Ethical Dilemmas in Legal Practice: A Case Study, Exams of Law

Download Ethical Dilemmas in Legal Practice: A Case Study and more Exams Law in PDF only on Docsity! file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/prfin00.htm[1/23/2009 9:09:02 AM] Professional Responsibility Final Spring 00 -- Fortune Last 4 digits of SS # ______________ Exam # _______________ This is a two and one/half hour exam. Closed book and rules. The first part is 20 questions, multiple choice and short answer, applying the Model Rules and the material on Attorney Client privilege, each question counting one point. The second part is three essays (50 points total).Quiz is 25 points; attendance, participation, etc. is 5 points. 1) Must or subject to discipline asks whether the conduct in question subjects the attorney to discipline under the Model Rules of Professional Conduct. 2) Should asks whether the conduct in question at least conforms to the level of conduct expected of an ethical attorney, as reflected in the rules and comments of the Model Rules of Professional Conduct. 3) May or it is proper asks whether the conduct in question is professionally appropriate in that it would not subject the attorney to discipline and is not inconsistent with the rules and comments of the Model Rules of Professional Conduct. It is intended that there be only one correct answer for each multiple choice question. If you feel that there are two correct answers, pick an answer and state your reasoning in the margin. Honor Code: This examination is being given on a number of dates. After taking the examination, do not discuss it with any student who has not taken the examination. The Honor Code prohibits unauthorized assistance, in addition to cheating. Remember that the Honor Code requires students to report cheating and unauthorized assistance. Multiple choice/short answer ( one point apiece) 1) Attorney Al told potential Client Charlie, whose case was pending before Judge Jones, "I know Judge Jones very well -- in fact I know some things about him he wouldn't want made public -- so when I talk he listens." Al is: a) subject to discipline file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/prfin00.htm[1/23/2009 9:09:02 AM] b) subject to discipline only if Client Charlie hires him c) not subject to discipline if what he told Charlie was true d) not subject to discipline 2) Client Charlie is represented by Attorney Ann. Charlie made a materially false statement during a deposition taken by Opposing Attorney Bob. At the time the statement was made, Ann did not know it was false. After the deposition was taken, Ann learned that the statement was false. Charlie refuses to correct the statement. What is Ann's obligation? 3) Would it make a difference in your analysis if the false statement were made in the course of private negotiations between Charlie and Bob's client? Why or why not? file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/prfin00.htm[1/23/2009 9:09:02 AM] the near future and wanted to know what countries would not extradite him to the United States for murder. Ronald knows that Italy will not extradite persons wanted for murder to the United States because of this country's position on the death penalty. Is Ronald subject to discipline if he gives this information to Henry? Why or why not? 8) Assume on the facts of (7) that Ronald gives the information to Henry, but declines Henry's request for Ronald to "be my lawyer when I do it." A) Ronald is subject to discipline if he reveals Henry's plan B) Ronald is subject to discipline if he does not reveal Henry's plan C) Ronald is not subject to discipline whether or not he reveals Henry's plan D) Ronald is under no obligation to preserve the confidences of Henry because he declined to represent Henry. 9) Assume on the facts of (7) that Henry murders his wife and flees to Italy. A grand jury subpoenas Ronald and the prosecutor asks him what information he gave to Henry. Ronald asserts the attorney client privilege. The judge should compel Ronald to answer because: file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/prfin00.htm[1/23/2009 9:09:02 AM] i) Henry used the information provided by Ronald to commit a crime ii) Only the client may assert the attorney client privilege iii) The attorney client privilege covers only statements by the client to the lawyer, and does not extend to statements by the lawyer to the client * * * A) For all of the above reasons B) (i) and (ii) C) (i) and (iii) D) (i) E) (ii) 10) Jill was badly hurt in an auto accident, couldn't pay her medical bills, and was without income. Jill asked Lawyer Laura to represent her against the driver who had injured her. Laura agreed that she would take the case on a contingent fee basis, advance the costs of litigation, and and pay Jill's medical and hospital bills and living expenses during the pendency of the action. Is Laura subject to discipline for this fee arrangement? file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/prfin00.htm[1/23/2009 9:09:02 AM] A) Yes B) Yes, unless Jill is required to repay Laura out of the recovery, if any C) No, if Jill is required to repay Laura regardless of the outcome D) No, if Jill is indigent E) No 11)While on vacation in State X, Attorney Ann, licensed in State X and State Y, skipped out on a hotel bill of $1200. Criminal charges were threatened and Ann eventually paid the bill. Is Ann subject to discipline? A) No, because she was not convicted of a crime B) No, because the matter arose outside of Ann's practice C) Yes, but only in State X D) Yes, in both States X and Y 12) Carla, a law student, worked as a clerk for Attorney Andy. In talking to witnesses, Carla represented herself to be a lawyer. Andy did not know that Carla had misrepresented herself until the litigation was over. Is Andy subject to discipline? file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/prfin00.htm[1/23/2009 9:09:02 AM] C) Yes, because there is a potential conflict which would become an actual conflict if the prosecutor offers Moe a deal D) Yes, because a lawyer may not represent co-defendants in a criminal case 16) Howard is a criminal defense lawyer who charged in a press conference that: 1) his client, Bill, was innocent of drug charges; 2) that Bill had been falsely accused of being a drug smuggler; and 3) that the real culprits were specified police officials who themselves were drug smugglers.. Howard's charges were made after Bill was arrested, and before the case went to trial. The state bar where Howard was licensed brought charges against him for unethical conduct, for prejudicing the parties right to a fair trial. Consistent with the First Amendment, A) Howard may be disciplined only if his statements were substantially likely to materially prejudice the state's ability to obtain a fair trial B).Howard may be disciplined because attorneys have no first amendment right to speak about the case after indictment C) Howard may not be disciplined unless his statements were knowingly false or made with reckless disregard as to truth or falsity D) Howard may not be disciplined because the disciplinary rule in question applies only to prosecutors 17) The XYZ corporation asked Attorney Al to prepare an offer to purchase the publicly held shares of stock in XYZ at $60 a share. The stock is trading for $50 a share. Al believes that the value of XYZ stock will jump when the offer becomes public. Assuming no violation of federal or state law, is Al subject to discipline if he buys XYZ stock before the offer is made public? file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/prfin00.htm[1/23/2009 9:09:02 AM] A) No, assuming that XYZ is not harmed by Al's purchase of the stock B) No, but only if XYZ consents to Al's actions C) Yes, because Al is using confidential information for private gain D) Yes, because Al is a lawyer, not a stockbroker 18) Clara hired Attorney Ann to represent her on a one third contingency basis in a sexual harassment claim against Employer Ed. Clara told Ann she wanted the case tried so she could tell the world what Ed had done to her. Ann estimated that the case was worth about $10,000 -- assuming the jury believed Clara. Ed badly wanted to settle the case and ultimately offered $150,000 in settlement -- fifteen times what Ann thought the case was worth. Clara rejected the settlement against Ann's strong advice because "it's the principle that counts" and "I want to see that S.O.B. squirm." Ann is considering a motion to withdraw. A) Ann must move to withdraw from the representation since she and Clara disagree about the settlement B) Ann may move to withdraw from the representation, but only if this can be accomplished without prejudice to Clara's case; C) Ann may move to withdraw from the representation if Ann believes Clara's objectives to be imprudent or repugnant, even if Clara might be harmed by the withdrawal. D) Ann may not move to withdraw 19) Client Carl sought advice from Attorney Abbie. Specifically, Carl told Abbie he was delinquent in his child support and asked Abbie to assist him in hiding his assets from his ex-wife. Abbie refused to represent Carl in this matter. A) Abbie is subject to discipline if she voluntarily tells the ex-wife what Carl is planning B) Carl's statements are protected by the attorney client privilege file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/prfin00.htm[1/23/2009 9:09:02 AM] C) Both (A) and (B) are true D) Neither (A) nor (B) is true 20) For may years Attorney Al has represented Claude, a wealthy antique collector. For several years Carl, who is clearly a competent person, has said he wanted to bequeath Al a collection of antique guns worth about $50,000. When Al pointed out that he could not write himself into a will, Carl replied, "Heck, I'll give them to you now. Bring your station wagon over tomorrow and we'll load them up." What would you advise Al to do? Essays 1) (10 points) Claude hired Ann to represent him because the police suspected him of murdering Susan, a young woman in his office. Claude was last seen with her at a restaurant about 10 pm on the night she was killed, and a number of people have told the police that they believe Susan and Claude, who is married, were having an affair, that Claude was trying to end. Claude's story - to the police and Ann, his attorney - is that he and his wife are happily married, that he and Susan had a platonic relationship, and he left her well and happy at her apartment at 10:30 on the night in question. In the mail, Ann received a package with no return address containing a number of photos of Claude and Susan in compromising situations -- embracing, coming out of motels, etc. Ann wants to know to do with the photos -- which she recognizes would undermine Claude's story -- and whether she should (must?) tell Claude about them. Also, how this turn of events affects the issue of Claude testifying. How would you advise her?