MPRE Practice Questions
An attorney represented a client in an action against the client's former business partner to recover damages for breach of contract. During the representation, the client presented the attorney with incontrovertible proof that the partner had committed perjury in a prior action that 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 implications might be drawn from the former close personal and business relationship between the client and the partner. Is it proper for the attorney to disclose the perjury to the tribunal? (A) No, because the attorney believes that the disclosure would be detrimental to the client's best interests. (B) No, because neither the client nor the attorney was involved in the prior action. (C) Yes, because the attorney has knowledge that the partner perpetrated a fraud on the tribunal. (D) Yes, because the information is unprivileged.
(A) No, because the attorney believes that the disclosure would be detrimental to the client's best interests.
Larry Lawyer is employed in the BigCo legal department. He is assigned to investigate an allegation received to the company's internal complaint hotline that an employee was being harassed. Larry conducts an investigation and concludes that the allegation is baseless. He drafts a memorandum to his supervising attorney reflecting his legal analysis and conclusions. Which of the following best describes Larry's memo? A Larry's memo is protected by the attorney-client privilege. B Larry's memo is protected by the attorney work product doctrine. C Larry's memo is protected by both the attorney-client privilege and the attorney work product doctrine. D Larry's memo is not protected.
A - Larry's memo is protected by the attorney-client privilege.
Edward Esquire has been involved in rendering written legal advice regarding a matter about which litigation ensued. Unbeknownst to anyone at his company, Edward's bar membership has lapsed, and he is not licensed in any jurisdiction. In the litigation, the opposing party seeks the production of his memorandum. Will the opposing party be allowed this discovery? A No because Edward's client reasonably believed Edward was a lawyer. B Yes because Edward was not a lawyer, so all his work is not privileged. C Yes because Edward's employer had an obligation to check its employees bar membership status. D No because Edward's memo is the property of the company.
A - No because Edward's client reasonably believed Edward was a lawyer.
An attorney was a member of the bar of State X and a licensed stockbroker in State Y. Depending on the markets and the time of year, the attorney split his time between the two professions. As a rule, the attorney never performed both legal and brokering services to the same clients. Last month, the attorney's stockbroker license came up for renewal. A line item on the renewal application asked whether the attorney earned income from another profession within or without State Y. Not wanting to "raise any flags" about his dedication to his brokerage clients, the attorney answered the line item "no." Is the attorney subject to discipline in State X? (A) Yes, because he lied on the application. (B) Yes, but only if he is first charged with and convicted of a criminal offense in State Y. (C) No, because he did not file the application in his capacity as an attorney. (D) No, because the application was not filed in State X.
(A) Yes, because he lied on the application. [Rule 8.4(c)]
An attorney represented a plaintiff in a civil suit against a defendant, who was also represented by a lawyer. In the course of developing the plaintiff's case, the attorney discovered evidence that she reasonably believed showed that the defendant had committed a crime. The attorney felt that the defendant's crime should be reported to local prosecutorial authorities. After full disclosure, the plaintiff consented to the attorney's doing so. Without advising the defendant's lawyer, the attorney informed the local prosecutor of her findings, but she sought no advantage in the civil suit from her actions. The defendant was subsequently indicted, tried, and acquitted of the offense. Was the attorney's disclosure to prosecutorial authorities proper? (A) Yes, because the attorney reasonably believed that the defendant had committed a crime. (B) Yes, because the attorney was required to report unprivileged knowledge of criminal conduct. (C) No, because the attorney did not know that the defendant had committed a crime. (D) No, because the plaintiff's civil suit against the defendant was still pending.
(A) Yes, because the attorney reasonably believed that the defendant had committed a crime.
Attorney Alpha, a sole practitioner, represented Plaintco in litigation against Defeo. Defeo was represented by Attorney Bravo, who worked in a law firm. During the course of the litigation, Alpha observed on several occasions that Bravo was drinking heavily. At court appearances, at depositions, and during settlement negotiations, Bravo was impaired by alcohol. Alpha knew that, due to Bravo's alcohol problems, Bravo had failed to comply with discovery requests, return telephone calls, and meet court deadlines. Alpha consulted with Plaintco, who agreed to permit Alpha to make any necessary disclosures to Bravo's law partners. Is Alpha subject to discipline for such disclosures? (A) Yes, unless he also reports Bravo's conduct to the proper disciplinary authority. (B) Yes, unless he also directs Bravo to an approved alcohol assistance program. (C) No, because Bravo's law partners ultimately are responsible and liable for Bravo's professional conduct. (D) No, because Alpha obtained Plaintco's consent.
(A) Yes, unless he also reports Bravo's conduct to the proper disciplinary authority.[Rule 8.3(a)]
An attorney worked in the legal department of a public utility company and represented that company in litigation. The company was sued by a consumer group which alleged that the company was guilty of various acts in violation of its charter. Through its general counsel, the company instructed the attorney not to negotiate a settlement but to go to trial under any circumstances since a precedent needed to be established. Although the company's defense could be supported by a good faith argument, the attorney believed that the case should be settled if possible. Must the attorney withdraw as counsel in this case? (A) No, because as an employee, the attorney is bound by the instructions of the general counsel. (B) No, because the company's defense can be supported by a good faith argument. (C) Yes, because a lawyer should endeavor to avoid litigation. (D) Yes, because the company is controlling the attorney's judgment in settling the case.
(B) No, because the company's defense can be supported by a good faith argument.
An attorney represented the wife in an acrimonious divorce proceeding involving issues of property division and child custody. After one day of trial, the husband, through his lawyer, made a settlement offer. The proposed settlement required that the wife's attorney 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 wanted to accept the offer, and her attorney reasonably believed that it was in the wife's best interest to do so because the settlement offer was better than any potential award to the wife resulting from the case going to judgment. Consequently, the attorney recommended to the wife that she accept the offer. Was it proper for the wife's attorney to recommend that the wife accept the settlement offer? (A) No, because the attorney did not obtain the wife's informed consent to the conflict of interest created by the proposed settlement. (B) No, because the proposed settlement restricted the attorney's right to represent the wife in the future. (C) Yes, because the restriction on the attorney was limited to subsequent proceedings in the same matter. (D) Yes, because the attorney reasonably believed that it was in the wife's best interest to accept the proposed settlement.
(B) No, because the proposed settlement restricted the attorney's right to represent the wife in the future.
A third-year law student worked as a clerk for an attorney. The clerk performed paralegal-type work and legal research for the attorney, but did not appear in court. The clerk informed the attorney that his friend had a legal problem, and that the clerk had been assisting him in the matter. The matter involved an existing order of protection issued to the friend's former fiance because of the friend's alleged domestic abuse. The clerk had provided his friend extensive legal advice on the matter and assisted him in preparing motion papers, but the matter had reached a stage in which the clerk needed the attorney's input. The attorney agreed to give the clerk some advice, but stated that the attorney did not have time to personally represent the friend. Accordingly, the attorney gave the clerk a sample brief and some legal forms. Ultimately, the clerk was successful in vacating the order against his friend. Is the attorney subject to discipline? (A) Yes, because the attorney neglected the friend's legal matter. (B) Yes, because the attorney assisted in the unauthorized practice of law. (C) No, because the attorney did not represent the friend. (D) No, if the clerk did not charge a fee for his legal assistance.
(B) Yes, because the attorney assisted in the unauthorized practice of law. [Rule 5.S(a)]
An attorney was the majority shareholder of an incorporated collection agency. The attorney authorized the agency's manager, who is not a member of the bar, to write collection letters to agency debtors on the attorney's law firm's letterhead, and to sign them in the attorney's name. These letters contain a statement that the matter has been referred to the attorney and that a lawsuit will be filed if payment is not received within thirty days. Per the attorney's instruction, the manager only sends out letters in circumstances where the manager in good faith believes a collection dispute exists. If any debtors call seeking legal advice, the manager passes along the calls to the attorney. Is the attorney subject to discipline? (A) Yes, because the letter uses the threat of litigation as a form of extortion. (B) Yes, because the attorney is assisting the agency in engaging in the unauthorized practice of law. (C) No, because the threat of a legitimate lawsuit is not improper. (D) No, because the manager is acting in good faith as the attorney's authorized agent.
(B) Yes, because the attorney is assisting the agency in engaging in the unauthorized practice of law. [Rule 8.4 (see Comment 1]
Attorney Alpha and Attorney Bravo were law school classmates, and both have been practicing law for the past seven years. While attending a bar association continuing legal education seminar, Alpha and Bravo renewed their old friendship. Over the ensuing several months, Alpha and Bravo initiated discussions regarding the formation of a partnership to practice law together. In drafting the partnership agreement, they agreed that: I. They would share equally in all fees earned regardless of who brought the matter into the firm and regardless of the amount of work either attorney performed on the matter. II. They would not represent the other's clients if the firm dissolved, and that each attorney would retain her own clients. III. If either partner retired and sought retirement benefit payments from the firm's retirement plan, those payments would cease if the retired partner started to again practice law. Which agreement would subject the attorneys to discipline? (A) II and III. (B) I and III. (C) II only. (D) I, II, and III.
(C) II only. [Rule 5.6(a)]
An attorney's best client requested that the attorney submit an affirmation recommending the client's son for admission to the bar. The attorney did not know the client's son, but has known the client for more than 20 years and has found her to be a trustworthy citizen and an exemplary parent. The attorney, a parent herself, agreed to attest to the client's son's character and submit the affidavit, but only after she had discussed the son with her client for about an hour. After those discussions, the attorney felt that she had learned enough about the son to truthfully vouch for his character. The attorney even invited the son to a party the following month to meet her daughter. The attorney then drafted, signed, and submitted the affirmation to the state bar character committee. Was the attorney's conduct proper? (A) Yes, if the affirmation did not contain any misstatements of fact. (B) Yes, if the attorney truly believed the facts to which she attested. (C) No, because the attorney did not have a valid basis for personally attesting to the son's character. (D) No, because the discussions with the client were not conducted under oath.
(C) No, because the attorney did not have a valid basis for personally attesting to the son's character. [Rule 8.1]
An attorney was engaged under a general retainer agreement to represent a corporation involved in the uranium industry. Under the agreement, the attorney handled all of the corporation's legal work, which typically involved regulatory issues and litigation. The corporation told the attorney that a congressional committee was holding hearings concerning the extent of regulation in the copper industry. Because the corporation was considering buying a copper mine during the next fiscal year, the corporation asked the attorney to appear and testify that the industry was overregulated. The attorney subsequently testified to that effect before the relevant congressional committee. The attorney registered his appearance under his own name and did not disclose that he was appearing on behalf of a client. Afterward, the attorney billed the corporation for fees and expenses related to his testimony. The attorney's testimony was truthful. Was the attorney's conduct proper? (A) Yes, because the duty of confidentiality prevented the attorney from disclosing the identity of his client. (B) Yes, because the attorney-client evidentiary privilege prevented disclosure of the identity of his client in this context. (C) No, because the attorney failed to disclose that he was appearing and testifying in a representative capacity. (D) No, because the attorney accepted compensation in return for his testimony.
(C) No, because the attorney failed to disclose that he was appearing and testifying in a representative capacity.
An experienced oil and gas developer asked an attorney to represent him in a suit to establish the developer's ownership of certain oil and gas royalties. The developer did not have available the necessary funds to pay the attorney's reasonable hourly rate for undertaking the case and proposed instead that, if he prevailed in the lawsuit, he would pay the attorney 20% of the first year's royalties recovered in the suit. Twenty percent of the first year's royalties would likely exceed the amount that the attorney would have received from charging his regular hourly rate. The attorney accepted the proposal. Is the attorney subject to discipline? (A) Yes, because the agreement gave the attorney a proprietary interest in the developer's cause of action. (B) Yes, because the fee was likely to exceed the amount that the attorney would have received from charging his regular hourly rate. (C) No, because the developer rather than the attorney proposed the fee arrangement. (D) No, because the attorney may contract with the developer for a reasonable contingent fee.
(D) No, because the attorney may contract with the developer for a reasonable contingent fee.
An attorney represents a company that produces chemical products. Some of the waste products of the company's manufacturing processes are highly toxic and are reasonably certain to cause substantial bodily harm if disposed of improperly. The president of the company recently informed the attorney that a new employee mistakenly disposed of the waste products in the ground behind the company plant, an area that is part of the source of the city's water supply. The attorney advised the president that, although the conduct was not criminal, the company could be civilly liable for negligence in lawsuits brought by any persons harmed by the waste products. The attorney advised the president to immediately report the problem to city authorities. Fearful of adverse publicity, the president declined to do so. The attorney further advised the president that she believed the president's decision was immoral. The president continued to decline to report the matter. The attorney then informed the president that she was withdrawing from the representation and would inform the authorities herself. Immediately after withdrawing, the attorney reported the company's conduct to the authorities. Is the attorney subject to discipline? (A) Yes, because the information was given to the attorney in confidence and may not be revealed without the client's consent. (B) Yes, because the company's conduct was not criminal. (C) No, because the attorney reasonably believed that the company's disposal of the waste products was reasonably certain to cause substantial bodily harm. (D) No, because the attorney reasonably believed that the president was pursuing an imprudent course of conduct.
(C) No, because the attorney reasonably believed that the company's disposal of the waste products was reasonably certain to cause substantial bodily harm.
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% of the client's estate to the client's housekeeper, 10% to the client's 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 predeceased the client. Is it proper for the attorney to represent the executor in the probate of the will? (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 interests of the client's heir.
(C) No, because the attorney will be called to testify on a contested issue of fact.
An attorney and her client entered into a written retainer and hourly fee agreement requiring the client to pay $5,000 in advance of any services rendered by the attorney and requiring the attorney to return any portion of the $5,000 that was not earned. 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 $5,000 in her clients' trust account, which also contained funds that had been entrusted to the attorney by other persons. Thereafter, the attorney sent the client periodic accu-rate billings, showing the services rendered and the balance of the client's fee advance. 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? (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 advance 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.
A woman visits an attorney whom she hires to bring a breach of contract action on her behalf. The client tells the attorney that she originally retained another lawyer about a year ago, but that as far as she knew he had not even filed the papers. According to the client, the other lawyer never returned her calls, and when she went to his office to find out the status of her case, he was drunk and verbally abusive. The client told her friends and family about the other lawyer's treatment of her, and when her brother fared no better in getting information from him, he suggested that she contact another attorney. The client advises the attorney that because the other lawyer did not return her calls, she had sent a certified letter to him notifying him that he was discharged. The attorney knew that there was only a one-year statute of limitations on this type of action, so she quickly checked the dates and discovered that she had only a few days to file the action. The attorney called the other lawyer to get the information from the client's file. The other lawyer did not recall the letter of discharge and was surprised to get the attorney's call. He was, however, very cooperative and agreed to send a messenger to the attorney's office with the client's file. The other lawyer tells the attorney that he feels terrible about the situation, that his wife has been seriously ill, and that as a result he has not been himself. He asks the attorney to apologize to the client on his behalf, but asks the attorney to please keep this conversation "between the two of us." He says that with his wife's illness, he cannot afford to lose any other clients. The attorney filed the papers in her client's suit on time, and did not report the other lawyer to the disciplinary authorities. Were the attorney's actions proper? (A) Yes, because she is an attorney, and the other lawyer asked her to keep the matter confidential. (B) Yes because it is the client's decision whether to report the other lawyer to the disciplinary authorities. (C) No, because the other lawyer's actions indicate that he is not currently fit to practice law. (D) No, because she did not urge her client to report the other lawyer to the appropriate authorities.
(C) No, because the other lawyer's actions indicate that he is not currently fit to practice law. [Rule 8.3{a)]
The State of North Aricota is suffering from a huge budgetary deficit. Part of the state's concern is that much of its skilled labor is commuting from outside the state, consequently earning money in the state but spending it outside. North Aricota's legislature believes that this pattern has caused a drain on the state's economy, particularly through the loss of sales tax revenue. One industry that has been specifically targeted by North Aricota is the legal field. The legislature is particularly concerned that so many nonresidents are applying to be admitted to the bar. To cut down on this pattern, North Aricota now requires bar applicants to not only pass the bar examination, but also to be North Aricota residents and maintain a law office within the state. Are these requirements proper? (A) Yes, state residency and law office maintenance are proper requirements for bar admission. (B) No, because the state cannot require the maintenance of an in-state law office. (C) No, because the state cannot require residency as a condition to bar admission. (D) No, because neither state residency nor law office maintenance is a proper requirement for bar admission.
(C) No, because the state cannot require residency as a condition to bar admission. [A state cannot require bar applicant to be a state resident. New Hampshire v. Piper (1985} 470 U.S. 274. Many states permissibly require a practicing lawyer to maintain a bona fide law office within the state. (See, e.g. Neal v. Energy Transportation Group (2002) 296 A.D.2d 339).]
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 client's claim 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? (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 adequately supervise the legal assistant. (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 adequately supervise the legal assistant.
An attorney has experienced several instances in which clients failed to pay their fees in a timely manner when it was too late in the representation to withdraw without prejudicing the clients. To avoid a recurrence of this situation, the attorney has drafted a stipulation of consent to withdraw if fees are not paid according to the fee agreement. She proposes to have all clients sign the stipulation at the outset of the representation. Clients will be provided an opportunity to seek independent legal advice before signing the stipulation. Is it proper for the attorney to use the stipulation to withdraw from representation whenever a client fails to pay fees? (A) Yes, because a lawyer may withdraw when the financial burden of continuing the representation would be substantially greater than the parties anticipated at the time of the fee agreement. (B) Yes, because the clients will have consented to the withdrawal in the stipulation. (C) Yes, because clients will be provided an opportunity to seek independent legal advice before signing the stipulation. (D) No, because a client's failure to pay fees when due may be insufficient in itself to justify withdrawal.
(D) No, because a client's failure to pay fees when due may be insufficient in itself to justify withdrawal.
An attorney is a general practitioner with extensive experience in personal injury litigation. The attorney has also handled legal malpractice cases, but does not hold herself out to be experienced in such cases. A man contacted the attorney by telephone and asked her to represent him in a legal malpractice case that he wanted to file against the lawyer who had handled his divorce. The attorney refused even to meet with the man, saying that she was troubled by how high malpractice insurance premiums were getting and was not going to take any new legal malpractice cases. She did not offer to refer the man to other lawyers who took legal malpractice cases. The man tried to contact several other lawyers, each of whom indicated that he or she would be happy to accept the representation but was too busy to take on any new matters. Six months later the statute of limitations expired without the man filing his lawsuit. If the man can establish that a legal malpractice action against the divorce lawyer would have succeeded, is the attorney subject to civil liability for refusing to accept the representation? (A) Yes, because the attorney did not have good cause to refuse the representation. (B) Yes, because the attorney did not make reasonable efforts to find a competent lawyer to represent the man. (C) No, because the attorney does not hold herself out as experienced in legal malpractice cases. (D) No, because the attorney had no legal obligation to accept the man's case.
(D) No, because the attorney had no legal obligation to accept the man's case.
An attorney is admitted to the bar of and practices only in East Dakota. As a hobby, he has read extensively about the law of West Carolina, even though he has never passed the West Carolina bar exam and has never practiced law in West Carolina. Studying case law and statutes from West Carolina has made the attorney highly competent in advising clients on West Carolina law. One day, while working in his East Dakota law office, the attorney received a call from a long-time client who was visiting West Carolina in pursuit of business interests. The client asked the attorney to advise her on West Carolina law. The attorney told the client that he was not admitted to practice law in West Carolina and that she should seek out a West Carolina attorney. The client replied that she trusted the attorney's character and judgment, she could not consult with a West Carolina attorney, and she needed an immediate reply since she had to make a time-sensitive decision. The attorney then advised the client on West Carolina Law. Is the attorney subject to discipline? (A) Yes, for giving advice on a state's law where the attorney was not admitted. (B) Yes, but only if the attorney did not charge a fee for the advice given. (C) No, because the attorney was the client's attorney for other matters. (D) No, because the attorney was sufficiently competent to give advice on West Carolina law.
(D) No, because the attorney was sufficiently competent to give advice on West Carolina law. [Lawyer was admitted and physically located in E. Dakota when advice was given. Rule 5.S(a) prohibits practicing from within a jurisdiction where lawyer is not admitted. Since lawyer was not within W. Carolina when lawyer gave competent advice, D is correct and A is not. Note the question tells you that the advice was competent, so you don't need to second guess this issue.]
A wife retained an attorney to advise her in negotiating a separation agreement with her husband. Even though he knew that his wife was represented by the attorney, the husband, who was not a lawyer, refused to obtain counsel and insisted on acting on his own behalf throughout the protracted negotiations. The attorney never met or directly communicated in any way with the husband during the entire course of the negotiations. After several months, the wife advised the attorney that the parties had reached agreement and presented the attorney with the terms. The attorney then prepared a proposed agreement that contained all of the agreed-upon terms. The attorney mailed the proposed agreement to the husband, with a cover letter stating the following: "As you know, I have been retained by your wife to represent her in this matter. I enclose two copies of the separation agreement negotiated by you and your wife. Please read it and, if it meets with your approval, sign both copies before a notary and return them to me. I will then have your wife sign them and furnish you with a fully executed copy." Is the attorney subject to discipline? (A) Yes, because the attorney did not suggest that the husband seek the advice of independent counsel before signing the agreement. (B) Yes, because the attorney directly communicated with an unrepresented person. (C) No, because the attorney acted only as a scrivener. (D) No, because the attorney's letter did not imply that the attorney was disinterested.
(D) No, because the attorney's letter did not imply that the attorney was disinterested.
An attorney represented a client who was the plaintiff in a personal injury action. The personal injury action was settled, and the attorney received a check in the amount of $10,000 payable to the attorney. The attorney deposited the check in her clients' trust account. One day later, the attorney received a letter from a bank, which had heard of the settlement of the personal injury lawsuit. The bank informed the attorney that the client had failed to make his monthly mortgage payments for the last three months and demanded that the attorney immediately release $900 of the proceeds of the settlement to the bank or the bank would institute mortgage foreclosure proceedings against the client. The attorney informed the client of the bank's letter. The client did not dispute the $900 debt to the bank, but responded: "I don't care what the bank does. The property is essentially worthless, so let the bank foreclose. If the 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 the attorney subject to discipline if she follows the client's instructions? (A) Yes, because the client did not dispute the $900 debt to the bank. (B) Yes, because the attorney knows that the client is planning to force the bank to sue him. (C) No, because the attorney did not represent the client in the mortgage matter. (D) No, because the bank has no established right to the specific proceeds of the client's personal injury judgment.
(D) No, because the bank has no established right to the specific proceeds of the client's personal injury judgment.
A law firm has 300 lawyers in 10 states. It has placed the supervision of all routine administrative and financial matters in the hands of a nonlawyer administrator. The administrator is paid a regular monthly salary and a year-end bonus of 1% of the law firm's net income from fees. Organizationally, the administrator reports to the managing partner of the law firm. This partner deals with all issues related to the law firm's supervision of the practice of law. The administrator has access to client files but does not have control over the professional judgment of the lawyers in the firm. Is it proper for the partner to participate in the law firm's use of the administrator's services in this fashion? (A) No, because the administrator has access to client files. (B) No, because the law firm is assisting a nonlawyer in the unauthorized practice of law. (C) No, because the law firm is sharing legal fees with a nonlawyer. (D) Yes, because the administrator does not control the professional judgment of the lawyers in the firm.
(D) Yes, because the administrator does not control the professional judgment of the lawyers in the firm.
One state is right across the river from another state, and there is a constant flow of people and commerce between them. Many people work in oi1 state and live in the other, and many people cross the river to shop, go to school, seek entertainment, attend religious services, and the like. An attorney who lives in the western state maintains his law office in the eastern state. He limits his practice to drunk driving defense. In 1967, the attorney became a member of the bar in both states, but a few years ago, he stopped paying his bar dues in the western state and stopped fulfilling that state's continuing legal education ("CLE") requirements. The western state placed him on its inactive list, which means that he cannot practice law there until he pays the balance in his dues account and completes the CLE requirements. Nevertheless, the attorney advertises his law office in the western state's Yellow Pages phone book and in various other media in the western state. He regularly represents drunk driving clients who live in the western state and who are charged with drunk driving in that state's courts. When a client who lives in the western state finds it inconvenient to travel to the attorney's law office in the eastern state, the attorney meets the client at the attorney's home in the western state. Recently, the attorney appeared on behalf of a drunk driving client before a young, newly appointed judge in the western state who asked him if he was admitted to practice state. The attorney responded cheerfully: "Your Honor, I was admitted to practice here back in 1967, long before Your Honor was born." The judge allowed him to proceed. ls the attorney subject to discipline by the bar of the western state? (A) No, because the attorney does not maintain a law office in the western state, and because his response to the young judge was the literal truth. (B) No, because the western state has no jurisdiction to discipline a lawyer who is not actively engaged in law practice in the state. (C) Yes, because he misled the judge by his half-true response to the judge's question. (D) Yes, both because of his unauthorized law practice in the western state, and because he misled the judge by his half-true response to the judge's question.
(D) Yes, both because of his unauthorized law practice in the western state, and because he misled the judge by his half-true response to the judge's question. Rule 5.S(b) and Comment 4; see also, 8.5(a), 8.4{c)]
Larry Lawyer writes a memorandum of his legal analysis and conclusions after investigating a hotline complaint to his corporate employer. He sends the memo to the company's 60 human resource managers. Is the memo privileged? A No, because the client is the company and not its employees. B No, because sending the memo to 60 individuals without connection to the matter results in a waiver. C Yes, because Larry reasonably believed the human resource managers needed to know about his research. D Yes, because Larry is a company lawyer and the memo contains his thoughts, impressions and conclusions.
B No, because sending the memo to 60 individuals without connection to the matter results in a waiver.
Jamica and Marisol are business partners. They send emails to each other about business issues and routinely copy the company lawyer. One of Jamica's emails to Marisol is the subject of a discovery request. Jamica's email contains the following: "The information contained in this email is privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution or copying of this communication, or any of its contents, is strictly prohibited." Is the email privileged? A Yes because it is marked as privileged. B Yes because emails copied to the company lawyer are privileged. C No because neither a blanket privilege inscription nor sending copies to in house counsel makes the contents of the email privileged. D No if the requesting party signs a protective order.
C No because neither a blanket privilege inscription nor sending copies to in house counsel makes the contents of the email privileged.
2. In a memo to his supervising attorney concerning his investigation of a hotline complaint, Larry Lawyer includes key facts that he considered when developing his legal conclusions. Are the facts privileged? A Yes, because they are included in a memo between company attorneys. B Yes, because Larry conducted the investigation and his memo is his own attorney work product. C No, because the privilege does not extend to protect against disclosure of facts. D Yes, because there are better sources of factual discovery than Larry whose memo contains hearsay.
C No, because the privilege does not extend to protect against disclosure of facts.
