Instructions: Click the answer button to see the correct answer.
1. Answer to Question 1
a. -
b. -
c. CORRECT ANSWER (C) A lawyer is prohibited from negotiating literary rights to a "portrayal or account based in substantial part on information relating to the representation." There is too much temptation to allow the representation to be skewed by the opportunity to make a good story, and thus influence adversely the representation of the case. Rules of Professional Conduct 1.8(d). Here, the attorney was still representing Client in this matter. What is more, the song that was the subject of the litigation was based on Client's life, which would be the subject matter of the proposed work. Thus, the agreement was improper for Attorney to make with Client.
d. -
2. Answer to Question 2
a. -
b. CORRECT ANSWER (C) Judge Alpha would not be subject to discipline. Her only connection with the Able v. Baker case was changing the courtroom. This had nothing to do with the substance of the case, and little or nothing to do with Alpha's role as judge, but merely was a housekeeping order in Alpha's administrative capacity. That is not enough involvement to disqualify Alpha.
c. -
d. -
3. Answer to Question 3
a. -
b. -
c. CORRECT ANSWER (B) In light of the fundamental need for honesty by lawyers, "conduct involving dishonesty, fraud, deceit or misrepresentation" is subject to discipline. Rule 8.4(b)(c)(d). Here, the attorney committed fraud, and a civil action found him liable. The fact that he did not hold himself out as a lawyer while participating in the fraudulent scheme is not enough to excuse his immoral and illegal conduct.
d. -
4. Answer to Question 4
a. -
b. CORRECT ANSWER (D) All states regard contingent fees as legal. They permit people who otherwise could not afford legal services to get representation and give the lawyer an incentive to work in the client's interest and promptly settle disputes. Such a contingency fee must be reasonable, Rule l.5(a). This contingency fee of 20% of first year royalties is clearly reasonable.
c. -
d. -
5. Answer to Question S
a. -
b. CORRECT ANSWER (B) An Attorney is not a mental health professional, with specialized knowledge and the concomitant duty to warn, as in the "Tarasoff' decision. (Tarasoff, Regents of Univ. of California (Cal. 1976); See also, Hawkins v. King County (Wash. App. 1979)). However, here the facts state that suicide, or the attempt, is a crime. Rule I .6(b)( 1 ) allows an attorney to disclose client confidences in order to prevent the client from ''committing a criminal act that the lawyer believes is likely to result in imminent death or substantial bodily harm" whether to the client or to others. Thus, Attorney should notify the authorities.
c. -
d. -
6. Answer to Question 6
a. -
b. -
c. -
d. CORRECT ANSWER (A) Under Rule I . 11, a lawyer may not represent a private client in connection with a matter in which he participated "personally and substantially" as a government lawyer. Here, Attorney was substantially involved in the criminal case against Able and Baker, and it was improper for him to represent civilly one criminal defendant against the other.
7. Answer to Question 7
a. -
b. -
c. -
d. CORRECT ANSWER (C) Rule 1.8(h) prohibits limitations of malpractice liability. The rule does except such agreements if permitted by local law and the client has independent representation. Here Able did not have independent representation, and the agreement is not proper.
8. Answer to Question 8
a. -
b. CORRECT ANSWER (A) Attorney, who knew how Engineer would testify, proposed to his client a course of action that would make her unavailable for trial. This action would frustrate the process of justice and the conduct of the trial in the court. A lawyer may not secrete a witness or advise her to leave the jurisdiction. Nor should she be able to influence another party (here, the client. Corp) to accomplish the same result. Rule 3.4(f).
c. -
d. -
9. Answer to Question 9
a. -
b. -
c. -
d. CORRECT ANSWER (D) Attorney has no duty to pay Bank for the mortgage, or for a car payment, or for anything else. Bank may be a secured creditor, but it has no established right to the specific proceeds of Client's personal injury judgment. Bank's remedy is an action of foreclosure against the property or suing Client on the note.
10. Answer to Question 10
a. -
b. -
c. -
d. CORRECT ANSWER (A)The letterhead is truthful and states in which jurisdiction each lawyer may practice law. Many firms have offices in various states, and no lawyer is required to be admitted in all of them.
11. Answer to Question 11
a. -
b. -
c. -
d. CORRECT ANSWER (C) Attorney was acting as a lobbyist for Corp. The Rules require the lawyer-lobbyist to identify the capacity in which he appears before a legislature (in this case a Congressional committee). See Rule 3.9. Here Attorney failed to disclose his role as representing Corp, or, for that matter any client, intending to deceive the committee that he was appearing in his own behalf.
12. Answer to Question 12
a. -
b. CORRECT ANSWER (A) Judge should recuse herself Five thousand shares of Big Oil, with an aggregate value of $50,000 is more than a de minimis interest in the company. Furthermore, the beneficiaries of the trust are Judge's grandchildren. Canon 2 of the Code of Judicial Conduct requires that a judge shall avoid impropriety and the appearance of impropriety in all her activities. Thus, Judge should disqualify herself in any matter affecting Big Oil.
c. -
d. -
13. Answer to Question 13
a. -
b. CORRECT ANSWER (A) Although Attorney does not know for certain that filing the irregular document would be a crime, the facts state that she reasonably believes that it would be. A lawyer may withdraw, even if there is material adverse impact upon the client if the lawyer reasonably believes that the client's persistent cause of action involving the lawyer's services is criminal or fraudulent. Rule 1.1 6(b).
c. -
d. -
14. Answer to Question 14
a. -
b. CORRECT ANSWER (A) Under Rule 1.9, an attorney who has represented a client in a matter may not thereafter represent a second client in the same or substantially related matter in which the person's interests are materially adverse to the interest of the first client. Although Attorney declined to represent Cityboro, she had a two hour session in which plans for litigation and condemnation were discussed. Thus, it would be highly inappropriate for Attorney to represent an organization whose interests were opposite to Cityboro's in a substantially similar matter.
c. -
d. -
15. Question to Answer 15
a. -
b. CORRECT ANSWER (C) Beta. who came late to the case but who prepared as diligently as she could, did not know that the statement in the brief was false. Obviously, Beta would have been better advised to have read the entire transcript, but she did not present false evidence or make false statements to the court. Thus, she is not subject to discipline for making such a statement.
c. -
d. -
16. Answer to Question 16
a. -
b. CORRECT ANSWER (D)A judge must avoid all appearance of impropriety and cannot accept any favors not offered to the general public. A judge, under Canon 2B of the Code of Judicial Conduct should not allow an impression to arise that an individual or party is in a special position of influence with him, and is required to take action to prevent anyone from attempting to capitalize on a claim that she is in such a position. Judge cannot, therefore accept a loan whose provisions would not be available to other, similarly situated borrowers.
c. -
d. -
17. Answer to Question 17
a. -
b. -
c. CORRECT ANSWER (B)Admin is employed only to handle routine business for the firm. He is a salaried employee, except for his year-end bonus. He is not engaged in the practice of law, nor does he make any decisions involving supervision of attorneys. This is not fee-splitting with non-lawyers; rather it is a performance-based compensation of a staff employee for his services in keeping the offices running smoothly. As a managing partner, it is within Attorney's responsibilities to meet with Admin, so long as Admin does not control the professional judgment of the firm's lawyers.
d. -
18. Answer to Question 18
a. -
b. CORRECT ANSWER (C)A lawyer is justified in withdrawing from a case, once instituted, only under certain circumstances. Failure to pay fees may not in itself be enough to justify withdrawal. An attorney who withdraws improperly from a case may submit herself to liability resulting from the resulting neglect of the matter. Rule I.1 6(b)(5) permits withdrawal if the representation will create an "unreasonable financial burden" for the lawyer, which may not exist in many of these cases. Thus, the stipulation is improper.
c. -
d. -
19. Answer to Question 19
a. -
b. -
c. -
d. CORRECT ANSWER (D)It is not proper for Attorney to accept Aunt's check unless Attorney first informs Defendant and obtains his consent. I he client must be informed of other parties' interest in the case, and the lawyer owes his duty to the client alone. Aunt may have another agenda in mind, and the funding of the case without Defendant's consent may vitiate the loyalty owed by Attorney to Defendant.
20. Answer to Question 20
a. -
b. -
c. CORRECT ANSWER (C) Attorney is subject to civil liability, via a malpractice suit, in allowing the statute of limitations to run out on the client's claim. Under respondent superior, the negligence of the legal assistant is imputed to Attorney. However, he is not subject to discipline unless he failed in his duty to adequately supervise the work of the legal assistant. Rule 5.1 places a special duty on partners and supervisory attorneys to make sure that the firm has reasonable measures to assure that all lawyers conform with the Rules of Professional Conduct.
d. -
21. Answer to Question 21
a. -
b. -
c. CORRECT ANSWER (B) Attorney's question to Deft was not improper. But Attorney's assertion of his own belief, outside of any evidence, subjects him to discipline. See Rule 3.4(e).
d. -
22. Answer to Question 22
a. -
b. -
c. CORRECT ANSWER (B)Pros was aware that Wit had first identified another person and only after coaching by a detective, identified Deft as the perpetrator. A prosecutor must make timely disclosure to the defense of evidence that tends to negate guilt, mitigate the degree of the offense, or reduce punishment. Rule 3.8(d).
d. -
23. Answer to Question 23
a. -
b. CORRECT ANSWER (C) Attorney's conduct was improper. Although she rendered statements for services to Client, she did not withdraw any of the advance until the completion of the matter. This resulted in an impermissible commingling of her funds with those of Client. See Rule 1.1 5(a).
c. -
d. -
24. Answer to Question 24
a. -
b. -
c. -
d. CORRECT ANSWER (D)Although it may be unaesthetic or tawdry in appearance, there is no violation of any rule of professional conduct by such advertising. The advertising was truthful and aimed at reaching a particular audience in the best and most efficient manner. Alpha is not subject to discipline.
25. Answer to Question 2S
a. -
b. -
c. CORRECT ANSWER (C)Alpha merely told the reporters to check the files and note his previous statements. He reasonably believed that the statements about Beta's campaign practices were true. There is no violation in making statements that an Attorney reasonably believes are truthful.
d. -
26. Answer to Question 26
a. -
b. CORRECT ANSWER (B) It is not improper for Judge to serve as guardian. Her role is that of a criminal trial judge, and accepting this guardianship would not interfere with the performance of her official duties. Furthermore, it involves a close family member and it is something that a daughter would be expected to do as a matter of course.
c. -
d. -
27. Answer to Question 27
a. -
b. -
c. CORRECT ANSWER (C)Sanctions are imposed under Fed. R. Civ. P. 11, and analogous state rules, for Attorneys bringing frivolous or nuisance suits or those not founded in good law. Thereupon learning of the adverse decision, Alpha withdrew the third ground and continued on the other valid grounds for a wrongful discharge case. There is no violation of the rules of procedure and no basis for sanction of Alpha.
d. -
28. Answer to Question 28
a. -
b. -
c. -
d. CORRECT ANSWER (C) (C) is correct. I and 111 are proper, and II is not. I is proper. Rule I .1 5(a), which deals with clients' funds, indicates that a lawyer has an obligation not to commingle clients' funds with the lawyer's personal funds. Sending the check directly to the client satisfies that rule. II is a violation of this Rule because it would involve the commingling of the client's funds with the lawyer's. III is proper because the lawyer has not commingled his personal funds with his client funds.
29. Answer to Question 29
a. -
b. -
c. CORRECT ANSWER (C) is correct because it is the only option that does not violate the Rules. A lawyer who represents multiple claimants may not accept a settlement on their behalf, even if it is reasonable, unless the lawyer has advised the clients of all their respective claims and his proposed distribution, and all the clients consent to the settlement and distribution. Rule 1.8(g). Since III complies with these requirements, it is proper. (Conversely, II would allow Alpha to accept and distribute the settlement without client consultation and therefore violates Rule 1.8(g).) I is also improper because acceptance of a settlement is a decision only the client can make and a lawyer may not enter into a contract with a client which limits or abrogates that authority. Rule 1.2(a).