Attorney Discipline Cases: Ethical Dilemmas and Professional Responsibility, Exams of Law

Download Attorney Discipline Cases: Ethical Dilemmas and Professional Responsibility and more Exams Law in PDF only on Docsity! file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/fprf94.htm[1/23/2009 8:36:32 AM] Professional Responsibility Final Fall 94 Last 4 digits of SS # This is a two and a half hour exam in two parts. Part I is 25 questions, multiple choice and short answer, applying the Model Rules and the material on Attorney Client Privilege, each question counting one point -- closed book and rules. Part II is essay (50 points total) open book, rules and personal notes (no hornbooks, commercial outlines and the like). Pick up Part II when you turn in Part I. Do not spend more than fifty minutes on Part I. Honor Code. All academic endeavors are governed by the College of Law Honor Code, which prohibits cheating on examinations. The Honor Code requires any student observing cheating to report the matter. Failure to report cheating is a violation of the Honor Code. General Instructions for Part I l) 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 file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/fprf94.htm[1/23/2009 8:36:32 AM] 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 . 1. Lawyer has been retained by the officers of Amalgamated Finishers and Pattern workers Union, Local 453, to draft a new set of bylaws for the local. Lawyer strongly disagrees with one of the provisions the officers want included in the new bylaws. The provision would deny members of the local the right to vote on some issues that involve the expenditure of union funds. Although Lawyer believes that the provision is lawful and consistent with the national union charter, she believes it would be unwise and inconsistent with the best interests of the members of the local. If the union can obtain other counsel without serious loss, may Lawyer withdraw from the matter a)Yes, but only if she obtains the consent of her client. b)Yes, if her client insists on her doing something that she considers to be imprudent or repugnant. c)No, because she is obliged to carry out the lawful objectives of her client. d)No, unless her client has breached the agreement under which she agreed to perform the work. 2. A congressional investigating committee subpoenaed certain file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/fprf94.htm[1/23/2009 8:36:32 AM] 4 After Client was injured in a car wreck, he was treated in the hospital for twelve days by Physician; she billed him $7,500 for her medical services. The wreck put Client out of work, and he had no way to pay Physician's bill. He hired Attorney to sue the person who caused the wreck; in a written fee agreement, Attorney promised to do the work for a contingent fee. Attorney decided that Physician would make a good expert witness in the case. Attorney and Client agreed that Attorney would lend Client $7,500 to pay Physician's medical bill and that Attorney would advance the money needed to pay Physician at her hourly rate for the time she spent preparing to testify and testifying as an expert witness. Client agreed to pay back Attorney at the conclusion of the Case. i) Attorney is subject to discipline for agreeing to lend Client the $7,500. ii) Attorney is subject to discipline for participating in an agreement to pay a witness for giving testimony. iii) Attorney is subject to discipline for agreeing to advance the money needed to pay Physician's expert witness fee. None of the above. (i) and (iii). (i) only. All of the above. 5. On June 1st, Client hired attorney Attorney to sue defendant Degan for securities fraud. Client and Attorney realized that the complaint would have to be filed by September 15th to be within the statute of limitations. Attorney was very busy with other matters. Starting in mid-August, Client telephoned Attorney every few days to see what progress Attorney was making. Attorney repeatedly assured Client that he was assembling the file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/fprf94.htm[1/23/2009 8:36:32 AM] facts and preparing preliminary drafts of the complaint, but in truth Attorney was doing nothing on the case. On September 10th, Client learned from Attorney's secretary that Attorney had still not started to work on the case. At that point, Client fired Attorney and hired a different lawyer who was able to get the complaint on file by September 15th. Although Attorney did not charge Client any fee, Client reported the matter to the state bar. Which of the following is most nearly correct? a) If Attorney would have been able to complete the necessary work by September 15th, his conduct was proper. b) Since Client suffered no damage due to Attorney's delay, Attorney's conduct was proper. c) Even though Client suffered no damage due to Attorney's delay, Attorney is liable for malpractice. d) Attorney is subject to discipline for neglecting Client's case and for lying to Client about the status of the matter. 6. Client has retained Lawyer to represent her in divorce proceedings instituted by Client's husband. Client has moved out of the family home and is living in a distant town; she no longer sees her husband or their children. Client tells Attorney in confidence that, before the separation, she had been physically abusing the children. A state statute requires physicians and psychotherapists to report to the police all suspected cases of child abuse. The statute makes no mention of attorneys. Which of the following is most nearly correct? file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/fprf94.htm[1/23/2009 8:36:32 AM] a) If Attorney reports the child abuse to the police, he will be subject to discipline. b) Attorney may report the child abuse to the police if he believes that the interests of justice will be served by doing so. c) Attorney must report the child abuse to the police, because the state policy favors the protection of children. d) Attorney must report the child abuse to the police, because child abuse is a crime that may result in death or serious bodily injury. 7. Attorney Arlington is a young associate in the firm of Smith & Black. He is assisting senior partner Black in the discovery phase of a case in which the court has ordered Black's client to produce certain documents. Black asked Arlington to study the court order, to review several boxes of documents sent over by the client, and to decide which documents must be produced. Arlington did the work and presented his conclusions to Black. Black and Arlington disagree about one group of documents. Black maintains that the court order does not require them to be produced, but Arlington insists that a fair reading of the court order does require them to be produced. The two attorneys agree that the question is a close one, but each is convinced that the other is incorrect. Which of the following is most nearly correct? a) If Arlington gives in to Black's point of view, Arlington will be subject to discipline, since an attorney must not hold back what a court has ordered to file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/fprf94.htm[1/23/2009 8:36:32 AM] a) All of the above. b) (ii) and (iii) only. c) (ii) only. d) ( iii . 10. Lawyer represented clients Clark and Craddock who were the sole partners in a business joint venture. In that connection, Clark and Craddock met frequently with Lawyer to discuss confidential matters relating to the business. One day Clark alone came to Lawyer's office. Before Lawyer could stop him, Clark disclosed that he had usurped a business opportunity that properly belonged to the joint venture. Lawyer informed Clark that she could not advise him on that topic. Further Lawyer promptly withdrew as counsel to Clark and Craddock. Ultimately Craddock sued Clark for the usurpation. Craddock's lawyer subpoenaed Lawyer to testify at a deposition about the statements Clark made to Lawyer. At the deposition Clark's lawyer asserted the attorney-client privilege on Clark's behalf. Ultimately the court ordered Lawyer to disclose what Clark said. Which of the following is most nearly correct? a) It was proper for Lawyer to withdraw as counsel to Clark and Craddock. Further, Lawyer must disclose what Clark said. b) It was proper for Lawyer to with draw as counsel to Clark and Craddock. However, Lawyer will be subject to discipline if she discloses what Clark said. c) Lawyer is subject to discipline for withdrawing as counsel to Clark and Craddock. Further, Lawyer will be subject to discipline if she discloses what Clark said. file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/fprf94.htm[1/23/2009 8:36:32 AM] d) Even if Lawyer believes that the court order is correct, she must refuse to disclose what Clark said. 11. Client asked attorney to prepare some legal papers in connection with Client's proposed public sale of investment shares in a real estate venture. Lawyer advised Client that it would be a felony under state law to sell the shares without first registering them with the State Commissioner of Real Estate. Assume that a reasonable lay person would not realize, without a lawyer's advice, that this conduct would be criminal. When Client heard Lawyer's advice, he told Lawyer simply to abandon the project. Later Lawyer learned that Client went ahead and sold the shares to the public without registering them. Which of the following items are correct i) Since Client sought Lawyer's aid in committing a future crime, the attorney-client privilege does not cover the communications between them. ii) Lawyer must contact the State Commissioner of Real Estate and reveal what he told Client. iii) Lawyer may contact Client and urge him to take appropriate steps to rectify his wrong. iv) It would be proper for Lawyer not to tell any outsider about his communications with Client. a) (i), (ii), and (iii) only. b) (iii) and (iv) only. c) (ii) and (iii) only. d) (iv) only. 12. Attorney left the prosecutor's office after ten years to file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/fprf94.htm[1/23/2009 8:36:32 AM] open a criminal law practice specializing in DUI defense. For which of the following is the attorney subject to discipline: i) Incorporating as "DUI Defense P.S.C." and using that name on her business cards. ii) Charging her clients according to result--$1,000 for an acquittal and $200 for a guilty plea or conviction. iii) Telling prospective clients that she is a close friend and confidante of Judge Barnes, the judge who handles DUI cases (this is true). All of the above. (i) and (ii) but not (iii). (i) and (iii) but not (ii). (ii) and (iii) but not (i). 13. In his third year of law school, Frank worked for Attorney as a law clerk. Attorney fired Frank after Frank used the office computer to send pornographic messages over the Internet. Frank has now applied to take the bar and Attorney wants to know if he must report what he knows about Frank. Must Attorney report what he knows? Why or why not? 14. Attorney represented Paul, a new client, in a personal injury action without communicating the basis of the fee to Paul. The case was settled for $100,000. Attorney then told Paul the fee would be 1/3 ($33,000). When Paul protested Attorney told file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/fprf94.htm[1/23/2009 8:36:32 AM] judge relied on this testimony in dividing the assets of the parties. After the representation was over the brother told Attorney that Client in fact has a $50,000 interest in the business. a) Attorney must inform the judge of the false evidence on which the judge relied. b) Attorney may, but is not required to, tell the judge of the false evidence. c) Attorney must not inform the judge because the representation ended before he learned of the false testimony. d) Attorney must not inform the judge because the information is within the attorney client privilege. 19. Attorney represents Client who is seeking a divorce from Husband. On filing the divorce petition, Attorney submits an affidavit in support of an ex parte custody order for the couple's two young children; the affidavit asserts that Husband has struck Client in the presence of the children. The affidavit makes no mention of the fact, known to Attorney, that Client is a drug addict who has twice in the last six months partied overnight, leaving the children along in the house for as much as 24 hours. a) Attorney is subject to discipline for omitting the adverse information from the affidavit. b) Attorney is subject to discipline if, and only if, in response to the judge's question, she states she knows of no reason why the judge should not give temporary file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/fprf94.htm[1/23/2009 8:36:32 AM] custody to Client. c) Attorney is not subject to discipline because the adverse information is confidential information relating to the representation of Client. d) Attorney is not subject to discipline if Attorney in good faith believes that Client is a fit custodian for the children. 20. Jim asked his friend, Attorney, for help in filing a pro se bankruptcy. Attorney told Jim he would help in the preparation of the petition if Jim would agree not to sue him if a mistake was made. Accordingly Jim signed a "release from liability" in which he agreed not to make claim against Attorney for negligence. Attorney helped Jim prepare the petition and helped him ready his testimony for the hearing before the bankruptcy judge. The hearing went well and Jim received his discharge of indebtedness. He sent Attorney a basket of fruit and bottle of wine in gratitude. Attorney is subject to discipline for: i) assisting Jim in the unauthorized practice of law; ii) making an agreement prospectively limiting his liability to Jim; iii) accepting a gift from Jim all of the above (i) and (ii) but not (iii) (ii) only none of the above 21. Attorney A, a corporate lawyer, was approached by a neighbor who was charged with DUI) Attorney A referred the client to file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/fprf94.htm[1/23/2009 8:36:32 AM] Attorney B, who specializes in criminal law. Under what circumstances, if at all, may B split her fee with A? 22. Attorney A was approached by Sam who asked for assistance in filing a fraudulent claim for personal injuries. A refused the representation but referred Sam to Attorney B, whom he said was "good at that sort of thing." Sam obtained the services of Attorney B for the filing of the claim and obtained a large recovery from an insurance company. A met with the police and reported his conversation with Sam and the referral to B) i) A is subject to discipline for referring Sam to B; ii) A is subject to discipline for telling the police of his conversation with Sam and the referral to B a) both (i) and (ii) are correct b) (i) only is correct; c) (ii) only is correct; d) neither (i) nor (ii) is correct 23. On the facts of (22) assume that a grand jury investigating Attorney B subpoenaed A, who was willing to cooperate, to testify about Sam's claim and the referral to B) The judge should rule that A's testimony about his conversation with Sam is unprivileged for the following reasons: i) A waived the privilege when he told the police about the conversation; ii) A declined to represent Sam; iii) Sam sought A's help to perpetrate a fraud a) all of the above reasons;