorney was about to file on the corporation's behalf with a government agency. The attorney advised the corporation's Board of Directors that filing the document was probably criminal. However, the Board disagreed that there was any material misstatement and directed the attorney to proceed with the filing. When the attorney indicated her intention to resign, the corporation argued that a resignation at this time would send a signal that there was a problem with the filing. The corporation urged the attorney to continue the representation, but offered to use in-house counsel to complete the work on the filing. Although she does not know for certain that filing the document is illegal, the attorney reasonably believes that it is. In any event, the attorney is personally uncomfortable with the representation and wants to withdraw. May the attorney withdraw from her representation of the corporation? Answers: A) Yes, because withdrawal is permitted but not required when a client insists on conduct that the lawyer reasonably believes, but does not know, will be criminal. B) Yes, because withdrawal is required when a client insists on conduct that the lawyer reasonably believes, but does not know, will be criminal. C) No, if the corporation is correct that withdrawal would breach confidentiality by sending a signal that the filing is problematic. D) No, if the attorney's withdrawal as outside counsel might affect the corporation's ability to complete the filing in a timely fashion.

A) Yes, because withdrawal is permitted but not required when a client insists on conduct that the lawyer reasonably believes, but does not know, will be criminal.

A corporation hired a law firm to handle all of its corporate work. The firm had not previously represented a corporation on an ongoing basis, but decided that it wanted to attract additional corporate clients. Accordingly, the partners handling the corporation's work began a practice of giving to all lawyers in the firm, on a monthly basis, detailed descriptions of the work they were doing for the corporation for the purpose of illustrating what the firm could do for corporate clients. One of the partners mentioned this practice to the corporation's management, and the corporation complained that its confidences had been violated. Was it proper for the partners to give detailed descriptions of the work being done for the corporation to other lawyers in the firm? Answers: A) Yes, because, absent client instructions to the contrary, lawyers may discuss client information with other lawyers in the firm. B) Yes, because lawyers may discuss client information with other lawyers in the firm, regardless of client instructions to the contrary, so long as the disclosure does not disadvantage the client. C) No, because sharing the information increased the risk that it might be improperly disclosed to third parties outside the firm. D) No, because lawyers may not disclose client information, even to other firm lawyers, unless the disclosure is in furtherance of the representation.

A) Yes, because, absent client instructions to the contrary, lawyers may discuss client information with other lawyers in the firm.

An attorney is a lawyer for a city and advises the city on all tort claims filed against it. The attorney's advice is limited to recommending settlement and the amount thereof. If a claim is not settled and suit is filed, defense of the suit is handled either by lawyers for the city's insurance carrier or by outside counsel specially retained for that purpose. In connection with any notice of claim and before suit is filed, the attorney arranges for an investigator to call upon the claimant at the claimant's home and, with no one else present, to interview the claimant and endeavor to obtain a signed statement of the claimant's version of the facts. The claimant has filed a notice of claim against the city. The attorney has sent an investigator to interview the claimant. Is the attorney subject to discipline for arranging an interview with the claimant? Answers: A) Yes, if the claimant was known by the attorney to be represented by counsel. B) Yes, if the statement taken is later used to the claimant's disadvantage. C) No, because the claimant had not filed suit at the time of the interview. D) No, because the attorney would not be representing the city in any subsequent litigation on the claimant's claim.

A) Yes, if the claimant was known by the attorney to be represented by counsel.

An attorney, who had represented a testator for many years, prepared the testator's will and acted as one of the two subscribing witnesses to its execution. The testator's sister and brother were his sole heirs. The will left the testator's entire estate to his sister and nothing to his brother. Upon the testator's death two years later, the executor named in the will asked the attorney to act as his lawyer in the probate of the will and the administration of the estate. At that time, the executor informed the attorney that the testator's brother would concede that the will was properly executed but intended to contest the will on the ground that he had been excluded because of fraud previously practiced on the testator by the testator's sister. The other subscribing witness to the will predeceased the testator, and the attorney will be called as a witness solely for the purpose of establishing the due execution of the will. Is it proper for the attorney to accept the representation? Answers: A) Yes, if there is no contested issue of fact with respect to the formal execution of the will. B) Yes, because the executor has no beneficial interest under the will. C) No, unless the attorney's services are necessary to avoid substantial hardship to the executor. D) No, because the attorney will be called as a witness in the case.

A) Yes, if there is no contested issue of fact with respect to the formal execution of the will.

Attorney Alpha represents a defendant in an action for personal injuries. Alpha, pursuant to the defendant's authorization, made an offer of settlement to Attorney Beta, who represents the plaintiff. Beta has not responded to the offer, and Alpha is convinced that Beta has not communicated the offer to the plaintiff. State law authorizes a defendant to move for a settlement conference and to tender an offer of settlement. If such a motion is made and the offer is rejected by the plaintiff and the eventual judgment does not exceed the amount of the offer, the plaintiff must bear all costs of litigation, including reasonable fees, as determined by the court, for the defendant's counsel. Alpha, with the defendant's consent, filed a motion requesting a settlement conference, tendered an offer to settle for $25,000, and served copies of the motion and tender on Beta and on the plaintiff personally. Is Alpha subject to discipline for serving the plaintiff with a copy of the motion and tender? Answers: A) Yes, unless service of copies of the motion and tender on the plaintiff were authorized by statute or rule of court. B) Yes, unless Alpha first informed Beta of Alpha's intention to serve copies of the motion and tender on the plaintiff. C) No, because the decision to accept or reject a settlement offer rests with the client. D) No, because the motion and tender became public documents when they were filed in court.

A) Yes, unless service of copies of the motion and tender on the plaintiff were authorized by statute or rule of court.

An attorney represents the defendant, a prominent businessman, in a civil paternity suit brought by a plaintiff, who was formerly the defendant's employee. Blood tests did not exclude the defendant's paternity, and the case is being tried before a jury. The result turns on questions of fact. The defendant has steadfastly denied that he had sexual relations with the plaintiff, while the plaintiff 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 the plaintiff completed her testimony, the attorney was interviewed by a newspaper reporter. Which of the following statements, if believed by the attorney to be true, would be improper for the attorney to make? Answers: A) "As stated in our pleadings, we expect to prove that other men could be the father of the plaintiff's child." B) "We have scientific medical tests proving that the defendant is sterile." C) "We have been unable to locate several people whose testimony will be helpful to us, and I implore them to contact me immediately." D) None of these statements is improper.

B) "We have scientific medical tests proving that the defendant is sterile."

An attorney, who represented a plaintiff, received a check from the defendant payable to the attorney's order in the sum of $10,000 in settlement of the plaintiff's claim against the defendant. The plaintiff had previously paid the attorney a fee, so no part of the $10,000 was owed to the attorney. Which of the following would not be proper? Answers: A) Endorse the check and send it to the plaintiff. B) Deposit the check in the attorney's personal bank account and send the attorney's personal check for $10,000 to the plaintiff. C) Deposit the check in a Clients' Trust Account, advise the plaintiff, and forward a check drawn on that account to the plaintiff. D) All of the above would be proper.

B) Deposit the check in the attorney's personal bank account and send the attorney's personal check for $10,000 to the plaintiff.

An attorney represented an actor in a contract dispute with the producer of a play. During the dispute, the attorney and the actor had a brief sexual relationship. Prior to engaging in sexual relations, the attorney informed the actor that the attorney was prohibited from having sex with a client. The actor dismissed the attorney's concerns, saying that it didn't matter. Sexual relations between the two terminated before the dispute was resolved. The dispute was resolved to the satisfaction of the actor. Was the attorney's action regarding the relationship proper? Answers: A) No, because an attorney may not engage in a sexual relationship with a client. B) No, because a client may not waive a conflict stemming from a sexual relationship with the attorney. C) Yes, because the client consented to the sexual relationship despite knowledge of the prohibition. D) Yes, because the contractual dispute was resolved to the satisfaction of the client after the sexual relationship with the attorney terminated.

B) No, because a client may not waive a conflict stemming from a sexual relationship with the attorney.

An attorney regularly represented oil companies that supported drilling in the state in which he lived and worked. The attorney diligently represented his clients and did not let his personal beliefs interfere with his ability to represent them, even though he was morally opposed to drilling. He also belonged to a nonprofit legal services agency organized to represent the residents of cities and towns affected by hazardous environmental agents in any legal action based on the effects of those agents. The group also raised community awareness on the dangers of drilling on various segments of the community, including children. The attorney attended all of the group's meetings and events but abstained from voting on all matters related to the organization's mission and objectives. Is the attorney subject to discipline for his involvement with the agency? Answers: A) No, because he did not serve as a director or an officer of the agency. B) No, because he did not knowingly participate in decisions incompatible with his obligation to his clients or the agency's clients. C) Yes, because the agency's efforts might have an adverse effect on the attorney's clients. D) Yes, because the attorney knowingly participated in an agency whose efforts might have an adverse effect on the attorney's clients.

B) No, because he did not knowingly participate in decisions incompatible with his obligation to his clients or the agency's clients.

An attorney filed a motion for summary judgment on behalf of his client despite knowledge of directly adverse case law from the highest court in the state. Since the issuance of that decision, however, courts in other states had reached the opposite conclusion. In the motion, the attorney cited the decisions from other states but did not mention the decision from the state's highest court. The opposing attorney filed a brief in opposition to the motion for summary judgment that did not cite the decision from the state's highest court. The court did not hold oral argument but granted summary judgment based on the briefs. Were the attorney's actions in not disclosing the decision of the state's highest court proper? Answers: A) No, because the attorney was required to disclose the decision in his initial brief supporting the motion for summary judgment. B) No, because the attorney was required to disclose the decision after the opposing counsel failed to disclose it. C) Yes, because an attorney does not have a duty to disclose cases that are adverse to his client's position. D) Yes, because disclosure of the case would violate the attorney's duty to zealously advocate his client's position.

B) No, because the attorney was required to disclose the decision after the opposing counsel failed to disclose it.

An attorney and a prospective client met to discuss whether the attorney would represent the client in a contractual dispute. During the conversation, the potential plaintiff spoke to the attorney about her litigation objectives and how much she would be able to pay the attorney. As they were wrapping up the meeting, the client noticed a picture of the attorney's teenaged son on the wall. The client confided in the attorney that she had a son the same age, but she had given him up for adoption because she was an unwed teenager when he was born. She told the attorney that no one except her family knew about the adoption, and she asked the attorney to keep it confidential. Is the information about the client's pregnancy protected by the attorney-client privilege? Answers: A) No, because the woman had not retained the attorney when the conversation took place. B) No, because the communication was not relayed for legal advice. C) Yes, because the woman had a reasonable expectation that she had established an attorney-client relationship with the attorney. D) Yes, because the woman had a reasonable expectation that she had established an attorney-client relationship with the attorney, and she stated that the communication was confidential.

B) No, because the communication was not relayed for legal advice. Yes, because the woman had a reasonable expectation that she had established an attorney-client relationship with the attorney. Yes, because the woman had a reasonable expectation that she had established an attorney-client relationship with the attorney, and she stated that the communication was confidential.

A sole practitioner who specialized in family law shared office space with a sole practitioner who specialized in criminal law. Since they frequently referred matters to one another, they decided to formalize this arrangement by entering into a reciprocal referral agreement under which they each agreed to refer matters that fit within their respective specialties to each other. They agreed that the arrangement would remain in effect for one year, at which point they would review it. The agreement did not prohibit either attorney from referring cases to other attorneys, and neither hesitated to recommend a different attorney whom they believed would better handle a particular case. When making referrals to each other, neither attorney informed clients of their agreement. Were the attorneys' actions regarding the referral agreement proper? Answers: A) No, because reciprocal referral agreements are prohibited by the Model Rules of Professional Conduct. B) No, because they did not inform clients of the arrangement. C) Yes, because the arrangement was not exclusive. D) Yes, because the arrangement did not provide for either attorney to be paid for referring clients.

B) No, because they did not inform clients of the arrangement.

An attorney represented a plaintiff in litigation that was settled, with the plaintiff's approval, for $25,000. The attorney received a check in that amount from the defendant, payable to the attorney's order. The attorney endorsed and deposited the check in the attorney's Clients' Trust Account. The attorney promptly notified the plaintiff and billed him $5,000 for legal fees. The plaintiff disputed the amount of the fee and wrote the attorney, stating, "I will agree to pay $3,000 as a reasonable fee for the work you did, but I will not pay anything more than that." Based on the above facts, which of the following actions is proper for the attorney to take? Answers: A) Retain the entire $25,000 in the attorney's Clients' Trust Account until the fee dispute is settled. B) Send the plaintiff $20,000, transfer $3,000 to the attorney's office account, and retain $2,000 in the attorney's Clients' Trust Account until the dispute is settled. C) Send the plaintiff $20,000 and transfer $5,000 to the attorney's office account. D) None of the above is proper.

B) Send the plaintiff $20,000, transfer $3,000 to the attorney's office account, and retain $2,000 in the attorney's Clients' Trust Account until the dispute is settled.

A rising second-year law school student was employed as a summer intern at a law firm. The intern attended a deposition of a client who was represented by an associate attorney of the firm. The associate cautioned the intern not to discuss any aspect of the deposition with anyone. The intern discussed his own personal observations of the client's demeanor and his own conclusions about the client's truthfulness with his roommate, which did not result in any harm to the client. Of the following, which would likely provide the associate with the best defense to a disciplinary action based on the intern's actions? Answers: A) The intern only discussed his own personal observations and conclusions with his roommate. B) The associate cautioned the intern not to discuss any aspect of the deposition with anyone. C) The intern was not a licensed attorney. D) The client did not suffer harm as a consequence of the intern's conversation with his roommate.

B) The associate cautioned the intern not to discuss any aspect of the deposition with anyone.

An attorney is a senior partner at a law firm in which there are 50 lawyers. The firm pays each of its lawyers a fixed annual salary. In addition, at year's end, each lawyer receives a bonus from the profits of the firm in the proportion that the annual salary of each bears to the total of the fixed annual salaries of all lawyers. The attorney plans to introduce a new management plan under which the firm's non-lawyer office administrator would have general charge of all business matters but would not participate in any decisions involving legal judgment. The administrator would be paid a fixed annual salary and would be included as a participant in the firm's bonus plan on the same basis as the lawyers in the firm. This would usually yield a bonus of approximately one-fourth to one-third of the administrator's total annual compensation. The amount paid to the administrator will not exceed the compensation commonly paid to law office administrators within the local legal community. Is it proper for the attorney to institute such a plan? Answers: A) Yes, because the amount paid to the administrator does not exceed the compensation commonly paid to law office administrators within the local legal community. B) Yes, because an employee of the firm may be compensated based on the profits of the firm. C) No, because the administrator's bonus is computed on the same basis as those of the lawyers in the firm. D) No, because the administrator's compensation is derived from the legal fees of the firm's lawyers.

B) Yes, because an employee of the firm may be compensated based on the profits of the firm.

An attorney litigated a non-jury case before a judge. After losing the case, the attorney filed an appeal arguing that the judge misapplied the law. After also losing the appeal, the attorney, attending a continuing legal education class, stood up and made a statement to everyone present that the judge, identifying her by name, "is crazy. She has some sort of mental disorder. She is not fit to sit on the bench." Is the attorney subject to discipline for this statement? Answers: A) Yes, because it was a statement affecting an individual's professional reputation that reflected a reckless disregard for the truth. B) Yes, because it reflected a reckless disregard for the truth about the qualifications or integrity of a judge. C) No, because the attorney was among fellow attorneys rather than the general population or the media. D) No, because his statement was based on the judge's misapplication of the law.

B) Yes, because it reflected a reckless disregard for the truth about the qualifications or integrity of a judge.

An attorney represented ten plaintiffs in a case against a railroad in which the plaintiffs were injured when a train derailed. The railroad offered the attorney a $500,000 lump sum settlement for the ten plaintiffs. The attorney allocated the $500,000 among the ten plaintiffs with the amount paid each plaintiff dependent on the nature and extent of that plaintiff's injuries. The attorney reasonably believed the division was fair to each plaintiff. The railroad would not settle any of the claims unless all were settled. The attorney told each plaintiff the total amount the railroad was prepared to pay, the amount that the individual would receive, and the basis on which that amount was calculated. The attorney did not tell any plaintiff the amount to be received by any other plaintiff. The attorney believed that if she revealed to each plaintiff the amount of each individual settlement, it might jeopardize the settlement. Each of the plaintiffs agreed to his or her settlement amount and was satisfied with that amount. Is the attorney subject to discipline for entering into this settlement? Answers: A) Yes, because the attorney was aiding the lawyer for the railroad in making a lump sum settlement. B) Yes, because no individual plaintiff knew the amount to be received by any other plaintiff. C) No, because disclosing all settlements to each plaintiff might have jeopardized the entire settlement. D) You Selected: No, because the attorney reasonably believed that the division was fair and each plaintiff agreed to his or her settlement and was satisfied with the amount.

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

An attorney is widely regarded as an exceptionally competent practitioner in the field of criminal law. A client of the attorney became the subject of a grand jury investigation in a matter that could result in a felony indictment. The client lacked sufficient funds to pay for the attorney's services beyond the grand jury stage. He asked the attorney to provide limited representation for a flat fee. Under the arrangement he proposed, the attorney would advise the client concerning the grand jury investigation, but the representation would end when an indictment was returned or the grand jury decided not to indict. The attorney fully advised the client of the practical and legal aspects of the client's proposal. Is it proper for the attorney to accept this limited representation? Answers: A) Yes, because the client and not the attorney suggested this arrangement. B) Yes, because the attorney and the client may agree to limit the scope of the representation so long as the limitation is reasonable under the circumstances. C) No, because the attorney should not limit the scope of the representation based on the client's ability to pay. D) No, because the scope of the representation may not be limited in a criminal case.

B) Yes, because the attorney and the client may agree to limit the scope of the representation so long as the limitation is reasonable under the circumstances.

A client approached an attorney to represent her in a products liability case because the attorney claimed to be a specialist in products liability actions. He told the client that the National Council on Products Liability had certified him as a specialist in products liability resolution, even though he had lost half of the 100 products liability actions he had taken. The client consented to representation in writing after this discussion. The attorney lost the case on a technicality that would have been known to any specialist in products liability, though a general practice attorney would not have recognized the issue. The entire case was lost based on this error. After demonstrating that she suffered damages, would the client be likely to recover in a civil liability action against the attorney? Answers: A) Yes, because the attorney lost her case. B) Yes, because the attorney deviated from the applicable standard of care for products liability attorneys. C) No, because the attorney did not deviate from the applicable standard of care of a general attorney. D) No, because the client consented to the representation in writing after full disclosure.

B) Yes, because the attorney deviated from the applicable standard of care for products liability attorneys.

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

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

An attorney represented both the owner of an art gallery and a publisher. The gallery owner and the publisher each made a practice of paying the attorney's fees in cash. The attorney received separate cash payments from the gallery owner and the publisher on the same day. Each payment consisted of ten $100 bills, which the attorney immediately deposited in her bank account. One week later, the attorney was contacted by United States Treasury agents, who informed her that four of the bills had been identified as counterfeit. The agents did not accuse the attorney of knowingly passing the counterfeit money but asked her who had given her the bills. The attorney was subpoenaed to testify before a grand jury and was asked who could have given her the counterfeit money. Is it proper for the attorney to provide the grand jury with the names of the gallery owner and the publisher? Answers: A) Yes, because negotiation of a counterfeit bill is a criminal act. B) Yes, because under the circumstances neither client's identity is privileged. C) No, because counterfeiting is not a crime that involves an imminent threat of death or serious bodily harm. D) No, because the attorney has no way of knowing which of the two clients gave her the counterfeit bills.

B) Yes, because under the circumstances neither client's identity is privileged.

A judge has been assigned to try a criminal prosecution by a state against a defendant. Ten years previously, the judge, while serving as a deputy attorney general in the state, initiated an investigation of the defendant for suspected criminal conduct. The investigation did not establish any basis for prosecution. None of the matters previously investigated is involved in or affects the present prosecution. Is it proper for the judge to try the case? Answers: A) Yes, because none of the matters previously investigated is involved in or affects the present case. B) Yes, unless the judge might be prejudiced against the defendant because of the prior investigation. C) No, if the judge had substantial responsibility in initiating the previous investigation of the defendant. D) No, if the judge had substantial responsibility in determining that the previous investigation did not establish any basis for prosecution.

B) Yes, unless the judge might be prejudiced against the defendant because of the prior investigation.

A woman applied for a fellowship after completing her graduate degree. The woman asked a state trial court judge to provide a letter of recommendation for her application. In the judge's letter, which was written on his official judicial letterhead, the judge explained that he, as the woman's godfather, had known her for her entire life. He went on to describe her work ethic and explained that she had shown a strong commitment to the issues supported by the fellowship for years. Were the judge's actions in writing the letter of recommendation proper? Answers: A) No, because a judge may not provide a letter of recommendation on official letterhead. B) No, because a judge may serve as a reference only for former employees. C) Yes, because a judge may use official letterhead for a personal reference letter. D) Yes, because there are no restrictions on the use of official letterhead for reference letters.

C) Yes, because a judge may use official letterhead for a personal reference letter.

An attorney, who was recently admitted to the bar, has been appointed by the court as counsel for an indigent defendant charged with a felony. After consulting with the defendant and attempting for two days to prepare the case for trial, the attorney became convinced that he lacked the knowledge and experience to represent the defendant effectively. Which of the following would NOT be proper for the attorney? Answers: A) Request permission of the court to withdraw from representing the defendant because the attorney knows that he is not competent to handle the case. B) Request the court to appoint experienced co-counsel and grant a continuance to enable co-counsel to prepare the case. C) Explain the circumstances to the defendant and, if the defendant consents, proceed to represent him alone to the best of his ability. D) None of the above would be proper.

C) Explain the circumstances to the defendant and, if the defendant consents, proceed to represent him alone to the best of his ability.

A home builder employed an attorney to draft a contract of sale for a house the builder had constructed. The builder sold the house to a buyer who assumed a personally significant debt in order to purchase the house. After the sale, a friend of the builder's told the attorney that the builder, in violation of the law, had built the house on a landfill. The attorney contacted the builder and urged the builder to discuss the matter with the buyer. Although the builder admitted to the criminal act, the builder refused. The lawyer took no further action. Subsequently, although the landfill did not represent a health threat, the buyer had to sell the house for less than half of what he had paid for it. Is the attorney subject to discipline for failing to reveal the builder's criminal action to the buyer? Answers: A) Yes, because the client had used the attorney's services in furtherance of a crime. B) Yes, because the crime resulted in substantial injury to the financial interests of the buyer. C) No, because of the duty of confidentiality. D) No, because, at the time that the attorney learned of the crime, it had already occurred.

C) No, because of the duty of confidentiality.

A company's president telephoned his city's best-known employment attorney and asked her to represent the company in a dispute that had just arisen with the company's chief financial officer. The attorney, who had never previously represented the company, agreed. At the president's insistence, she immediately commenced the representation. A few days later, during a meeting with the president, the attorney first revealed the amount of her customary hourly fee and then explained that the company would also be responsible for reimbursing her expenses. The president responded that her fee was higher than he had expected but that he would be happy for the company to pay it, given her excellent work to date. Although the attorney intended to follow up with a confirming letter, she never did so. For several more months, she assisted the company in resolving its employment dispute. Afterward, she sent the company a bill accurately reflecting her hourly fee and expenses, which were reasonable. Is the attorney subject to discipline? Answers: A) Yes, because she did not disclose the basis of her fee before commencing the representation. B) Yes, because she did not confirm her fee agreement in writing. C) No, because she disclosed the basis of her fee within a reasonable time after commencing the representation. D) No, because she was not required to advise the client of her customary hourly fee, unless requested to do so.

C) No, because she disclosed the basis of her fee within a reasonable time after commencing the representation.

An attorney who is a sole practitioner limits his practice to personal injury cases. He regularly places advertisements in local newspapers, stating that his practice is limited to personal injury cases, including medical malpractice. After seeing one of the attorney's ads, a man approached the attorney for representation in a medical malpractice case. After a 30-minute interview, the attorney told the man that he was too busy to take his case because it appeared quite complicated. He further offered to refer the man to another lawyer who regularly practiced in the field. He reminded the man that he should see another lawyer promptly before the statute of limitations expired and he lost his right to sue. Although the attorney did not charge the man for the interview, the man was upset at wasting 30 minutes of his time. The man did not contact another lawyer until eight months later, when he learned that the statute of limitations on his claim had expired six months after his interview with the attorney. In fact, the man had a meritorious medical malpractice claim. Is the attorney subject to civil liability? Answers: A) Yes, because the attorney falsely advertised his availability for medical malpractice cases. B) Yes, because the attorney did not advise the man as to the date the statute of limitations would expire. C) No, because the attorney did not violate any duty owed to the man. D) No, because the attorney offered to refer the man to another medical malpractice lawyer.

C) No, because the attorney did not violate any duty owed to the man.

An attorney was at a party talking with his friend when the friend confessed that while serving as trustee of a now defunct charitable trust, she had embezzled funds from the trust. The attorney urged the friend, who was also a lawyer, to set matters straight, but otherwise took no action. The friend did not take any remedial action. Was the attorney's conduct proper? Answers: A) Yes, because the friend was serving as a trustee rather than an attorney at the time that the friend embezzled the funds, so the friend's conduct did not constitute a violation of the Model Rules of Professional Conduct. B) Yes, because the attorney did not learn of his friend's misconduct as a legal representative. C) No, because the attorney failed to inform the appropriate authority that another lawyer had embezzled trust funds. D) No, because the friend failed to take remedial action.

C) No, because the attorney failed to inform the appropriate authority that another lawyer had embezzled trust funds.

An attorney agreed to represent a client in a lawsuit. The attorney and the client executed the attorney's preprinted retainer form that provides, in part: "The client agrees to pay promptly the attorney's fee for services. In addition, the client and the attorney agree to release each other from any and all liability arising from the representation. The client agrees that the attorney need not return the client's file prior to receiving the client's executed release. Upon full payment, the attorney will return the file to the client." Although the attorney recommended that the client consult independent counsel before signing the retainer agreement, the client chose not to do so. The attorney reasonably believes that his fee is fair and that the quality of his work will be competent. Is the attorney's retainer agreement with the client proper? Answers: A) Yes, because the attorney furnished consideration by agreeing to return the client's file. B Yes, because the attorney reasonably believes that his fee is fair and that the quality of his work will be competent. C) No, because the attorney is attempting to limit his liability for malpractice. D) No, because the attorney uses a pre-printed form for all retainers.

C) No, because the attorney is attempting to limit his liability for malpractice.

An attorney represented a real estate developer who was trying to buy several properties. The attorney arranged a meeting with an owner of two large parcels of land, hoping to arrange a sale to the developer. When the attorney scheduled this meeting, he neither knew nor asked whether the owner was represented by counsel in the matter. Shortly after the meeting began, the owner disclosed that he had retained counsel to assist in the sale of the two parcels of land, but that his lawyer could not be present that day. He further stated that he would be meeting with his lawyer the next day. The attorney asked the owner if they could talk anyway, and stated that he wouldn't ask the owner to sign anything until his lawyer had a chance to look over anything they discussed. The owner, an experienced businessman and negotiator, agreed to continue as suggested, and a tentative agreement was soon worked out. Was the attorney's conduct proper? Answers: A) Yes, because the owner knowingly agreed to continue the discussions without his own lawyer being present. B) Yes, because the attorney did not present the owner with any documents to sign during the meeting. C) No, because the attorney negotiated with the owner after learning that the owner was represented by a lawyer in the matter. D) No, because the attorney failed to ascertain whether the owner was represented by a lawyer before beginning the negotiation session.

C) No, because the attorney negotiated with the owner after learning that the owner was represented by a lawyer in the matter.

An attorney is a candidate in a contested election for judicial office. Her opponent, a judge, is the incumbent and has occupied the bench for many years. The director of the state commission on judicial conduct, upon inquiry by the attorney, erroneously told the attorney that the judge had been reprimanded by the commission for misconduct in office. The attorney, who had confidence in the director, believed him. In fact, the judge had not been reprimanded by the commission; the commission had conducted hearings on the judge's alleged misconduct in office and, by a three-to-two vote, declined to reprimand the judge. Decisions of the commission, including reprimands, are not confidential. Is the attorney subject to discipline for publicly stating that the judge had been reprimanded for misconduct? Answers: A) Yes, because the official records of the commission would have disclosed the truth. B) Yes, because the judge had not been reprimanded. C) No, because the attorney reasonably relied on the director's information. D) No, because the judge was a candidate in a contested election.

C) No, because the attorney reasonably relied on the director's information.

An attorney who had represented a client for many years prepared the client's will and acted as one of the two subscribing witnesses to its execution. The will gave 10 percent of the client's estate to her housekeeper, 10 percent to her son and sole heir, and the residue to charity. Upon the client's death one year later, the executor named in the will asked the attorney to represent him in probating the will and administering the estate. At that time, the executor informed the attorney that the son had notified him that he would contest the probate of the will on the grounds that the client lacked the required mental capacity at the time the will was executed. The attorney believes that the client was fully competent at all times and will so testify, if called as a witness. The other subscribing witness to the client's will pre-deceased the client. Is it proper for the attorney to represent the executor in the probate of the will? Answers: A) Yes, because the attorney is the sole surviving witness to the execution of the will. B) Yes, because the attorney's testimony will support the validity of the will. C) No, because the attorney will be called to testify on a contested issue of fact. D) No, because the attorney will be representing an interest adverse to the client's heir at law.

C) No, because the attorney will be called to testify on a contested issue of fact.

An attorney and a client entered into a written retainer and hourly fee agreement that required the client to pay $5,000 in advance of any services rendered by the attorney and that required the attorney to return any portion of the $5,000 that was not earned. The agreement further provided that the attorney would render monthly statements and withdraw her fees as billed. The agreement was silent as to whether the $5,000 advance was to be deposited in the attorney's Clients' Trust Account or in a general account. The attorney deposited the entire fund in her Clients' Trust Account, which also contained the funds of other persons, which had been entrusted to the attorney. Thereafter, the attorney rendered monthly progress reports and statements for services to the client after services were rendered, showing the balance of the client's fee advance. However, the attorney did not withdraw any of the $5,000 advance until one year later, when the matter was concluded to the client's complete satisfaction. At that time, the attorney had billed the client reasonable legal fees of $4,500. The attorney wrote two checks on her Clients' Trust Account: one to herself for $4,500, which she deposited in her general office account, and one for $500 to the client. Was the attorney's conduct proper? Answers: A) Yes, because the attorney deposited the funds in her Clients' Trust Account. B) Yes, because the attorney rendered periodic and accurate billings. 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. D) No, because the attorney required an advanced payment against her fee.

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.

An attorney represents a client in commercial litigation that is scheduled to go to trial in two months. Over the past several weeks, the client has disagreed with almost every tactical decision that the attorney has made. Frustrated, the attorney finally said to the client that if she didn't like the way he was handling the lawsuit, perhaps she should get another lawyer. The client was upset at the suggestion and accused the attorney of trying to get out of the case. Reasonably believing that he could no longer work effectively with the client, the attorney sought the client's permission to withdraw from the representation, and the client reluctantly agreed. After giving the client sufficient notice to obtain replacement counsel, the attorney requested the court's permission to withdraw from the litigation, but the court denied the request. May the attorney withdraw from the representation? Answers: A) Yes, because the client agreed, and the attorney gave the client sufficient notice to obtain replacement counsel. B) Yes, because the client had made it unreasonably difficult for the attorney to carry out the representation effectively. C) No, because the court denied the attorney's request to withdraw. D) No, because the attorney's withdrawal would cause material prejudice to the client, and the client's agreement was not voluntary.

C) No, because the court denied the attorney's request to withdraw.

A judge has recently resigned from the state trial court bench. When she was a judge, she supervised activity in cases pending before another judge while he was on vacation. In one pending case, she entered an administrative order changing the courtroom in which a particular case was to be tried. After trial and appeal, the case was remanded for a new trial. The plaintiff in that case decided to change lawyers and has asked the recently resigned judge to try the case. Will the judge be subject to discipline if she tries this case on behalf of the plaintiff? Answers: A) Yes, because the judge acted officially as a judge with respect to an aspect of the case. B) Yes, because the judge would try the case before a judge of the court on which she previously sat. C) No, because the judge did not act as a judge with respect to a substantial matter in or the merits of the case. D) No, because any information that the judge learned about the case while acting as a judge was a matter of public record.

C) No, because the judge did not act as a judge with respect to a substantial matter in or the merits of the case.

A manufacturer sued a company for its breach of warranty regarding machine components it furnished. A judge, who presided at the nonjury trial, sent her law clerk to the manufacturer's plant to observe the machine that was malfunctioning due to the allegedly defective parts. The clerk returned and told the judge that the machine was indeed malfunctioning and that the engineer, an employee of the manufacturer, had explained to the clerk how the parts delivered by the company caused the malfunction. There was testimony at the trial that supported what the clerk learned on his visit. The judge rendered a judgment for the manufacturer. Was the judge's conduct proper? Answers: A) Yes, because the judge's judgment was supported by evidence at the trial. B) Yes, because the judge has the right to gather facts concerning the trial. C) No, because the judge has engaged in ex parte contacts that might influence the outcome of litigation. D) No, unless the engineer was a witness at the trial and subject to cross-examination by the company.

C) No, because the judge has engaged in ex parte contacts that might influence the outcome of litigation.

Under a state law, the court's appointment of lawyers as special masters in certain proceedings is discretionary with the court. A judge decided to appoint special masters in all such proceedings, regardless of their nature and complexity, and decided that compensation for such appointees would be at a reasonable hourly rate. The judge believed that this practice would ensure competent and impartial handling of every proceeding. The judge further decided to use published law directories to compile a list of qualified prospective appointees. Is the judge's proposed practice proper? Answers: A) Yes, because it results in competent and impartial handling of the proceedings. B) Yes, because the appointees will be compensated at a reasonable hourly rate. C) No, because the practice may result in unnecessary appointments. D) No, because the judge cannot use law directories to compile a list of qualified prospective appointees.

C) No, because the practice may result in unnecessary appointments.

Attorney Alpha represents a wife in a marriage dissolution proceeding that involves bitterly contested issues of property division and child custody. The husband is represented by Attorney Beta. After one day of trial, the husband, through Beta, made a settlement offer. Because of the husband's intense dislike for Alpha, the proposed settlement requires that Alpha agree not to represent the wife in any subsequent proceeding, brought by either party, to modify or enforce the provisions of the decree. The wife wants to accept the offer, and Alpha believes that the settlement offer made by the husband is better than any award the wife would get if the case went to judgment. Is it proper for Alpha to agree that Alpha will not represent the wife in any subsequent proceeding? Answers: A) Yes, because the restriction on Alpha is limited to subsequent proceedings in the same matter. B) Yes, if Alpha believes that it is in the wife's best interests to accept the proposed settlement. C) No, because the proposed settlement would restrict Alpha's right to represent the wife in the future. D) No, unless Alpha believes that the wife's interests can be adequately protected by another lawyer in the future.

C) No, because the proposed settlement would restrict Alpha's right to represent the wife in the future.

While presiding over the trial of a highly publicized antitrust case, a judge received in the mail a lengthy letter from a local attorney. The letter discussed the law applicable to the case. The judge knew that the attorney did not represent either party. The judge read the letter and, without mentioning its receipt to the lawyers in the pending case, filed the letter in his general file on antitrust litigation. Later, after reading the trial briefs, the judge concluded that the attorney's letter better explained the law applicable to the case pending before him than either of the trial briefs. The judge followed the attorney's reasoning in formulating his decision. Was it proper for the judge to consider the attorney's letter? Answers: A) Yes, because the judge did not initiate the communication with the attorney. B) Yes, if the attorney did not represent any client whose interests could be affected by the outcome. C) No, unless the judge, prior to rendering his decision, communicated its contents to all counsel and gave them an opportunity to respond. D) No, because the attorney is not of record as counsel in the case.

C) No, unless the judge, prior to rendering his decision, communicated its contents to all counsel and gave them an opportunity to respond.

A defendant, who has been indicted for auto theft, is represented by an attorney. The prosecutor reasonably believes that the defendant committed the offense, but, because of the defendant's youth, it is in the interest of justice to permit the defendant to plead guilty to the lesser offense of "joy-riding" in return for an agreement by the prosecutor to recommend probation. The prosecutor has so advised the attorney, but the attorney told the prosecutor she would not plea bargain and would insist on a jury trial. The attorney informed the defendant of the prosecutor's offer and advised the defendant not to accept it. The defendant followed the attorney's advice. The attorney is a candidate for public office, and the prosecutor suspects that the attorney is insisting on a trial of the case to secure publicity for herself. Assume for the purposes of this question that the defendant was tried, convicted, and sentenced to prison for two years. Must the prosecutor report to the disciplinary authority his suspicions about the attorney's conduct in the case? Answers: A) Yes, because the defendant suffered a detriment from the attorney's refusal to plea bargain. B) Yes, if the attorney in fact received widespread publicity as a result of the trial. C) No, unless the prosecutor has knowledge that the attorney's refusal to plea bargain was due to personal motives. D) No, if the attorney zealously and competently represented the defendant at the trial.

C) No, unless the prosecutor has knowledge that the attorney's refusal to plea bargain was due to personal motives.

An attorney has a highly efficient staff of paraprofessional legal assistants, all of whom are graduates of recognized legal assistant educational programs. Recently, the statute of limitations ran against a claim of a client of the attorney's when a legal assistant negligently misplaced the client's file and suit was not filed within the time permitted by law. Which of the following correctly states the attorney's professional responsibility? Answers: A) The attorney is subject to civil liability and is also subject to discipline on the theory of respondeat superior. B) The attorney is subject to civil liability or is subject to discipline at the client's election. C) The attorney is subject to civil liability but is NOT subject to discipline unless the attorney failed to supervise the legal assistant adequately. D) The attorney is NOT subject to civil liability and is NOT subject to discipline if the attorney personally was not negligent.

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

An attorney admitted to the bar never practiced law, but instead took a job as a financial planner. After several years as a successful financial planner, one of the attorney's clients accused him of lying to her about the entities in which her funds had been invested. The attorney admitted that he had lied to the client but argued he had been acting in her best interest because she was overly risk averse. The attorney pointed out that the client had actually made more money for her than she would have made otherwise. The client filed a negligence action against the attorney and reported him to the local disciplinary commission. Would the attorney's actions as a financial planner subject him to discipline? Answers: A) No, because he was not engaged in the practice of law. B) No, because the client did not suffer any harm. C) Yes, because he engaged in conduct involving dishonesty. D) Yes, because the client filed a negligence action against the attorney.

C) Yes, because he engaged in conduct involving dishonesty.

An attorney represented a criminal defendant in a murder case. The attorney's client told the attorney that he wanted to testify in his own defense. The attorney tried to dissuade his client from testifying, in part because although he had no evidence to support it, he suspected that the client's version of the events was fabricated. The attorney also believed that the jury would not believe his client. The client insisted, however, that he testify. The attorney told his client that he would call the client to the stand but reminded him that he was under oath and that it was imperative that he answer all questions truthfully. At trial, the client testified in his own defense, and the prosecution subsequently impeached the defendant's testimony. Was the attorney's action in allowing his client to testify proper? Answers: A) No, because the attorney reasonably believed that his client's testimony would be false. B) No, because the attorney was required to take remedial measures. C) Yes, because the attorney did not know that the client's testimony would be false. D) Yes, because an attorney is required to respect a criminal defendant's decision to testify.

C) Yes, because the attorney did not know that the client's testimony would be false.

An author engaged an attorney to represent him in a copyright infringement action. The representation agreement contained a provision that required the parties to submit all disputes, including malpractice disputes, to arbitration. The attorney did not discuss this provision with the author, nor did he advise him to seek independent counsel with regard to it. The infringement action was successful, and no dispute arose between the author and the attorney. Consequently, the provision was not enforced. The applicable jurisdiction recognizes the validity of arbitration in this context. Is the attorney subject to discipline? Answers: A) No, because the validity of arbitration is recognized by the applicable jurisdiction. B) No, because the provision was not enforced. C) Yes, because the attorney failed to inform the author as to the scope and effect of the arbitration section of the representation agreement. D) Yes, because the attorney failed to advise to the author to seek independent counsel with regard to the arbitration section of the representation agreement.

C) Yes, because the attorney failed to inform the author as to the scope and effect of the arbitration section of the representation agreement.

An elderly client hired an attorney to amend his will to provide the client's nephew with a specific tract of heavily wooded property that he knew the nephew loved to use for hunting. The wooded property was one of many tracts of land on a vast stretch of property owned by the client. After the client died, the nephew discovered that the tract of land actually left to him was a patch of rocky shore abutting a large lake two plots down from the wooded property. The error occurred because the attorney had mistakenly listed the incorrect address for the property that the client sought to transfer to his nephew. The nephew, having been told by his grandfather that he would receive the wooded property, filed an action to have the wooded property transferred to him. During the estate proceedings, the court held that there was insufficient evidence to establish that the client intended to transfer the wooded property to the nephew. They instead awarded him the rocky land abutting the lake. The nephew filed a negligence action against the attorney. The attorney moved to dismiss the nephew's claim and argued that he owed no duty to the nephew. Would the nephew be entitled to file such a claim under a negligence theory? Answers: A) No, because the attorney did not owe a duty to the nephew. B) No, because the attorney did not represent the nephew. C) Yes, because the attorney knew that his client wanted the will to provide the nephew with the wooded property. D) Yes, because the attorney breached a duty to his client.

C) Yes, because the attorney knew that his client wanted the will to provide the nephew with the wooded property.

An attorney represented the defendant in an aggravated assault action. While the client was in jail, he was attacked by another inmate and received a concussion. The attorney had his client immediately evaluated by a physician to ensure that the concussion did not impact the defendant's ability to recount the events of the assault. Hours before the client was to testify, the physician called the attorney to tell him that the concussion did not cause any memory problems but that a secondary psychiatric opinion noted that the defendant did have a personality disorder. The psychiatrist noted that the disorder would not affect the client's decision-making process or ability to recount events, but it should be treated with intensive, in-patient therapy as soon as possible to improve quality of life. The attorney believed that the trial would end in the next day or two if they proceeded, and because he had a trial-heavy few months after the trial in question, he did not want to delay the trial further by immediately sending his client for treatment. He was confident that delaying treatment for a few days would not harm his client and that the client was competent to testify, as the trial was nearly over. The attorney therefore waited to tell his client about the diagnosis until after the trial was complete. Is the attorney subject to discipline for withholding this information from the client? Answers: A) No, because the attorney did not believe that the delay would harm the client. B) No, because the attorney followed the correct process for evaluating a client's mental status. C) Yes, because the attorney withheld the information to serve his own interests. D) Yes, because the attorney withheld information relating to a psychiatric diagnosis.

C) Yes, because the attorney withheld the information to serve his own interests.

During a conversation among friends in his home, an attorney called into question whether a candidate for the office of attorney general met the statutory requirements. Specifically, the attorney stated that he had heard a rumor that the candidate had not been licensed to practice law in the state for the requisite number of years mandated by statute. When asked whether he had investigated this matter, the attorney replied that he didn't need to check the facts, it had to be true. The candidate had, in fact, been licensed to practice law for the statutorily required time period. Is the attorney subject to discipline? Answers: A) No, because the statement did not concern a current member of the judiciary or a candidate for judicial office. B) No, because the statement was not made in a public forum. C) Yes, because the false statement was made with a reckless disregard for its truth or falsity. D) Yes, because the statement concerned a candidate for public office.

C) Yes, because the false statement was made with a reckless disregard for its truth or falsity.

The chair of one of a state's political parties approached a law firm's senior partner, who was very active within that party, about representing the political party in litigation opposing a ballot measure backed by the state's opposing party. A junior partner at the firm was an active member of the opposing party and had contributed substantial time and money toward getting the measure on the ballot. The firm had never previously represented any political party or organization. After discussing the matter with the firm's management, who were all aware of the junior partner's involvement with getting the measure on the ballot, the senior partner decided to represent the political party. Is the senior partner's representation of the state's political party proper? Answers: A) No, because one of the firm's partners has a conflict of interest. B) No, because the junior partner's conflict of interest would be imputed to the other partners. C) Yes, because the junior partner's conflict of interest would not be imputed to the other partners. D) Yes, because there is no conflict of interest.

C) Yes, because the junior partner's conflict of interest would not be imputed to the other partners.

An attorney who maintained a solo law practice entered into substantive discussions with a law firm about joining the firm. As part of these discussions, the attorney revealed the identities of her clients, their status as current or former clients, and the matters for which she represented them. The purpose of these revelations, which did not compromise the attorney-client privilege or otherwise prejudice the clients, was to detect conflicts of interest that would arise from the attorney joining the firm. The attorney did not seek the informed consent of her clients before making these revelations. Due to an inability to resolve a potential conflict of interest, the attorney did not join the law firm. Were the attorney's revelations proper? Answers: A) No, because the attorney did not seek the informed consent of her clients before making these revelations. B) No, because the attorney did not join the law firm. C) Yes, because the purpose of the revelations was to detect conflicts of interest that would arise from the attorney joining the law firm. D) Yes, because the duty of confidentiality does not apply to disclosures to another attorney of information relating to the representation of a client.

C) Yes, because the purpose of the revelations was to detect conflicts of interest that would arise from the attorney joining the law firm.

An attorney represented a police officer in an action brought against the officer for violation of the plaintiff's constitutional rights at the time of the plaintiff's arrest. In the attorney's closing arguments, the attorney honestly stated, "As you, members of the jury, do, I believe in the Constitution of the United States. I also believe that my client did not violate any of the plaintiff's rights arising from that Constitution. I know my client personally, and I believe that he is a good police officer who would never violate a person's constitutional rights." Is the attorney subject to discipline for this statement? Answers: A) No, because the attorney honestly stated his beliefs. B) No, because the statements were made in the attorney's closing arguments. C) Yes, because the statements were based on the attorney's personal beliefs. D) Yes, because an attorney may not comment on the culpability of a civil litigant.

C) Yes, because the statements were based on the attorney's personal beliefs.

A judge needed to obtain a loan to be secured by a second mortgage on his house. A bank offered him a loan at a very favorable interest rate. The vice president at the bank told the judge: "Frankly, we normally don't give such a large loan when the security is a second mortgage, and your interest rate will be 2% less than we charge our other customers. But we know that your salary is inadequate, and we are giving you special consideration." Is it proper for the judge to accept the loan? Answers: A) Yes, if the judge does not act in any case involving the bank. B) Yes, if the bank is not likely to be involved in litigation in the court on which the judge sits. C) No, unless the same terms are available to all judges in the state. D) No, because the amount of the loan and the interest rate were not available to persons who were not judges.

D) No, because the amount of the loan and the interest rate were not available to persons who were not judges.

Alpha and Beta are members of the bar in the same community but have never practiced together. Beta is a candidate in a contested election for judicial office. Beta is opposed by Delta, another lawyer in the community. Alpha believes Beta is better qualified than Delta for the judiciary and is supporting Beta's candidacy. Which of the following would be proper for Alpha to do? Answers: A) Solicit public endorsements for Beta's candidacy by other attorneys in the community who know Beta, including those who are likely to appear before Beta if Beta becomes a judge. B) Solicit contributions to Beta's campaign committee from other attorneys in the community, including those who are likely to appear before Beta if Beta becomes a judge. C) Publicly oppose the candidacy of Delta. D) All of the above would be proper.

D) All of the above would be proper.q

An attorney represents a well-known contractor before a state administrative agency. The agency has ordered the client to show cause why the client's license as a contractor should not be revoked for violation of agency regulations. In a newspaper interview prior to the administrative hearing, the attorney made a variety of statements. Which of these statements, if any, would be improper? Answers: A) "My client denies the charge made by the agency that she engaged in conduct constituting grounds for revocation of her license as a contractor." B) "The next step in the administrative process is the administrative hearing; if the agency is successful, we will appeal, and the agency still cannot revoke my client's license until a court affirms the finding for the agency." C) "My client needs witnesses who are aware of the incidents that are the subject of the hearing." D) All of these statements are proper

D) All of these statements are proper

Attorney Alpha, a member of the bar, placed a printed flyer in the booth of each artist exhibiting works at a county fair. The face of the flyer contained the following information: "I, Alpha, am an attorney, with offices in 800 Bank Building, telephone (555) 555-5555. I have a J.D. degree from State Law School and an M.A. degree in fine arts from State University. My practice includes representing artists in negotiating contracts between artists and dealers and protecting artists' interests. You can find me in the van parked at the fair entrance." All factual information on the face of the flyer was correct. There was a retainer agreement on the back of the flyer. At the entrance to the fair, Alpha parked a van with a sign that read "Alpha - Attorney at Law - 800 Bank Building." For which, if any, of the following is Alpha subject to discipline? Answers: A) Placing copies of the flyer in the booth of each artist. B) Including a retainer agreement on the back of the flyer. C) Parking the van with the sign on it at the fair entrance. D) Alpha is not subject to discipline for any of the above.

D) Alpha is not subject to discipline for any of the above.

Attorney represented Client in a personal injury action against the driver of the car in which Client was injured while a passenger. The personal injury action was settled, and Attorney received a check in the amount of $10,000 payable to Attorney. Attorney deposited the check in her Clients' Trust Account. One day later, Attorney received a letter from Bank, which had heard of the settlement of the personal injury lawsuit. Bank informed Attorney that Client had failed to make his monthly mortgage payments for the last three months and demanded that Attorney immediately release $900 of the proceeds of the settlement to Bank or Bank would institute mortgage foreclosure proceedings against Client. Attorney informed Client of Bank's letter. Client responded: "I don't care what Bank does. The property is essentially worthless, so let Bank foreclose. If Bank wants to sue me, I'll be easy enough to find. I don't think they'll even bother. You just take your legal fees and turn the rest of the proceeds over to me." Is Attorney subject to discipline if she follows Client's instructions? Answers: A) Yes, if Client does not dispute the $900 debt to Bank. B) Yes, because Attorney knew that client was planning to force Bank to sue him. C) No, unless Attorney had reason to believe that Client would not have sufficient funds to pay any subsequent judgment obtained by Bank. D) No, because Bank has no established right to the specific proceeds of Client's personal injury judgment.

D) No, because Bank has no established right to the specific proceeds of Client's personal injury judgment.

An attorney decided to obtain a master's degree in taxation, but lacked the funds required for tuition and expenses. The attorney consulted one of his clients, a wealthy banker, for advice about obtaining a loan. To the attorney's surprise, the client offered the attorney a personal loan of $10,000. The attorney told the client that he would prepare the required note without charge. Without further consultation with the client, the attorney prepared and signed a promissory note bearing interest at the current bank rate. The note provided for repayment in the form of legal services to be rendered by the attorney to the client without charge until the value of the attorney's services equaled the principal and interest due. The note further provided that if the client died before the note was fully repaid, any remaining principal and interest would be forgiven as a gift. The attorney mailed the executed note to the client with a transmittal letter encouraging the client to look it over and call with any questions. The client accepted the note and sent the attorney a personal check for $10,000, which the attorney used to obtain his master's degree. A month after the degree was awarded, the client was killed in a car accident. The attorney had not rendered any legal services to the client from the date of the note's execution to the date of the client's death. Thereafter, in an action brought by the client's estate to recover on the note, the court ruled that the note was discharged as a gift. Was the attorney's conduct proper? Answers: A) Yes, because the client, without having been requested by the attorney to do so, voluntarily made the loan. B) Yes, because the court ruled that the note had been discharged as a gift. C) No, because a lawyer may never accept a loan from a client. D) No, because the attorney did not comply with the requirements for entering into a business transaction with a client.

D) No, because the attorney did not comply with the requirements for entering into a business transaction with a client.

An attorney met with a client on a Monday morning about the client's pending divorce. The client told the attorney that if his wife did not agree to a property settlement by the end of the week, he "was going to kill [her]." The attorney thought his client was simply being dramatic but was concerned because he knew that his client already owned a gun and had made similar statements before. The attorney worried that the client might be serious about the threat and decided that, if the case had not settled by Friday, he would call the client's wife and warn her. The client shot his wife on Thursday. Is the attorney subject to discipline for not disclosing the client's threat to kill his wife? Answers: A) Yes, because the attorney reasonably believed that the client was going to harm his wife if the case did not settle. B) Yes, because the attorney owed a duty of fairness to the wife as the other party in the civil action. C) No, because the threat was not imminent since the client claimed he would kill his wife at the end of the week if a settlement was not reached. D) No, because the attorney had no obligation to disclose information he thought was necessary to prevent future bodily harm.

D) No, because the attorney had no obligation to disclose information he thought was necessary to prevent future bodily harm.

A client was an experienced oil and gas developer. The client asked an attorney for representation in a suit to establish the client's ownership of certain oil and gas royalties. The client did not have available the necessary funds to pay the attorney's reasonable hourly rate for undertaking the case. The client proposed instead to pay the attorney an amount in cash equal to 20% of the value of the proceeds received from the first-year royalties the client might recover as a result of the suit. The attorney accepted the proposal and took the case. Is the attorney subject to discipline? Answers: A) Yes, because the agreement gave the attorney a proprietary interest in the client's cause of action. B) Yes, unless the fee the attorney receives does not exceed that which the attorney would have received by charging a reasonable hourly rate. C) No, because the client rather than the attorney proposed the fee arrangement. D) No, because the attorney may contract with the client for a reasonable contingent fee.

D) No, because the attorney may contract with the client for a reasonable contingent fee.

An attorney had been employed as an assistant prosecutor in the district attorney's office during the time that an investigation of a defendant was being conducted by that office. The attorney took no part in the investigation and had no knowledge of the facts other than those disclosed in the press. Two months ago, the attorney left the district attorney's office and formed a partnership with a second attorney. Last week, the defendant was indicted for offenses allegedly disclosed by the prior investigation. The defendant asked the first attorney to represent him. The first attorney declined to do so, but suggested the second attorney. Is the second attorney subject to discipline if she represents the defendant? Answers: A) Yes, because the first attorney was employed in the district attorney's office while the investigation of the defendant was being conducted. B) Yes, unless the district attorney's office is promptly notified and consents to the representation. C) No, unless the first attorney participates in the representation or shares in the fee. D) No, because the first attorney had no responsibility for or knowledge of the facts of the investigation of the defendant.

D) No, because the first attorney had no responsibility for or knowledge of the facts of the investigation of the defendant.

An attorney represents a client who is under indictment for homicide. In the course of the representation, the client told the attorney that she had previously killed two other people. These murders are completely unrelated to the murder indictment for which the attorney is providing representation. With the client's consent, the attorney made a tape recording of the client's confession regarding the unrelated homicides. At the attorney's request, the client also drew a map of the remote locations of the victims' graves from the unrelated killings. Those bodies have not been found by the police, and the client is not a suspect in either crime, both of which remain unsolved. Is the attorney subject to discipline if he fails to voluntarily disclose to the authorities his knowledge of the two prior murders and the locations of the victims' bodies? Answers: A) Yes, because as an officer of the court, the attorney must disclose any knowledge that he has, whether privileged or not, concerning the commission of the prior crimes by his client. B) Yes, because the attorney is impeding the state's access to significant evidence. C) No, because the attorney did not represent or advise his client with respect to the prior crimes. D) No, because the information was obtained by the attorney in the course of the representation.

D) No, because the information was obtained by the attorney in the course of the representation.

An attorney successfully represented a woman charged with operating a house of prostitution. Subsequently, a famous politician who was charged with soliciting a prostitute within the alleged brothel sought to hire the attorney to represent him. The woman told the attorney that she did not object to his representation of any of the men charged with solicitation, but she refused to sign a written statement to that effect because she no longer wanted to be linked to the charges in any written document. Would it be proper for the attorney to accept the politician as a client? Answers: A) No, because the attorney represented the woman previously. B) No, because the politician's claim is substantially related to the matter in which the attorney represented the woman. C) Yes, because the attorney received the woman's informed oral consent. D) Yes, although the attorney did not receive the woman's informed consent in writing.

D) Yes, although the attorney did not receive the woman's informed consent in writing.

A judge has served on a trial court of general jurisdiction for almost three years. During that time, he was assigned criminal cases almost exclusively. Several months ago, however, the judge was assigned an interesting case involving a constitutional challenge to a statute recently passed by the state legislature. The statute permitted any local public school district with an overcrowding problem to purchase educational services for its students in any other public or private school within fifteen miles. Although the briefs submitted by the parties were excellent, the judge was not confident that he had a good grasp of the issues in the case. Accordingly, he took one of his more experienced colleagues on the trial court out to lunch and discussed the case with her in great detail. The colleague was far more conservative than the judge, but he agreed with her and eventually ruled in accord with her views. The case is now on appeal. Is the judge subject to discipline? Answers: A) Yes, because the judge sought an ex parte communication on the merits of a case pending before him. B) Yes, because the judge initiated a discussion with a colleague that may have influenced his judgment in the case. C) No, because the judge is permitted to obtain the advice of a disinterested expert on the law. D) No, because the judge was permitted to consult about a pending case with another judge.

D) No, because the judge was permitted to consult about a pending case with another judge.

A defendant was on trial for the murder of a victim killed during a barroom brawl. In the course of closing arguments to the jury, the prosecutor said, "The defendant's whole defense is based on the testimony of a witness who said that the victim attacked the defendant with a knife before the defendant struck him. No other witness testified to such an attack by the victim. I don't believe the witness was telling the truth, and I don't think you believe him either." Was the prosecutor's statement proper? Answers: A) Yes, if the prosecutor accurately stated the testimony in the case. B) Yes, if the prosecutor, in fact, believed the witness was lying. C) No, because the prosecutor alluded to the beliefs of the jurors. D) No, because the prosecutor asserted his personal opinion about the witness's credibility.

D) No, because the prosecutor asserted his personal opinion about the witness's credibility.

A new attorney was retained by a client to incorporate the client's business, which previously had been operated as a sole proprietorship. The new attorney noticed in the client's file copies of some correspondence from the client to a previous attorney concerning the possibility of that previous attorney incorporating the client's business. The new attorney questioned the client to make certain that any attorney-client relationship between the previous attorney and the client had been terminated. The client told the new attorney, "It certainly has been terminated. When I discussed the matter with my previous attorney six months ago, he asked for a retainer of $1,000, which I paid him. He did absolutely nothing after he got the money, even though I called him weekly, and finally, last week when I again complained, he returned the retainer. But don't say anything about it because my previous attorney is an old friend of my family." Is the new attorney subject to discipline if she does not report her knowledge of the previous attorney's conduct to the appropriate authority? Answers: A) Yes, if the new attorney believes the previous attorney clearly was guilty of professional misconduct. B) Yes, unless the new attorney believes the previous attorney does not usually neglect matters entrusted to him. C) No, if the client was satisfied by the previous attorney's return of the retainer. D) No, unless the client agrees that the new attorney may report the information.

D) No, unless the client agrees that the new attorney may report the information.

A judge is presiding in a case that has, as its main issue, a complicated point of commercial law. The lawyers have not presented the case to the judge's satisfaction, and the judge believes she needs additional legal advice. The judge's former partner in her previous law practice is an expert in the field of law that is at issue. The former partner has no interest in the case. Is it proper for the judge to consult her former partner? Answers: A) Yes, because her former partner has no interest in the case. B) Yes, if the judge believes that her former partner's advice is needed to serve the interests of justice. C) No, unless all parties in the case first give their written consent to the judge's consultation with her former partner. D) No, unless the judge informs the parties of the former partner's identity and the substance of the former partner's advice, and asks for their responses.

D) No, unless the judge informs the parties of the former partner's identity and the substance of the former partner's advice, and asks for their responses.

A woman has asked an attorney to represent her in obtaining compensation for a tract of land that is being condemned by the state department of transportation to build a new highway. Two years ago, the attorney had been employed by the department and had been assigned to search title on several tracts of land, including the one owned by the woman. The attorney remembers a department engineer had drafted a confidential memorandum advising against running a new highway across the woman's land because of a potential adverse environmental impact. Because of this information, the attorney believes it is possible to prevent the condemnation of the woman's land or to increase the settlement amount. What is the proper action for the attorney to take? Answers: A) Represent the woman on the issue of damages only and not disclose the information that might prevent the condemnation. B) Represent the woman and attempt to prevent the condemnation by using the information about the adverse environmental impact. C) Refuse to represent the woman but disclose to her the information about the adverse environmental impact. D) Refuse to represent the woman and not disclose the information about the adverse environmental impact.

D) Refuse to represent the woman and not disclose the information about the adverse environmental impact.

An attorney places an advertisement in the local newspaper that includes only true information. For which, if any, of these statements is the attorney subject to discipline? Answers: A) My credentials are: B.A., magna cum laude, Eastern College; J.D., summa cum laude, State Law School; LL.M., Eastern Law School. B) My offices are open Monday through Friday from 9:00 a.m. to 5:00 p.m., but you may call my answering service twenty-four hours a day, seven days a week. C) I speak modern Greek fluently. D) The attorney is not subject to discipline for any of these statements.

D) The attorney is not subject to discipline for any of these statements.

An attorney represented a client in an action against the client's former partner to recover damages for breach of contract. During the representation, the client presented the attorney with incontrovertible proof that the former partner had committed perjury in a prior action which was resolved in the partner's favor. Neither the attorney nor the client was involved in any way in the prior action. The attorney believes that it would be detrimental to the client's best interests to reveal the perjury because of the implication that might be drawn from the former close personal and business relationship between the client and the former partner. Would it be proper for the attorney to fail to disclose the perjury to the tribunal? Answers: A) No, because the information is unprivileged. B) No, because the attorney has knowledge that the former partner perpetrated a fraud on the tribunal. C) Yes, because neither the client nor the attorney was involved in the prior action. D) Yes, because the attorney believes that the disclosure would be detrimental to the client's best interests.

D) Yes, because the attorney believes that the disclosure would be detrimental to the client's best interests.

Two friends were involved in a car accident and hired an attorney to represent them as co-parties in a claim for damages related to the accident. Each client provided the attorney with the minimum amount he would be willing to accept to settle the case. The clients suggested vastly different amounts. The attorney received a large settlement offer that met the individual requirements of each party, though each party would receive significantly different amounts in the settlement. He called both clients into his office separately to discuss settlement. Both clients immediately consented in writing to the agreement, though neither was aware of the amount received by the other. The attorney then accepted both of the offers on behalf of each of the clients. The clients met for dinner the following night to celebrate their win, and during dessert, one of the clients disclosed to the other the amount he had received in the settlement. The other client, who received a far smaller settlement, immediately called the attorney to express his dissatisfaction with the settlement. The attorney responded by saying that he accepted the amount his client had told him was acceptable. Would the attorney's actions regarding the settlement subject him to discipline? Answers: A) No, because he did not accept an amount below each client's specified amount. B) No, because both clients consented in writing to the settlement. C) Yes, because the parties received different amounts in the settlement. D) Yes, because the attorney did not disclose the extent of both settlement offers to both clients.

D) Yes, because the attorney did not disclose the extent of both settlement offers to both clients.

An attorney opened a trust account at a local bank into which she deposited a check from a client that constituted an advance payment for future services to be rendered by the attorney. Subsequently, the attorney received an engagement fee from another client, which the attorney also deposited into the account. The engagement fee represented payment to the attorney for accepting the case, being available to handle the case, and agreeing not to represent another party in the case. The fee did not require the attorney to perform specific legal services. The attorney maintained records related to all account transactions in accordance with the state rules of professional conduct, which were identical to the ABA Model Rules of Professional Conduct, but she did not pay bank service charges on the account from her own funds. Is the attorney subject to discipline with regard to her actions concerning the trust fund account? Answers: A) No, because the attorney properly maintained the records related to the account. B) No, because the attorney maintained a trust fund account to keep her property separate from her client's property. C) Yes, because the attorney failed to pay the bank service charges on the account from her own funds. D) Yes, because the attorney did not keep her client's property separate from her own property.

D) Yes, because the attorney did not keep her client's property separate from her own property.

After working for several years in the civil division of a state attorney general's office, an attorney left the attorney general's office and joined a private law firm. The law firm represented a defendant in the appeal of his criminal conviction, which had been obtained by the criminal division of the attorney general's office while the attorney was employed in the civil division. The attorney was assigned to the team representing the defendant. The attorney did not seek the consent of the attorney general's office to the attorney's participation in the firm's representation of the defendant. Is the attorney's participation in the firm's representation of the defendant in an appellate action proper? Answers: A) No, because the attorney did not obtain the attorney general's consent prior to his representation of the defendant. B) No, because the defendant's conviction was obtained by the attorney general's office while the attorney worked there. C) Yes, because the attorney did not acquire confidential government information about the client while working at the attorney general's office. D) Yes, because the attorney did not participate in the defendant's conviction while working at the attorney general's office.

D) Yes, because the attorney did not participate in the defendant's conviction while working at the attorney general's office.

An attorney participates in a prepaid legal services plan providing legal services to the plan's members. The attorney is not involved in the solicitation of persons to become members, but he does manage the plan for the plan's sponsor. In this role, the attorney acts to ensure that the plan sponsor adheres to the rules governing lawyer advertising and solicitation. Employees of the plan's sponsor, none of whom are attorneys, do solicit by phone individuals to become members of the plan, but they do not target persons who are known to need legal services in a particular matter. Is the attorney subject to discipline? Answers: A) No, because the attorney is not involved in the solicitation of persons to become members of the plan. B) No, because the attorney acts to ensure that the plan sponsor adheres to the rules on lawyer advertising and solicitation. C) Yes, because employees of the plan's sponsor engage in real-time solicitation. D) Yes, because the attorney manages the legal services plan.

D) Yes, because the attorney manages the legal services plan.