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[2002-2] Judge has just completed a trial that presented a complex issue of antitrust law. Despite competent presentations by both sides, Judge has decided that it is necessary to obtain advice from a disinterested expert in antitrust law. Judge proposes to contact Teacher, a friend of Judge's who has taught antitrust law for fifteen years and is highly regarded in the field. Is it proper for Judge to contact Teacher?
Yes, provided Judge informs the parties of the substance of the advice and provides the parties a reasonable opportunity to respond.
No, because Judge must decide the case based only on the evidence provided by the parties.
Yes, if Judge informs the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond.
Yes, if Judge informs the parties of the person consulted and the substance of the advice obtained.
The State X Constitution requires that all judges retire at age 70. However, if a judge is found qualified by the Judicial Recall Commission, that jurist can be returned to the bench as a sitting judge at full pay. Jurist is age 70, was competent for the first nine years of his ten years as a judge, is unable to return to the practice of law, has minimal retirement benefits, and will have to reduce significantly his standard of living if he is Not recalled. During his last year as a judge, Jurist's wife died, and he was greatly depressed. He was erratic in his conduct on the bench and slow in making decisions. Lawyer, with Jurist's knowledge, rated Jurist qualified to be recalled so that he could earn the full judge's salary. Was Lawyer's conduct proper?
No, because Lawyer made the rating with Jurist's knowledge.
No, because the reason was to ensure that Jurist received a full judicial salary.
Yes, because a lawyer can have and express an opinion on a judge's fitness.
Yes, because Jurist was competent during his first nine years as a judge.
As security for the payment of a $200 fee, Client deposited with Attorney several one-ounce gold bars, which have a fair market value of $5,000. Attorney placed these bars in the top drawer of his desk, which is Normally unlocked, and gave Client a receipt for the bars. Is Attorney subject to discipline because of this conduct?
No, because Attorney promptly gave a receipt for the gold bars.
Yes, because Attorney failed to deposit the bars with a bank.
Yes, because Attorney failed to provide for proper security for Client's property.
No, because the bars are Not "funds" of Client.
Law Firm specializes in representing lenders who purchase tax-exempt revenue bonds. When it hires an associate, it invests substantial sums to train the attorney to represent lenders in this field. Once an associate has received the training in this field, the attorney would be able to obtain Law Firm's clients as personal clients if the attorney were to leave Law Firm. Therefore, Law Firm requires as a condition of employment that Associate agree Not to solicit any client of Law Firm who is in the business of purchasing industrial revenue bonds for a period of six months after leaving Law Firm. Is Associate subject to discipline if he signs this agreement'?
No, because it was a condition of Associate's employment and the attorney had No power to delete that condition.
No, because it is reasonable in time and scope.
No, because a lawyer may voluntarily relinquish the right to practice law.
Yes, because a lawyer may Not agree to restrict the right to practice law.
Attorney, at the joint request of Husband and Wife, prepared wills for each of them. Each will left the party's property to the surviving spouse for life, and upon the death of the survivor, one-half to Husband's son by a prior marriage and one-half to Wife's daughter by a prior marriage. Six months after the wills were executed, Wife called on Attorney and requested him to prepare a new will for her which would leave all her property outright to her daughter. It is proper for Attorney to:
Prepare the will as Wife requested, and after it is executed, inform Husband about it.
Prepare the will as Wife requested, have it executed, and Not tell Husband about it.
Refuse to prepare the will as Wife requested, but inform Husband of Wife's intent to change her will.
Refuse to prepare the will as Wife requested, and Not inform Husband of Wife's intent to change her will.
W retained Lawyer to assist her in obtaining a divorce from H. During one of their meetings, W and Lawyer constructed a list of assets and income for both H and W. This list was a necessary part of Lawyer's representation of W since it would dictate the amount of any property settlement or alimony that they would ask the court to provide or accept by way of agreement with H. W indicated that H always filed a separate federal income tax return and failed to report approximately $10,000 per year he earned moonlighting, and that he intended to continue the practice. However, because W did Not want H to get in trouble with the Internal Revenue Service, she requested that Lawyer keep this information confidential. W also indicated that H is still taking home cash from his moonlighting. Which of the following is the proper course of conduct for Lawyer?
Disclose the unreported income to the court as part of the case.
inform H's attorney that W intends to reveal H's failure to report the income to the IRS unless a divorce settlement can be reached before trial.
Disclose the unreported income to the IRS.
Not disclose the unreported income to anyone.
Defendant is charged with the armed robbery of a grocery store. The prosecution's principal witness is Cashier, who identified Defendant at a lineup shortly after the robbery. When the lineup was completed, Cashier said to Prosecutor Alpha, who was conducting the lineup, "My boss told me to make an identification or lose my job." After Cashier testified on direct examination at trial and identified Defendant, Prosecutor Beta, who was trying the case, told
No, because Beta complied with the obligation to disclose.
Yes, because Beta failed to disclose the information in a timely manner.
Yes, because Beta improperly revealed evidence damaging to the government's case.
No, because Beta was under No duty to reveal the information adverse to the government's case absent personal knowledge of its truth.
Defendant's lawyer about the conversation between Cashier and Prosecutor Alpha after the lineup. Is Prosecutor Beta subject to discipline because of this conduct?
Lawyer, whose practice centered on the area of business law. agreed to employ Law Student (L.S.) during the summer between his second and third years at law school. L.S. was chosen over all other applicants due to the fact that he had received "A's" in all of his business law related courses. Lawyer had arranged to go to State Y for one week to attend to the legal needs of corporate clients. At 4:30 p.m. on the day before leaving, X, a long-time friend of Lawyer's, came to Lawyer's office and requested that Lawyer prepare the papers for a corporation which he desired to create to take advantage of a business opportunity. Due to Lawyer's trip and the fact that X indicated that he needed to establish the corporation within the next three days, Lawyer gave L.S. instructions to prepare the corporate papers and assist X in filing them. Is Lawyer subject to discipline?
No, because of L.S.'s apparent competence in the area of business law.
Yes, because Lawyer has aided a non-lawyer to practice law.
Yes, but only if L.S. fails to prepare and file the papers in a competent manner.
No, if X consents to the delegation after full disclosure by Lawyer.
Attorney is a highly regarded criminal lawyer. Def, who has a fourth grade education, has been arrested for murder and Attorney-was appointed to represent him. Attorney has engaged in extensive plea negotiations with the district attorney's office regarding Def's case. It is Attorney's belief that if Def demands a jury trial, he will be found guilty and the judge will be required to impose the death penalty. However. if Def is willing to plead guilty, it is Attorney's understanding that the district attorney's office will join in a joint recommendation that Def receive a sentence of life imprisonment with a possibility of parole. Def, who has freely admitted his guilt to Attorney, turns belligerent when Attorney informs him of the advantages to be obtained by a plea. He states to Attorney that he knows that he can "beat this rap" before a jury because the prosecution cannot prove its case and he intends Not to testify. He demands that Attorney go forward with a jury trial. What is Attorney's proper course of conduct due to the disagreement with Def?
Attorney should accede to Def's wishes and proceed to a trial by jury.
Attorney should withdraw from the matter, but is required to take reasonable steps to avoid foreseeable prejudice to Def's rights.
Attorney should consider Def's lack of mental capacity to make an informed and knowing decision, and enter a plea of guilty on Def's behalf if he believes this to be in Def's best interests.
Attorney should seek permission to withdraw, but take steps to avoid prejudice to Def's rights due to his withdrawal.
Attorney successfully represented Defendant in a murder trial. Defendant was acquitted. By the end of the trial, Defendant had paid Attorney only half of the agreed-upon fee. Attorney then secured a lien against Defendant's home for the remainder of his fee. Due to the great publicity which Defendant's trial generated, he desires to move to another area of the country where he is less well known. Defendant approached Attorney and offered, by way of settlement of Attorney's legal fees, to give the lawyer a 15% interest in the profits of the book he has written about his trial and his related experiences if Attorney will remove the lien so that Defendant may sell his house. The book is in the process of being published. Attorney agreed with Defendant's offer. Is Lawyer subject to discipline?
Yes, because it is improper to accept a percentage of the profits from the sale of Defendant's book in settlement of his legal fees.
No
Yes, because Attorney's use of a lien against Defendant's home to secure the payment of legal fees was improper.
Yes, because the settlement agreement was improper.
Attorney is on annual retainer from insurance Company to defend negligence actions against persons insured by Company. A settlement was reached on the claim of a minor. The settlement was negotiated by the minor's parents and an adjuster for insurance Company without Attorney being involved. The settlement must be approved by the appropriate court. Insurance Company has asked Attorney to prepare the necessary papers on behalf of the minor and to seek the court's approval. Which of the following is proper? I. Attorney should decline to so act. II. Attorney may so act so long as neither party pays a fee. III. Attorney may so act provided both clients consent to the arrangement, and Attorney reasonably believes that the arrangement will Not adversely affect the clients.
I only
II only
III only
II and III
Attorney was executor of and lawyer to Decedent's estate. The assets of the estate included 100 shares of Exco stock, a stock traded on the New York Stock Exchange. It was necessary to sell the shares to secure funds to pay the debts and expenses of administration. Attorney wishes to obtain 100 shares of Exco. Which of the following is proper? I. Not buy the shares from the estate, and not buy like shares on the stock exchange until probate of the estate is concluded. II. Not buy the shares from the estate, but buy like shares on the stock exchange while the estate is being probated. III. Without court approval, buy the shares from the estate at the prevailing market price. IV. Without court approval, buy the shares from the estate at the prevailing market price, less the amount of the costs and commissions that would have been paid if the stock had been sold on the exchange.
I, II, III, and IV
Both I and II, but not III or IV
I, II, and III, but not IV
I only
S and D, the only children of H, were disinherited by him and plan to challenge his will. S learned that Attorney Alpha, a recently admitted lawyer, is a close friend of the son of Judge Gamma, who will be presiding at the trial. S requested that Alpha meet with S and D. At that meeting, D questioned Alpha's experience in trying a will contest. S said that Alpha's friendship with Judge Gamma's son would more than make up for this inexperience. Alpha said Nothing. The next day, S, on behalf of himself and D, asked Alpha to represent them in the will contest. Is it proper for Alpha to accept employment?
Yes, because S and D have made the decision to employ Alpha with full knowledge of the relationship with Judge's son.
Yes, because Alpha has Not claimed to be able to improperly influence Judge.
No, because Alpha has implied by silence that he is able to influence Judge's decision in the matter on irrelevant grounds.
No, because Alpha's relationship with Judge's son requires Judge to be excluded from hearing the trial.
Attorney was hired to bring suit against A Corp. for damages to Client's building as a result of a fire negligently started by one of A Corp.'s employees. The building was totally destroyed and its replacement value is $150,000. Client, who had insured the building for only $100,000, wants to recover only enough money to rebuild. Therefore, he has suggested to Attorney that he take as a fee any amount collected from A Corp. that is above the $50.000 needed to rebuild. Is Attorney subject to discipline for agreeing to Client's suggestion?
Yes, because net fee agreements are expressly prohibited.
No, because contingent fees are proper.
No, provided Attorney actually receives an amount as a fee that is reasonable in relation to the amount recovered by Client.
Yes, because Attorney would acquire an interest in the case that may be contrary to Client's.
Judge, a member of a local trial court, presided over a trial in which Acme, inc. was sued by Beta, inc. On cross-examination, Lawyer, Beta's counsel, extracted from Pres., Acme's President, confidential corporate information which indicated that Acme was about to build a shopping center on a parcel of land situated at the corner of Main and Elm Streets in Metropolis. Is it proper for Judge to purchase commercially zoned land next to the proposed shopping center?
No, because a judge may not invest in commercial real estate while serving as a member of the bench.
Yes, if Judge discloses to the seller Acme's proposal to build a shopping center.
Yes, as long as Judge makes no misrepresentations about the activities of Acme.
No, because a judge may not use information acquired in a judicial capacity to improve personal financial dealings.
Attorney served a four-year term as District Attorney, which expired on January 2, 2000. On January 3, 2000, Attorney returned to private practice. On December 31, 1999, Thief was caught breaking and entering by the local police. He was indicted by the grand jury on January 15, 2000. At his arraignment two days later, Thief demonstrated that he did Not have the funds to hire a lawyer. The judge proposes to appoint Attorney. Can he properly accept?
Yes, because it is the duty of a lawyer to represent indigents when appointed by a judge.
Yes, because judicial process had not commenced while he was District Attorney.
No, because he was District Attorney when Thief was caught.
No, because an attorney must wait for one year after leaving public service before he can take a case in which his agency is on the opposite side.
Attorney represented Decedent during the last five years of his life. Attorney prepared a document offered as Decedent's last will and testament, and witnessed the execution of that document. W, Decedent's widow, was named chief beneficiary of the will and executrix. S, Decedent's son by a previous marriage, has contested the allowance of the will. W has asked Attorney to represent her in that will contest. Can Attorney accept that representation?
No, unless the executrix, with full knowledge of the prior representation, agrees to hire Attorney.
Yes, if Attorney believes that the will contest should Not succeed.
No, because Attorney will be required to testify on a disputed matter.
Yes, because Attorney represented Decedent in the preparation of the will.
Nine years ago, Attorney Red represented Client Green in a matter involving litigation. During that litigation, Attorney Red acquired information detrimental to Green. Attorney Red has recently formed a partnership with Attorney Blue. Client Purple has asked Attorney Blue to bring a lawsuit against Green. Is Attorney Red subject to discipline if Attorney Blue represents Purple in this matter?
No, because Blue was not Red's partner when Red represented Green.
No, if Red reveals No information to Blue concerning Green.
Yes, because in prior litigation Red acquired information detrimental to Green's interest.
Yes, unless Red relinquishes any interest in any fee that Blue may earn through the representation of Purple in his lawsuit against Green.
Attorney represents Client in a contractual dispute with Adversary. Adversary has filed suit. Adversary properly requests discovery of various documents in Client's records. Client brings those records to Attorney, at Attorney's request, but tells Attorney that some of those documents are fraudulent in significant respects. Attorney objects, but forwards all of the documents to Adversary's lawyer upon Client's demand that she do so. As a result of these documents, Adversary and Client stipulate to various matters which foreclose Adversary's best theories of recovery. The court grants summary judgment to Client. Was the conduct of Attorney in forwarding the documents proper?
violate the ethical rules of confidentiality.
Yes, because to disclose that the documents were fraudulent would
in any court proceeding.
No
Yes, as long as the documents were not disclosed to the court or at issue
Yes, because Client so instructed.
With Client's permission, Attorney Alpha settled a contract action in which Client was plaintiff for $30,000. When the check was received, payable to Attorney Alpha as attorney for Client, Attorney Alpha deposited it in the law office's clients' funds account. Attorney Alpha and Client have been unable to agree on a fee for Alpha's services in the case. Alpha has sent a bill for $6,000 and Client has refused to pay more than $4,000. What is the proper action for Alpha to take with respect to the funds in his clients' funds account?
Pay $24,000 to Client and pay the remaining $6,000 to Alpha's personal account with an agreement to reimburse Client if this fee is found to be excessive.
Pay Client Nothing, but transfer $4,000 to Alpha's personal account.
Leave the entire sum in the account.
Pay Client $24,000, transfer $4,000 to Alpha's personal account and save the remaining $2,000 in the clients' funds account.
Lawyer and Writer, a newspaper reporter, were college roommates. They kept in touch after graduation and often socialized together. Each took a personal interest in the career of the other and attempted to assist the other whenever possible. Thus, Lawyer and Writer agreed that Lawyer would inform Writer of any newsworthy events that Lawyer learned of and in turn, Writer would provide Lawyer with favorable publicity in newspaper articles regarding Lawyer's trials. Is the agreement between Lawyer and Writer proper?
No, because a lawyer may Not pay anything to secure a recommendation of potential clients.
Yes, because Lawyer has not given Writer anything of value for the recommendation of prospective clients.
Yes, because even if the favorable publicity given to Lawyer promotes the use of that attorney's services, Lawyer has Not paid Writer to do so.
No, because Lawyer requested that Writer promote the use of his services through favorable publicity.
Attorney is a member of the City Council of Metropolis. The City Council appoints members of the Redevelopment Board. The Redevelopment Board by majority vote refused Developer a special permit to construct an office building. Developer appeals the decision to a court. Can Attorney represent Developer in that appeal?
Yes, because the Redevelopment Board acts independently of the City Council.
Yes, if he is convinced that the city will benefit from the construction of the building.
No, because he is a member of the City Council.
No, because of the conflict of interest between the Redevelopment Board and Developer.
Attorney represents Client in a criminal case. Client has admitted to Attorney in a privileged communication that he committed the crime. Attorney has investigated the prosecution's case and is convinced that Client will be found guilty. Prosecutor has offered Attorney an attractive plea bargain. Is it proper for Attorney to accept it'?
No, unless Client consents after consultation with independent counsel.
No, unless Client consents after full disclosure by Attorney.
Yes, because Attorney knows Client is guilty.
Yes, because Attorney reasonably believes that Client will be convicted, in which case the court will impose a much harsher sentence than that offered in the plea bargain.
Attorney Pink and Attorney Drum, the most competent trial lawyers in Oldtown, have often been opponents in litigation, but have great respect for each other. Pink represents Panther, who was severely injured in an auto accident. Drum represents the potential Defendant, Roll. Pink and Drum have attempted to settle the case, but have been unsuccessful. Three days before the statute of limitations expired, Pink's mother died in Europe and he had to fly there to make the funeral arrangements. Attorney Pink called Attorney Drum and asked him to forego raising the defense of the statute of limitations as long as the suit was filed within a month of the time that it expired. May Attorney Drum properly accede to the request?
Yes, since Attorney Pink will file the suit on time if the request is not granted.
No, because the statute of limitations cannot be waived.
Yes, since it is the appropriate extension of a professional courtesy.
No, unless Drum's client, Roll, consents after full disclosure.
Attorney was assistant clerk of the municipal court. When the police issued a speeding ticket, Attorney would write a letter to the violator informing him that he could either plead guilty and pay a fine or could contest the matter at a trial. The state was represented by the District Attorney's office at such trials. Soon after he resigned as assistant clerk of court, Client asked Attorney to represent him on a speeding complaint where Attorney had written the letter informing Client of his alternatives when Attorney was clerk of court. Can Attorney properly represent Client?
Yes, because he had No substantial responsibility for prosecution of speeding offenses.
No, because he signed the letter to Client which demanded payment of the fine as an alternative to trial.
No, because he was employed by the court at the time Client was cited for speeding.
Yes, because he was No longer employed as assistant clerk of courts.
Attorney's best client, Smith, requested that Attorney recommend Smith's son, Bob, for admission to the bar. Attorney does not know Bob, but she has known Bob's father for more than 20 years. Attorney should:
Give the recommendation unless she knows that Bob is Not qualified.
Do the best she can for Bob.
Do Nothing, because if she recommends Bob, it would create a conflict between Attorney's duty to her client and to the judicial system.
Recommend Bob only if Attorney knows Bob is qualified with respect to character, education, and other relevant attributes.
Attorney is a member of the legislature of State X. The legislature meets for a two-month session every year. Which of the following activities is it improper for Attorney to engage in? I. Accept full-time employment in the general counsel's office of Alpha Corporation, a corporation that is a public utility regulated by the Public Utility Commission of State X. II. Appear before the State Public Utilities Commission of State X representing Beta Corporation if the budget of the Public Utilities Commission is regularly approved by the legislature. III. At a time when legislation affecting the licensing of chiropractors is before the legislature, accept an all-expenses-paid trip to Bermuda as a guest of the Chiropractors' Association at their annual meeting.
I and III
II only
III only
I only
Law School has approached Judge, an alumnus, about the possibility of Judge assisting the school in the upgrading of its curriculum. Law School has requested the following: I. That Judge teach a course on civil litigation. II. That judge serve on the Law School Board of Trustees. III. That Judge allow the school to list her as a contributor to the school in an advertisement to be placed in a newspaper soliciting contributions to Law School's capital expansion fund. Which of the above are requests which are proper for Judge to agree to?
II and III
I and II
I only
I, II, and III
Attorney was recently hired by Law Firm as a member of its litigation department. Prior to being employed by Law Firm, Attorney had been an assistant district attorney. While a member of the district attorney's office, Attorney had obtained indictments in twenty cases in the last several months. Felon, who had been prosecuted by Attorney and indicted during this period, retained Lawyer, a partner in Law Firm, to represent him in future proceedings stemming from the indictment. Is it proper for Lawyer to accept the employment?
No, unless Attorney does not participate in Client's defense.
No, due to Attorney's earlier participation in the case as a district attorney.
Yes, because Attorney is no longer a member of the district attorney's office.
Yes, provided that Attorney is screened from participating in the matter and receives No part of the fee, and the district attorney's office is given written Notice.
Able is an attorney licensed to practice in State X. Baker and Charlie are partners in a law firm in State Y. Neither Baker nor Charlie is licensed to practice in State X, and they employ Able to handle any matters which come to them which must be handled in State X. There is No formal relationship between the three individuals other than the fact of the association on these matters. Able bills Baker and Charlie for the work performed in State X. Baker and Charlie then send a bill to Client that is the sum of Able's bill and the bill for the work which Baker and Charlie performed for Client in State Y. Is it proper for Baker and Charlie to employ Able to handle certain of Client's legal affairs under the circumstances outlined above?
Yes, provided the fee charged Client is Not increased due to the referral.
Yes, since they are Not capable of practicing in State X.
No, unless Client is fully informed of the employment and does not object to it.
No, because this arrangement constitutes improper fee splitting.
Attorney is representing Client, the defendant in the trial of a civil case in the state trial court. Plaintiff is relying on certain decisions of the state's highest court. One defense that Attorney intends to assert is a legal doctrine that is directly contrary to those decisions. Is Attorney subject to discipline if Attorney asserts such a defense?
No, because it is Attorney's duty to present all matters favorable to Client.
No, if Attorney believes in good faith that the defense has merit.
Yes, because it involves a legal doctrine that is directly contrary to decisions of the state's highest court.
Yes, unless Attorney can distinguish the contrary decisions of the state's highest court.
Attorney has been appointed by the court to defend Client, who has a college education, on a rape charge. On the evening of trial, Attorney and Client had an argument and Client fired Attorney. Must Attorney withdraw from the case?
Yes, with court approval, if Attorney believes that it will be difficult to represent Client because of the disagreement.
No, if Attorney believes that the purported discharge was for the purpose of delaying the trial.
Yes, with court approval, because Client discharged Attorney.
No, because Attorney was appointed by the court and can only be fired by the court.
Attorney A has brought an action in tort on behalf of a client against B Corporation for injuries suffered from a defective product that it manufactured. One of the issues central to the proceeding is the existence(or lack thereof) of Notice of the defect to B Corp. B Corp. has informed Attorney A that P, its president and chief operating officer, will be out of the country for an extended period of time - including the time during which A's action is scheduled for trial. B Corp. therefore has indicated to A that it has arranged for P's deposition to be taken prior to the time that he will be abroad. B Corp. intends to introduce the deposition at trial as P's testimony, and has provided A an opportunity to amend the deposition and to cross-examine P. However, A wishes to interview P prior to the date set for the deposition in order to prepare his cross-examination. Is A subject to discipline if, without informing B Corp.'s counsel, he contacts P and interviews him prior to the deposition?
Yes, but only if P was personally sued by A.
No, because P's interests are not directly in conflict with A's.
Yes, because P is the president and chief operating officer of B Corp.
No, because a lawyer has a right to interview a prospective witness without permission of opposing counsel.
Client(an adult of sound mind) and Attorney entered into a fee arrangement in a personal injury case. The case has been successfully settled. Client Now believes that the amount to be received by Attorney as his percentage is far too large for the work Attorney performed. Whether the fee is proper is determined:
By ascertaining whether the fee would be deemed reasonable by a
Solely by whether it exceeds the maximum contingent fee in the area where Attorney practices.
Solely by the amount of time Attorney devoted to the case prior to the settlement.
By considerations of effort and experience of the attorney, and whether the tee is fixed or contingent, among other things.
client who regularly employs lawyers on a contingent fee basis.
Attorney Green represented Husband in a domestic relations case. Attorney Black represented Wife. In an attempt to resolve the case, Attorney Green sent a letter to Attorney Black outlining the terms of settlement and sent a copy of that letter to Wife. Is the conduct of Attorney Green proper?
No, unless Attorney Black gave Attorney Green permission to send the letter or it was sent pursuant to a court order.
No, unless Attorney Green was reasonably convinced that Attorney Black was not informing his client of settlement proposals.
Yes, because Attorney Black has an obligation to transmit all settlement offers to his client.
Yes, if he indicated on the original letter that he was sending a copy to Wife.
Black and White are equal partners doing business as B and W. As partners, they hired Attorney to pursue a claim. Attorney settled the case and received $10,000, which he has placed in his escrow account. Attorney's reasonable fee for the work performed is $2,00O, but neither Black nor White has agreed to that amount. If Black calls Attorney and asks for his half of the settlement, Attorney should:
Remit $4,000 to Black, $4,000 to White, and $2,000 to himself
Remit $4,000 to Black, $4,000 to White, and leave the remaining $2,000 in the escrow account.
Remit $8,000 to Black and White as partners doing business as B and W, and leave the remaining $2,000 in the escrow account.
Remit $8,000 to Black and White as partners doing business as B and W. and $2,000 to himself
Attorney is on annual retainer for Client to handle its litigation. Client consults Attorney on a complex workers' compensation matter. Attorney has had No training or experience in such matters. What should Attorney do? I. He must refuse the case. II. He may accept the case if he can become qualified without unreasonably delaying Client's case. III. He may accept the case and, without Client's knowledge, associate with a certified specialist in workers' compensation. IV. He may accept the case if, with Client's consent. he associates with a lawyer who is competent in workers' compensation matters.
II or III, but Not I or IV
III only
II or IV, but Not I or III
I only
Lawyer is a member of Law Firm. Prior to joining Law Firm, Lawyer was an attorney for a state agency. While working for the agency, Lawyer principally was engaged in researching real estate titles. The agency seeks to take Client's land by eminent domain, and has made Client an offer of $50,000 for her land. Client believes that the offer is low and has retained Law Firm to contest the taking only on the issue of damages. Lawyer is aware of a confidential memo in the agency's files that would effectively block the eminent domain action. The memo was written by another lawyer in the agency and sent to its director. Is it proper for Law Firm to represent Client in this action?
No, due to Lawyer's prior association with the agency.
Yes, provided Lawyer takes No part in the representation of Client.
Yes, provided both Client and the agency consent after full written disclosure of Lawyer's relationship to the parties.
Yes, provided that Lawyer takes no part in the representation, and receives no part of the fee, and Law Firm discloses this situation in writing to the agency.
Lawyer is a member of Law Firm. Prior to joining Law Firm, Lawyer was an attorney for a state agency. While working for the agency, Lawyer principally was engaged in researching real estate titles. The agency seeks to take Client's land by eminent domain, and has made Client an offer of $50,000 for her land. Client believes that the offer is low and has retained Law Firm to contest the taking only on the issue of damages. Lawyer is aware of a confidential memo in the agency's files that would effectively block the eminent domain action. The memo was written by another lawyer in the agency and sent to its director. If Law Firm represents Client in the action, which of the following courses of action is proper for Lawyer with regard to the memo? I. Lawyer may Not disclose the existence of the memo to either party since it is protected information. II. Lawyer may bring it to the agency's attention, but may Not disclose its existence to Client without the agency's consent. III. Lawyer may call upon the agency to dismiss its action, and if the agency fails to do so, reveal the memo to Client and the court. IV. Lawyer may disclose the existence of the memo if so required by law or court order.
III only
II only
II and IV
I and IV
Attorney is representing Plaintiff in an automobile accident claim against Defendant. Defendant has taken the stand and given testimony that, if believed, would cause Plaintiff to lose. On cross-examination, Attorney asked Defendant if he filed an income tax return that substantially understated his income for the year 1996. Is Attorney subject to discipline?
Yes, because the question is irrelevant and unreasonably damages the character of Defendant.
No, if Attorney had reason to believe that Defendant had understated his income.
No, because the question is relevant to Defendant's credibility.
Yes, unless the lawyer had in his possession a copy of a conviction of Defendant for filing a fraudulent tax return.
Lawyer, who was admitted to the New York bar in 1961, maintains a law practice in New York. Her offices are in Manhattan, but she has clients from New York, New Jersey, Connecticut and Florida. Most of her Florida clients are former residents of the New York metropolitan area who have retired and moved to Florida. She is admitted to the bar in all four states. She has written a legal publication, intended principally for attorneys, on the subject of wills and the administration of estates. Recently, Lawyer published an advertisement in a prominent New York newspaper. Among other information given, the advertisement stated: I. I have been in practice for over twenty years. II. I have written a book on the subject of wills and the administration of estates. III. I am admitted to the bar in Connecticut, Florida, New Jersey, and New York. Lawyer is subject to discipline for advertising which of the above?
I and II
II only
II and III
None of the above
George P. George, a local attorney, has amicably severed his relationship with the law firm with which he was formerly associated. He has prepared this announcement: George P. George, Attorney, formerly associated with the law firm of Smith, Smith & George, announces the opening of his of ice for the practice of law at 130 Law Center Building, City, CA. He wishes to send this announcement to: I. The 1,000 members of the Tenth Street Church, of which George is a member and a trustee; II. All clients personally served by him within the past year at Smith, Smith & George; and III. The 2,000 attorneys listed in the City, CA telephone directory. It is Proper for George to send this announcement to:
Both II and III, but Not I
Both I and III, but Not II
II only
I, II, and III
Attorney is representing Seller in a civil suit for breach of a contract in which Seller agreed to sell a racehorse to Buyer for $25,000. Buyer refused to accept the horse when it was delivered after a three-hour trip because the horse had a condition that made it unfit for racing. The horse had been placed in Buyer's trailer by Seller. If the horse was injured during transit in the trailer, Seller will recover. Seller asserts that the horse was in good condition and fit for racing when placed in the trailer and insists that Attorney file a motion for summary judgment supported by Seller's affidavit to that effect. Attorney's investigation has disclosed that the horse's condition is one that ordinarily is caused by prolonged neglect. Attorney has advised
does not withdraw from the case?
Yes, if Attorney believes the motion for summary judgment will be denied.
No, unless Attorney knows that Seller's affidavit will contain false statements.
No, because Attorney must accept Seller's version of the facts.
Yes, because Seller refuses to follow Attorney's advice.
Seller that there is a disputed issue of fact, and, therefore, the motion will almost certainly be denied. Is Attorney subject to discipline if Attorney
Question 44
Not without Client's permission, unless Charlie and Client insist on pursuing a course of action which is either illegal or prohibited under ABA standards.
Attorney Alfa was hired by Client to commence litigation against an employee for breach of an employment contract. Employee filed a counterclaim alleging violations of the antitrust laws. Alfa is not skilled in the antitrust field and proposes to associate in the case and divide his fee with Attorney Beta, who is skilled in the antitrust field. Assume Client, who recognizes the need to be represented by an expert in the field of antitrust law, hires Attorney Charlie to participate in the case as co-counsel. May Attorney Alfa withdraw from the case?
No, unless Alfa and Charlie are unable to agree on a matter vital to Client's representation.
No, unless Client knowingly and freely consents.
Yes. so long as doing so can be accomplished without material adverse effect.
Judge is a candidate for reelection to her position as a member of the trial court in State X. Lawyer is actively campaigning for Judge's position. To assist in her campaign, Judge has established a campaign committee to secure campaign funding and to obtain public statements of support for her candidacy. Judge has arranged for two prominent lawyers to give a news conference publicly proclaiming their support for her. Judge intends this news conference to give her campaign committee a start, after which she plans to leave the subjects of funding and support solely to the committee. Were Judge's actions proper?
No. because neither a judge Nor her campaign committee may solicit statements of support from members of the bar.
No, because a judge may only create a committee to obtain campaign financing, Not to seek public proclamations of support.
Yes, because Judge merely set in motion the committee's activities, and did not play a substantial part in obtaining the statements from the two lawyers.
No, because she personally became involved in the activities of her campaign committee.
Judge is a candidate for reelection. He has written a decision concerning the enforceability of a clause permitting a bank to demand payment of a mortgage Note when the property is sold. If he is interviewed by the press, which of the following statements concerning the issue presented by that decision is(are) proper? I. "The validity of a due on sale clause is an appropriate issue for the legislature." II. "In my opinion, courts must permit enforcement of such clauses to preserve the economic soundness of the banking system." III. "If I were faced with the problem in the future, I would do the same thing."
III only
I, II, and III
I only
II only
Johnson, an attorney, is a member of the State X legislature. Lawyer, a highly regarded specialist in criminal law. Is chairman of the board of directors of a legal aid office that is funded entirely by state funds. A bill is before the legislature that would severely restrict or eliminate the funding for the legal aid office. Johnson and Lawyer have had several discussions about the merits of the bill, of which Johnson has been a strong supporter. Johnson's son, Jack, age 17, was arrested for driving under the influence of alcohol. Officer, who arrested Jack, did Not administer a breathalyzer test and relied solely on her observations of Jack's behavior. Lawyer believes that an effective defense can be established for Jack and, knowing that Johnson's vote would be crucial to defeating the limited funding bill, offers to represent Jack at No charge. Johnson eagerly agrees. Is Johnson subject to discipline for accepting Lawyer's offer?
No, because Lawyer did Not state that he expected Johnson to oppose the restrictive funding bill in return for Lawyer representing Jack.
Yes, only if he knew or it was obvious that Lawyer's offer was intended to influence improperly his action as a public official.
No, unless he reasonably should have known that Lawyer's offer was intended to influence improperly his action as a public official.
Yes, only if he knew that Lawyer's offer was intended to influence improperly his action as a public official.
Law Student has asked Lawyer to write a letter of recommendation to the board of bar examiners on his behalf Lawyer knows that Student has been convicted for embezzling funds at his previous job. Student has stated in the application that he has not been convicted of any crime. Which of the following statements correctly describes the circumstances under which Lawyer may write the letter without being subject to discipline?
if he counsels Law Student to revise the application.
if he fails to disclose the embezzlement because he believes that Student has paid his debt to society.
if he fails to disclose the embezzlement, as long as the lawyer does Not discuss Student's honesty.
if he discloses the embezzlement.
Attorney represented Hamline, who was accused of the murder of Bacon. During the course of representing Hamline, Attorney was given a written confession from Hamline that he had killed Bacon. During trial, Hamline asked Attorney to put an alibi witness on the stand, but admitted to Attorney that the alibi witness would have to lie to exonerate Hamline. Attorney refused to call the alibi witness. Hamline was convicted by the jury and sentenced to life imprisonment, where he died two months later. Dawn has been appointed executor of Hamline's estate and has sued Attorney for malpractice for failing to call the alibi witness at Hamline's murder trial. May Attorney testify and introduce Hamline's confession at the malpractice trial?
Yes, because the attorney-client privilege terminates at death.
Yes, because an attorney may breach the confidences of the client to the extent necessary to defend himself when his conduct is called into question.
No, because the confession is protected by the attorney-client privilege.
No, because the confession is protected information, which an attorney may not ethically reveal.
Attorney Dee, who represents Defendant in a civil action, has offered to discuss settlement with Attorney Paul, who represents Plaintiff in the same action. Although Paul has been reasonable in past negotiations, in this instance he has refused to consider any settlement offer below the amount prayed for in the complaint. Dee believes Paul is acting unreasonably and arbitrarily in this instance. Dee should:
Communicate his beliefs to the presiding judge of the court in which the case is pending.
Communicate his beliefs to the local bar association.
Advise his client(Defendant) of his efforts and prepare for trial.