Legal Ethics: Conflicts of Interest and Representing Clients, Exams of Law

Download Legal Ethics: Conflicts of Interest and Representing Clients and more Exams Law in PDF only on Docsity! file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/qfprs97.htm[1/23/2009 8:48:01 AM] PROFESSIONAL RESPONSIBILITY QUIZ Spring 1997 LAST 4 DIGITS OF SS # This is a closed book/closed rules quiz for which you have one hour. Each question counts one point. May, May not, must and subject to discipline ask whether the conduct referred to or described in the question subjects the attorney to discipline under the ABA Model Rules of Professional Responsibility. 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. There is supposed to be only one correct answer for each question. If you feel that there are two correct answers, please pick an answer and state your reasoning briefly in the margin. There is no significance to the names -- the attorneys are usually "A" or a name beginning with A. 1. David was charged with misdemeanor assault on his girlfriend. David hired Attorney to defend the case. The fee arrangement called for an initial retainer of $500 (which was paid), an additional $500 payable in thirty days, and a bonus of $500 if the charges were dismissed or David acquitted. Attorney immediately put the $500 in her office account. Attorney obtained the police file and interviewed the officer who answered the domestic violence complaint. Attorney was prepared to try the case but, even after repeated requests, David did not make the second $500 payment as promised. Attorney thereafter moved the file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/qfprs97.htm[1/23/2009 8:48:01 AM] court to withdraw and David asked Attorney for the return of the first $500. Attorney refused to return the money and claimed that she had earned the $500. For which of the above is Attorney subject to discipline? i) Moving to withdraw without adequate grounds; ii) Refusing to return the $500 as demanded by David; iii) The fee arrangement with David All of the above B) (ii) and (iii) but not (l) C) (ii) only D) (iii) only E) None of the above 2) Attorney Adams represents Wilson in connection with the sale of Wilson's home. Young asked Adams to sue Wilson for injuries sustained in a slip and fall at Wilson's store. Young knows of Adams representation of Wilson in the property matter and has no objection to Adams's representation. Wilson, however, does not consent to be sued by Adams (or his firm) on behalf of Young. A) Neither Adams nor anyone in Adams' firm may represent Young in this matter. B) Adams may not represent Young but Baker, Adams' partner, may represent Young. file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/qfprs97.htm[1/23/2009 8:48:01 AM] 6) Wilson and Young has also hired Baker, who resigned her judgeship to become a partner at W & Y. While a judge, Baker presided over the Exxon/Oxon litigation. Exxon has moved to disqualify W & Y. Should the motion be granted? A) Yes, unless Baker is screened from the litigation, apportioned no part of the fee from it, with written notice given to the court to ascertain compliance; B) Yes, because Baker participated personally and substantially in the litigation; C) No, because Baker owes no duty of confidentiality or loyalty to Exxon; D) No, unless Baker negotiated for employment with W & Y while presiding over the case. 7) Brown asked his friend, Attorney Adams, for help in filing a pro se bankruptcy petition. Adams told Brown he would help in the preparation of the petition if Brown would agree not to sue him if a mistake was made. Brown said "okay." Accordingly Brown signed a "release from liability" in which he agreed not to make any claim against Adams for mistakes in the petition. Adams helped Brown prepare the petition and helped him ready his testimony for the hearing before the bankruptcy judge. The hearing went well and Brown received his discharge of indebtedness. He sent Adams a basket of fruit and bottle of wine in gratitude. Adams is subject to discipline for: i) assisting Brown in the unauthorized practice of law; file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/qfprs97.htm[1/23/2009 8:48:01 AM] ii) making an agreement prospectively limiting his liability to Brown; iii) accepting a gift from Brown. A) All of the above B) (i) and (ii) but not (iii) C) (ii) only D) (i) only E) None of the above 8)Attorney A was approached by Sam who asked for assistance in filing an admittedly fraudulent claim for personal injuries. A refused the representation but referred Sam to Attorney B, who, A said "has no scruples against filing false claims." 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; file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/qfprs97.htm[1/23/2009 8:48:01 AM] D) Neither (i) nor (ii) is correct 9) Attorney A sued the Toxichem Company on behalf of a class of people who drew water from wells near the Toxichem plant. A agreed to finance the litigation -- that is pay all the costs with no obligation on the part of the members of the class to repay the costs in the event the case was lost. The case was certified as a class action. The cost of the litigation (approximately $100,000) was shared 50/50 by A's firm and the Environmental Defense Fund. The class representatives were aware of the cost and the involvement of the EDF. Toxichem then offered to install pollution control measures and pay $1,000,000 in damages on the condition that A and his firm file no more environmental suits against Toxichem. A believed the settlement was in the best interest of the class and accepted the settlement offer with the consent of the class representatives. A is subject to discipline: i) for financing the litigation since members of the class had no responsibility for the costs; ii) allowing a third party to finance part of the litigation costs; iii) agreeing to a restriction on his right to sue Toxichem. * * * A) All of the above C) (iii) only file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/qfprs97.htm[1/23/2009 8:48:01 AM] the farm at $100,000. Barnes bought Carl's share of the farm for $60,000. Two years later Barnes asked Al to represent him in the sale of the farm to Douglas for $500,000. Bill presented an appraisal from Realtor Smith valuing the farm at $500,000. When Al questioned Barnes about this he admitted that he had forged the earlier appraisal, and Smith confirmed the accuracy of the $500,000 appraisal. Barnes refuses to tell his brother about the fraud and wants Al to go forward with the deal and keep his mouth shut. Al does not wish to represent Barnes further, even though Barnes claims he will be prejudiced by the delay in finding counsel. Applying the Model Rules, A) Al must withdraw from further representation of Barnes; B) Al may withdraw from representation of Barnes even though Barnes will be prejudiced from the withdrawal; C) Al may not withdraw from the representation if to do so will prejudice Barnes; D) Al may not withdraw from the representation. 14) On the facts of (13) Al is considering telling brother Carl that Barnes forged the appraisal which was used in the sale of the farm. Applying the Model Rules, A) Al must tell Carl of the fraud; B) Al may, but is not required to, tell Carl of the fraud; C) Al may not tell Carl of the fraud without Barnes consent. 15) Attorney Andrews is an associate in the 100 person firm of file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/qfprs97.htm[1/23/2009 8:48:01 AM] Juste and Wright. Andrews is assisting senior partner Black in connection with a complex case. Andrews believed that it would be improper to refuse to turn over certain client documents by claiming the attorney-client privilege. Black believed otherwise and directed Andrews to withhold the documents. Andrews and Black agree that the question is a close one, but each attorney is convinced that the other is incorrect. Which of the following is most nearly correct? A) If Andrews gives in to Black's point of view, she will be subject to discipline since an attorney must follow her independent judgment in handling a client's case; B) Since the point is a debatable one, Andrews may accede to Black's point of view; C) Since the issue is merely a discovery dispute neither Black nor Andrews is subject to discipline; D) Andrews is not subject to discipline for acceding to Black's point of view since a subordinate attorney can always accede to a superior's direction. 16) Wilson asked his lawyer, Attorney Able of the firm of Able and Baker, for assistance in the sale of a farm. Wilson told Able in strictest confidence that he needed to sell quickly to cover his son's gambling debts. On the same day Young contacted her attorney, Baker of the firm of Able and Baker, for help in acquiring the Wilson farm for development purposes. Young told Baker in strictest confidence that she wanted to acquire the farm because Toyota was about to purchase the adjacent farm for a file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/qfprs97.htm[1/23/2009 8:48:01 AM] major factory. Assume that later that day Able and Baker talk. Which of the following is most nearly correct? A) Able and Baker may represent Young and Wilson so long as Able and Baker do not divulge their respective clients' confidences to each other; B) Able and Baker may represent both clients so long as they both consent to the representation; C) Able and Baker may represent either Wilson or Young, but not both; D) Able and Baker should decline to represent either Wilson or Young 17) Attorney Askew is house counsel to the Bendit Corporation. Carl works for Bendit and is Paula's supervisor. Paula filed a complaint with Bendit's personnel manager; the complaint alleged that Carl made unwanted sexual advances to Paula. Askew has been asked to investigate the matter. To the best of Askew's knowledge neither Carl nor Paula has an attorney. Which of the following are correct? i) Askew may not interview Paula since her interests are adverse to Bendit; ii) Askew may interview Carl, but only if Askew makes it clear that he represents Bendit and Bendit will decide what to do with the information obtained by Askew; iii) Askew may request Carl to refrain from talking to Paula file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/qfprs97.htm[1/23/2009 8:48:01 AM] A) Ann is subject to discipline for in-person solicitation; B) Ann is subject to discipline for in-person solicitation unless her representation of Bob is pro bono; C) Ann is not subject to discipline because the solicitation was by phone rather than in person; D) Ann is not subject to discipline because Bob and Mary are family members. 21) On the facts of (20) Ann said a number of things to persuade Mary that she could adequately represent Bob. Which of the following would subject her to discipline: i) "I've won 90% of the cases I've handled" (her conviction rate as a prosecutor was 90%, counting guilty pleas and guilty verdicts); ii) "Judge Smith owes me a favor"(Judge Smith is assigned to the case; Ann has a good relationship with him); iii) "I'll guarantee he won't be convicted." A) All of the above; B) (i) and (ii); C) (i) and (iii); D) (i) only; E) (iii)only. file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/qfprs97.htm[1/23/2009 8:48:01 AM] 22) Assume on the facts of (20) that Mary hired Ann to represent Bob. The fee was $500 which Mary paid. Mary asked Ann to let her know "what Bob says he did." i) Ann is subject to discipline for allowing her fee to be paid by a third party; ii) Ann is subject to discipline for representing a family member; iii) Ann is subject to discipline if she tells Mary what Bob says without Bob's consent. A) All of the above; B) (ii) and (iii); C) (ii) only; D) (iii) only; E) None of the above. 23) On July 1 Paul hired Attorney to handle a personal injury case; the statute of limitations would run on September 1. Attorney was busy with other matters and did not work on Paul's case. In mid-August Paul started calling Attorney's office daily to inquire about the case. Attorney repeatedly assured Paul that he was assembling facts and working on the complaint, but in fact he was doing nothing on the case. On August 25 Paul learned the true state of affairs from Attorney's secretary. He fired Attorney and hired another lawyer who was able to get the suit filed by September 1. Though Paul had not paid Attorney any money file:///J|/Backups/WEB%20ARCHIVE/OLDSITE/Full%20Jan%2030%202008/exams/Content/qfprs97.htm[1/23/2009 8:48:01 AM] he reported the matter to the state bar. A) Attorney is subject to discipline for his conduct: B) If Attorney had been able to get the suit filed by September 1 he would not be subject to discipline; C) Attorney is not subject to discipline because he received no fee from Paul; D) Attorney is not subject to discipline because Paul suffered no financial loss as a result of Attorney's actions. 24) Bank hired Attorney Angela to write wills and trusts for bank customers. Bank customers seeking assistance in estate planning were referred to Angela who advised them and prepared the necessary documents for the customers' signatures. Angela received a salary from the Bank and could have a side practice with the Bank's consent. Customers were aware that Angela was a bank employee and they were not charged for Angela's services. A) Angela is subject to discipline for assisting Bank in the practice of law; B) Angela is subject to discipline because she agreed to a restriction on her right to practice; C) Angela is subject to discipline because the conflict between the Bank and its customers was non-consentable; D) Angela is not subject to discipline so long as the customers gave informed consent to Angela for the