Podcast
Questions and Answers
PROBLEM 45
A lawyer represents Miss Scarlett, who was charged with committing a murder in the conservatory. The murder weapon had not yet been found. In a meeting with her lawyer while on bail, Miss Scarlett proclaimed that she was “becoming frantic that the detectives might get their hands on that revolver” and that she was “determined to get rid of it tonight by throwing it into the incinerator.” When Miss Scarlett left, her lawyer dialed up the police and revealed his client’s plan. The police followed Miss Scarlett that night, arresting her and recovering the revolver just before she destroyed it.
PROBLEM 45 A lawyer represents Miss Scarlett, who was charged with committing a murder in the conservatory. The murder weapon had not yet been found. In a meeting with her lawyer while on bail, Miss Scarlett proclaimed that she was “becoming frantic that the detectives might get their hands on that revolver” and that she was “determined to get rid of it tonight by throwing it into the incinerator.” When Miss Scarlett left, her lawyer dialed up the police and revealed his client’s plan. The police followed Miss Scarlett that night, arresting her and recovering the revolver just before she destroyed it.
PROBLEM 46
A solo practitioner recently endured a stroke and, upon the advice of his physician, is taking a break from work for six months. Because there are upcoming deadlines and hearings on a number of his cases, he transfers his client files to a small firm in the area whose lawyers he knows to be exceptionally skilled. The lawyer at the firm who agrees to take over the solo practitioner’s work for the time being assures him that he will review each file promptly, take any action necessary to protect each client’s interests, and treat the information in each file as confidential. The solo practitioner then reached out to his clients, informing them about this arrangement and emphasizing that they could of course find another lawyer for the time being too. The lawyer at the firm ran a conflicts check before reviewing any of the files to ensure that there were no adverse interests between current and new clients, and indeed there were none.
Did the solo practitioner behave properly?
PROBLEM 46
A solo practitioner recently endured a stroke and, upon the advice of his physician, is taking a break from work for six months. Because there are upcoming deadlines and hearings on a number of his cases, he transfers his client files to a small firm in the area whose lawyers he knows to be exceptionally skilled. The lawyer at the firm who agrees to take over the solo practitioner’s work for the time being assures him that he will review each file promptly, take any action necessary to protect each client’s interests, and treat the information in each file as confidential. The solo practitioner then reached out to his clients, informing them about this arrangement and emphasizing that they could of course find another lawyer for the time being too. The lawyer at the firm ran a conflicts check before reviewing any of the files to ensure that there were no adverse interests between current and new clients, and indeed there were none.
Did the solo practitioner behave properly?
PROBLEM 47
An attorney represents a couple who developed a multilevel marketing scheme to sell kits for sculpting and maintaining pet rocks. The attorney assisted them with the incorporation process and consults with them periodically regarding various financial and consumer regulations. One day, the attorney read an email inadvertently sent to him from one of his clients. It was addressed to the other client and detailed a series of credit card scams that they were going to initiate imminently. The scams were based on some of the advice that the attorney had given to his clients in the course of running their company, and the attorney was reasonably certain that victims of the scam would lose thousands of dollars. In order to warn the general public, the attorney took a screenshot of the entire email and posted it on multiple social media sites along with his clients’ name and address and a brief explanation of how they had used his services.
Is the attorney subject to discipline?
PROBLEM 47
An attorney represents a couple who developed a multilevel marketing scheme to sell kits for sculpting and maintaining pet rocks. The attorney assisted them with the incorporation process and consults with them periodically regarding various financial and consumer regulations. One day, the attorney read an email inadvertently sent to him from one of his clients. It was addressed to the other client and detailed a series of credit card scams that they were going to initiate imminently. The scams were based on some of the advice that the attorney had given to his clients in the course of running their company, and the attorney was reasonably certain that victims of the scam would lose thousands of dollars. In order to warn the general public, the attorney took a screenshot of the entire email and posted it on multiple social media sites along with his clients’ name and address and a brief explanation of how they had used his services.
Is the attorney subject to discipline?
PROBLEM 56
A defendant in a personal injury action made a confidential communication to their attorney concerning the circumstances of the bar fight in question. Later, at trial, the defendant’s attorney conducted direct examination of the defendant, who testified about the bar fight. When the plaintiff’s lawyer began his cross-examination of the defendant, he asked whether the defendant’s testimony was consistent with the account they previously gave to their attorney in confidence. The defendant’s attorney objected that the conversation was privileged, and the plaintiff’s lawyer insisted that the defendant had waived privilege.
Who was correct?
PROBLEM 56
A defendant in a personal injury action made a confidential communication to their attorney concerning the circumstances of the bar fight in question. Later, at trial, the defendant’s attorney conducted direct examination of the defendant, who testified about the bar fight. When the plaintiff’s lawyer began his cross-examination of the defendant, he asked whether the defendant’s testimony was consistent with the account they previously gave to their attorney in confidence. The defendant’s attorney objected that the conversation was privileged, and the plaintiff’s lawyer insisted that the defendant had waived privilege.
Who was correct?
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PROBLEM 58
Several years ago, JJ consulted a lawyer to obtain advice on how to establish nonprofit organizations. The lawyer in turn asked JJ to underwrite a music festival business that the lawyer and other lawyer colleagues were starting. JJ was amused by the idea and agreed, providing more than half of the funding for the enterprise. Unbeknownst to JJ, the music festival business was merely a scam to defraud would-be festival goers, and the lawyers concealed all information about the operations of the “business” from JJ.
Eventually the scam was found out, and some of the lawyers involved were convicted of various crimes and imprisoned. JJ managed to avoid being charged with any crimes. JJ’s former lawyer has since stopped practicing law. JJ is now being sued by a business competitor in an unrelated matter, and at trial his competitor’s lawyer begins to ask what advice JJ received from his former lawyer about establishing nonprofit organizations.
If JJ’s new lawyer objects to the opposing party’s line of questioning, will the court sustain the objection?
PROBLEM 58
Several years ago, JJ consulted a lawyer to obtain advice on how to establish nonprofit organizations. The lawyer in turn asked JJ to underwrite a music festival business that the lawyer and other lawyer colleagues were starting. JJ was amused by the idea and agreed, providing more than half of the funding for the enterprise. Unbeknownst to JJ, the music festival business was merely a scam to defraud would-be festival goers, and the lawyers concealed all information about the operations of the “business” from JJ.
Eventually the scam was found out, and some of the lawyers involved were convicted of various crimes and imprisoned. JJ managed to avoid being charged with any crimes. JJ’s former lawyer has since stopped practicing law. JJ is now being sued by a business competitor in an unrelated matter, and at trial his competitor’s lawyer begins to ask what advice JJ received from his former lawyer about establishing nonprofit organizations.
If JJ’s new lawyer objects to the opposing party’s line of questioning, will the court sustain the objection?
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PROBLEM 63
An attorney represented a client charged with murder. The client was ultimately convicted and is now serving a life sentence in prison. Nearly a decade has gone by, and the attorney visits her now former client in prison. At one point in their conversation, the former client says, “Thank goodness they didn’t find out about that other murder I did in Colorado. If they found me guilty for that one too, they’d put me on death row.” The attorney asks her former client for more details about the killing, and the former client obliges. The attorney then researches the killing and learns that someone else has been convicted for that crime and is on death row awaiting execution. The attorney discloses to the authorities what her former client told her, the person convicted of the second crime is released, and her former client is found guilty of that crime and sentenced to death.
Was the attorney’s conduct proper?
PROBLEM 63
An attorney represented a client charged with murder. The client was ultimately convicted and is now serving a life sentence in prison. Nearly a decade has gone by, and the attorney visits her now former client in prison. At one point in their conversation, the former client says, “Thank goodness they didn’t find out about that other murder I did in Colorado. If they found me guilty for that one too, they’d put me on death row.” The attorney asks her former client for more details about the killing, and the former client obliges. The attorney then researches the killing and learns that someone else has been convicted for that crime and is on death row awaiting execution. The attorney discloses to the authorities what her former client told her, the person convicted of the second crime is released, and her former client is found guilty of that crime and sentenced to death.
Was the attorney’s conduct proper?
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PROBLEM 64
Gemma has been representing a modern art museum in a contract dispute with a natural history museum regarding objects in their collections that they would like to share. A month ago, an art lover asked Gemma to represent him in a lawsuit against the modern art museum for its role in a slip-and-fall accident. The contract dispute and the slip-and-fall dispute have no common issues of law or fact. Because Gemma reasonably believed that she could competently represent the clients in each matter, she agreed to represent the art lover and began work on his case.
Is Gemma subject to discipline?
PROBLEM 64
Gemma has been representing a modern art museum in a contract dispute with a natural history museum regarding objects in their collections that they would like to share. A month ago, an art lover asked Gemma to represent him in a lawsuit against the modern art museum for its role in a slip-and-fall accident. The contract dispute and the slip-and-fall dispute have no common issues of law or fact. Because Gemma reasonably believed that she could competently represent the clients in each matter, she agreed to represent the art lover and began work on his case.
Is Gemma subject to discipline?
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PROBLEM 70
A TV star interested in bring an employment lawsuit sought to hire an attorney who litigated complex real estate disputes. The attorney reasonably believed that he could study up on employment law enough to provide competent representation. Because he lacked sufficient insurance to cover any malpractice, the attorney asked the TV star to sign an agreement capping any potential malpractice liability at $10 million. Agreements limiting legal liability are not prohibited in the jurisdiction. In an early phone call, the attorney carefully explained the proposed retainer agreement to the TV star. Then the attorney emailed the TV star, advising her to seek independent counsel before signing the retainer agreement and offered a reasonable amount of time to do so, but the TV star responded that she trusted the attorney and did not feel it necessary to pay for a second lawyer. Thereafter, the attorney and the TV star executed the retainer agreement.
Was the attorney’s conduct proper?
PROBLEM 70
A TV star interested in bring an employment lawsuit sought to hire an attorney who litigated complex real estate disputes. The attorney reasonably believed that he could study up on employment law enough to provide competent representation. Because he lacked sufficient insurance to cover any malpractice, the attorney asked the TV star to sign an agreement capping any potential malpractice liability at $10 million. Agreements limiting legal liability are not prohibited in the jurisdiction. In an early phone call, the attorney carefully explained the proposed retainer agreement to the TV star. Then the attorney emailed the TV star, advising her to seek independent counsel before signing the retainer agreement and offered a reasonable amount of time to do so, but the TV star responded that she trusted the attorney and did not feel it necessary to pay for a second lawyer. Thereafter, the attorney and the TV star executed the retainer agreement.
Was the attorney’s conduct proper?
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PROBLEM 71
A cattle rancher asked attorney Ike to represent her in a lawsuit for damages against a flag manufacturer that had recently diverted a nearby river. The rancher could not afford Ike’s usual hourly rate, as she had lost a substantial number of her cattle to flooding caused by the river diversion. Instead, therefore, she offered to pay Ike 25% of her recovery from the lawsuit. Ike agreed to the rancher’s proposal and memorialized the terms in a written agreement, which Ike and the rancher then signed. Ike did not advise the rancher of the desirability of hiring independent counsel in making this contract, and the rancher was not represented when signing the agreement. After several years of litigation, the rancher won the lawsuit. Ike concluded the representation and was paid his 25% of the recovery, as agreed. Having grown close to each other over the course of the litigation, the rancher and Ike then started up a relationship, which for them meant dating, sex, and eventual engagement.
Which of the following is true?
PROBLEM 71
A cattle rancher asked attorney Ike to represent her in a lawsuit for damages against a flag manufacturer that had recently diverted a nearby river. The rancher could not afford Ike’s usual hourly rate, as she had lost a substantial number of her cattle to flooding caused by the river diversion. Instead, therefore, she offered to pay Ike 25% of her recovery from the lawsuit. Ike agreed to the rancher’s proposal and memorialized the terms in a written agreement, which Ike and the rancher then signed. Ike did not advise the rancher of the desirability of hiring independent counsel in making this contract, and the rancher was not represented when signing the agreement. After several years of litigation, the rancher won the lawsuit. Ike concluded the representation and was paid his 25% of the recovery, as agreed. Having grown close to each other over the course of the litigation, the rancher and Ike then started up a relationship, which for them meant dating, sex, and eventual engagement.
Which of the following is true?
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PROBLEM 72
An attorney represented a client in a litigation matter, and while the matter was still pending, the attorney and the client also agreed to purchase an investment property together. The client had another lawyer who regularly represented the client in transactional matters, but not litigation. The litigation attorney and the client contributed equal amounts toward the purchase of the investment property, and each received an equal share. The attorney did not advise the client in writing of the desirability of obtaining the opinion of independent legal counsel in the transaction, but the client nevertheless asked his other lawyer, who handled the client’s transactional matters, to review the terms and render an opinion. The other lawyer provided the client with a written disclosure of the terms and conditions of the agreement and recommended that the client proceed.
Did the litigation attorney act properly in this transaction, purchasing an investment property with the client?
PROBLEM 72
An attorney represented a client in a litigation matter, and while the matter was still pending, the attorney and the client also agreed to purchase an investment property together. The client had another lawyer who regularly represented the client in transactional matters, but not litigation. The litigation attorney and the client contributed equal amounts toward the purchase of the investment property, and each received an equal share. The attorney did not advise the client in writing of the desirability of obtaining the opinion of independent legal counsel in the transaction, but the client nevertheless asked his other lawyer, who handled the client’s transactional matters, to review the terms and render an opinion. The other lawyer provided the client with a written disclosure of the terms and conditions of the agreement and recommended that the client proceed.
Did the litigation attorney act properly in this transaction, purchasing an investment property with the client?
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PROBLEM 77
Rita once worked as an associate at a law firm. During her time there, she conducted legal research on monopoly and antitrust, producing memos that associates on various case teams used to inform their own work. One of the firm’s cases, on which Rita did not work and about which she learned no material confidential information, involved defending a company that was being sued by the state attorney general on antimonopoly grounds. Attorneys in the case relied on Rita’s research. After a few years, Rita left the firm and took a position in the attorney general’s office, where she was assigned to work on that same case. Before beginning work on the matter, Rita obtained informed consent, confirmed in writing, from her former firm’s client by reaching out to her former supervisor. But she did not obtain informed consent, confirmed in writing, from the attorney general’s office.
Is Rita subject to discipline?
PROBLEM 77
Rita once worked as an associate at a law firm. During her time there, she conducted legal research on monopoly and antitrust, producing memos that associates on various case teams used to inform their own work. One of the firm’s cases, on which Rita did not work and about which she learned no material confidential information, involved defending a company that was being sued by the state attorney general on antimonopoly grounds. Attorneys in the case relied on Rita’s research. After a few years, Rita left the firm and took a position in the attorney general’s office, where she was assigned to work on that same case. Before beginning work on the matter, Rita obtained informed consent, confirmed in writing, from her former firm’s client by reaching out to her former supervisor. But she did not obtain informed consent, confirmed in writing, from the attorney general’s office.
Is Rita subject to discipline?
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PROBLEM 85
An environmental lawyer, working pro bono, attended community meetings in several rural communities to find plaintiffs for a lawsuit challenging the state’s failure to enforce anti-pollution regulations against a local flag manufacturer. The lawyer spoke face-to-face with many community members whose lands he knew were affecteSome community members agreed to be plaintiffs; others declined, and the lawyer promptly ended his conversations with them. The lawyer also spoke with several local attorneys whose properties were affected; when some of them told the lawyer that they were not interested in becoming plaintiffs, the lawyer redoubled his efforts, returning to them with even more details about the planned lawsuit, and tried to convince them to become plaintiffs for the good of the community. The lawyer was able to convince a few of the attorneys to change their minds.
Which of the following is most accurate?
PROBLEM 85
An environmental lawyer, working pro bono, attended community meetings in several rural communities to find plaintiffs for a lawsuit challenging the state’s failure to enforce anti-pollution regulations against a local flag manufacturer. The lawyer spoke face-to-face with many community members whose lands he knew were affecteSome community members agreed to be plaintiffs; others declined, and the lawyer promptly ended his conversations with them. The lawyer also spoke with several local attorneys whose properties were affected; when some of them told the lawyer that they were not interested in becoming plaintiffs, the lawyer redoubled his efforts, returning to them with even more details about the planned lawsuit, and tried to convince them to become plaintiffs for the good of the community. The lawyer was able to convince a few of the attorneys to change their minds.
Which of the following is most accurate?
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PROBLEM 86
A recent law school graduate was admitted to the bar and decided to start a solo practice focused on landlord–tenant matters. The lawyer had not yet appeared in court and worked exclusively on transactional matters during their summer jobs, and they had no client base yet. To get the word out about their practice, therefore, the lawyer hired a website designer to create an attention-getting website. The designer ultimately created a website that featured numerous images of the lawyer wearing a superhero cape and performing superhuman feats, like lifting a house from its foundations and flying through the air. In addition to the superhero scenes, images on the website showed the lawyer arguing before a judge and jury as well as celebrating with clients at a press conference on the courthouse steps. The website also featured prominent text saying that the lawyer specialized in landlord–tenant law. The lawyer paid the website designer for her work advertising the lawyer’s services and then began to use the website.
Which of the following is most accurate?
PROBLEM 86
A recent law school graduate was admitted to the bar and decided to start a solo practice focused on landlord–tenant matters. The lawyer had not yet appeared in court and worked exclusively on transactional matters during their summer jobs, and they had no client base yet. To get the word out about their practice, therefore, the lawyer hired a website designer to create an attention-getting website. The designer ultimately created a website that featured numerous images of the lawyer wearing a superhero cape and performing superhuman feats, like lifting a house from its foundations and flying through the air. In addition to the superhero scenes, images on the website showed the lawyer arguing before a judge and jury as well as celebrating with clients at a press conference on the courthouse steps. The website also featured prominent text saying that the lawyer specialized in landlord–tenant law. The lawyer paid the website designer for her work advertising the lawyer’s services and then began to use the website.
Which of the following is most accurate?
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Problem 87
Several decades ago, four attorneys formed a law partnership, originally named Arthur Getty White McClanahan, based on each of the founding attorneys’ surnames.
Over the years, a few associates that the firm hired became partners, but their names were not added to the firm name.
Just over a decade ago, attorneys Arthur and Getty died, and attorney McClanahan joined a different law firm as a partner.
In honor of the firm’s founding partners, however, attorney White and the firm’s newer partners continued to use the firm’s original name. Today, the website for Arthur Getty White McClanahan includes contact information only for the firm itself and not for any of its constituent lawyers.
Problem 87
Several decades ago, four attorneys formed a law partnership, originally named Arthur Getty White McClanahan, based on each of the founding attorneys’ surnames.
Over the years, a few associates that the firm hired became partners, but their names were not added to the firm name.
Just over a decade ago, attorneys Arthur and Getty died, and attorney McClanahan joined a different law firm as a partner.
In honor of the firm’s founding partners, however, attorney White and the firm’s newer partners continued to use the firm’s original name. Today, the website for Arthur Getty White McClanahan includes contact information only for the firm itself and not for any of its constituent lawyers.
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PROBLEM 93
A class of plaintiffs filed a civil rights action regarding a state’s prison dress and grooming policies, which they alleged disparately affected prisoners based on religion and on race. After several months of motion practice, and to avoid engaging in discovery, the state offered to provide almost all of the relief that the plaintiffs sought on the condition that the plaintiffs waive their rights to court-awarded attorneys’ fees under 42 U.S.§ 1988. The parties ultimately agreed to settle the case on these terms, and the court confirmed the settlement in a consent decree.
Several years later, the state’s new attorney general sought to invalidate the consent decree in order to enable the state to avoid implementing some of the settlement’s terms. The attorney general argued that the settlement upon which the consent decree was based was invalid, because it improperly included a waiver of court-awarded attorneys’ fees, undermining an important public policy of encouraging lawyers to represent civil rights claimants.
How will the court likely rule?
PROBLEM 93
A class of plaintiffs filed a civil rights action regarding a state’s prison dress and grooming policies, which they alleged disparately affected prisoners based on religion and on race. After several months of motion practice, and to avoid engaging in discovery, the state offered to provide almost all of the relief that the plaintiffs sought on the condition that the plaintiffs waive their rights to court-awarded attorneys’ fees under 42 U.S.§ 1988. The parties ultimately agreed to settle the case on these terms, and the court confirmed the settlement in a consent decree.
Several years later, the state’s new attorney general sought to invalidate the consent decree in order to enable the state to avoid implementing some of the settlement’s terms. The attorney general argued that the settlement upon which the consent decree was based was invalid, because it improperly included a waiver of court-awarded attorneys’ fees, undermining an important public policy of encouraging lawyers to represent civil rights claimants.
How will the court likely rule?
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PROBLEM 111
Rosasharn represented several farmworker clients in a lawsuit against their employer regarding injuries associated with the farm’s use of certain pesticides. During discovery, Rosasharn received an email from her clients’ employer addressed to someone with a similar email address to hers. Rosasharn read the entire email, which listed several former employees of the farm other than her clients who appeared to have knowledge of the farm’s use and selection of pesticides. She then forwarded the email to opposing counsel in the case and let him know that she had received this email out of the blue. Rosasharn tracked down the former farm employees and interviewed them, gaining valuable information that she was later able to use to bring about a favorable settlement for her clients.
Was Rosasharn’s conduct proper?
PROBLEM 111
Rosasharn represented several farmworker clients in a lawsuit against their employer regarding injuries associated with the farm’s use of certain pesticides. During discovery, Rosasharn received an email from her clients’ employer addressed to someone with a similar email address to hers. Rosasharn read the entire email, which listed several former employees of the farm other than her clients who appeared to have knowledge of the farm’s use and selection of pesticides. She then forwarded the email to opposing counsel in the case and let him know that she had received this email out of the blue. Rosasharn tracked down the former farm employees and interviewed them, gaining valuable information that she was later able to use to bring about a favorable settlement for her clients.
Was Rosasharn’s conduct proper?
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PROBLEM 117
A law school dean contacted a state supreme court judge who was an alumna of the law school to tell her that the school was recognizing her accomplishments with an award. The dean invited the judge to accept the award and to speak at the school’s annual fundraising dinner. The judge accepted the invitation, reasonably believing that her alma mater was not likely to have matters before her court and that she could always recuse herself if necessary. At the dinner, attended by many lawyers who practiced in the jurisdiction, the judge spoke at length about the importance of the rule of law and admonished lawyers in the audience to provide pro bono legal services. In bestowing the award, the law school gave the judge a one-of-a-kind onyx figurine worth several hundreds of dollars, which she reported in her annual disclosure of compensation and gifts received. After the event, the judge wrote letters to several lawyers whom she met during the dinner and encouraged them to donate to the law school.
How did the judge violate her professional duties?
PROBLEM 117
A law school dean contacted a state supreme court judge who was an alumna of the law school to tell her that the school was recognizing her accomplishments with an award. The dean invited the judge to accept the award and to speak at the school’s annual fundraising dinner. The judge accepted the invitation, reasonably believing that her alma mater was not likely to have matters before her court and that she could always recuse herself if necessary. At the dinner, attended by many lawyers who practiced in the jurisdiction, the judge spoke at length about the importance of the rule of law and admonished lawyers in the audience to provide pro bono legal services. In bestowing the award, the law school gave the judge a one-of-a-kind onyx figurine worth several hundreds of dollars, which she reported in her annual disclosure of compensation and gifts received. After the event, the judge wrote letters to several lawyers whom she met during the dinner and encouraged them to donate to the law school.
How did the judge violate her professional duties?
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An attorney is in the middle of discovery for a patent infringement trial.
Her client and the opposing party are longtime business rivals, and the opposing party has a reputation for engaging in shady, though not necessarily illegal, business practices.
The attorney has so far focused on conducting discovery regarding the central elements of her client’s patent infringement claim, and there has been no shortage of evidence to uncover or depositions to take.
One day, her client instructs her to conduct discovery into some of the opposing party’s shady business practices, explaining that the evidence uncovered will help to diminish the opposing party’s credibility at trial. The attorney agrees with her client that conducting this discovery will give them an advantage. But she works full days as it is, has other cases, and is concerned that pursuing the business practices evidence will detract from her efforts with respect to the patent infringement evidence. Thus, the attorney does not investigate the opposing party’s business practices, informs her client that she will not do so, and lets the pre-trial discovery deadline to pass.
Is the attorney subject to discipline?
An attorney is in the middle of discovery for a patent infringement trial.
Her client and the opposing party are longtime business rivals, and the opposing party has a reputation for engaging in shady, though not necessarily illegal, business practices.
The attorney has so far focused on conducting discovery regarding the central elements of her client’s patent infringement claim, and there has been no shortage of evidence to uncover or depositions to take.
One day, her client instructs her to conduct discovery into some of the opposing party’s shady business practices, explaining that the evidence uncovered will help to diminish the opposing party’s credibility at trial. The attorney agrees with her client that conducting this discovery will give them an advantage. But she works full days as it is, has other cases, and is concerned that pursuing the business practices evidence will detract from her efforts with respect to the patent infringement evidence. Thus, the attorney does not investigate the opposing party’s business practices, informs her client that she will not do so, and lets the pre-trial discovery deadline to pass.
Is the attorney subject to discipline?
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PROBLEM 29
Transactional lawyer Tom represents a client in a complex business merger. The parties contracted in advance to engage in good faith negotiations and that, if no agreement is reached within six months, either party can abandon the deal and cease negotiations.
Three months into the negotiations, the parties are close to a final agreement. Tom has conducted the negotiations without his client present, checking in with them from time to time. One day, the other party presents a detailed proposal that would resolve all remaining issues. The proposal would give each party most of what it wants while requiring a few concessions from each party. Tom calls his client immediately and gives a brief overview of the new proposal, summarizing what his client will gain and carefully explaining the bottom line, the final buyout price for the merger. The client gives Tom the go-ahead to consummate the agreement.
Could Tom be subject to discipline for his conduct in these negotiations?
PROBLEM 29
Transactional lawyer Tom represents a client in a complex business merger. The parties contracted in advance to engage in good faith negotiations and that, if no agreement is reached within six months, either party can abandon the deal and cease negotiations.
Three months into the negotiations, the parties are close to a final agreement. Tom has conducted the negotiations without his client present, checking in with them from time to time. One day, the other party presents a detailed proposal that would resolve all remaining issues. The proposal would give each party most of what it wants while requiring a few concessions from each party. Tom calls his client immediately and gives a brief overview of the new proposal, summarizing what his client will gain and carefully explaining the bottom line, the final buyout price for the merger. The client gives Tom the go-ahead to consummate the agreement.
Could Tom be subject to discipline for his conduct in these negotiations?
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PROBLEM 42
Malik is a certified specialist in trusts and estates law. He was recently retained by a couple and their 12-year-old child L.G. to prepare new estate planning documents making L.G. the sole heir to her parents’ property.
A few days ago, Malik learned that both of L.G.’s parents died. He immediately visited L.G., whose grandmother had moved in to look after her. Malik asked his sister, a music instructor who was good communicating with children, to join him in meetings with L.G., and he explained to L.G. who his sister is and that she had been apprised of and would comply with his professional obligations.
Malik helped L.G. and her grandmother to set up therapy sessions and to get their finances in order.
The new estate instruments that Malik had prepared for L.G.’s parents were valid and enforceable, but Malik had good reason to believe that some of L.G.’s relatives, who stood to benefit under prior instruments, would challenge their validity.
Malik believed that he could best defend the new instruments’ validity if he were not also representing their sole beneficiary. Therefore, he sought and received permission from L.G. to withdraw as her lawyer, and he referred her to another lawyer whom he thought was very skilled. When the lawyer turned out to be unavailable, Malik filed an action to appoint a guardian ad litem for L.G. in probate.
Was Malik’s conduct proper?
PROBLEM 42
Malik is a certified specialist in trusts and estates law. He was recently retained by a couple and their 12-year-old child L.G. to prepare new estate planning documents making L.G. the sole heir to her parents’ property.
A few days ago, Malik learned that both of L.G.’s parents died. He immediately visited L.G., whose grandmother had moved in to look after her. Malik asked his sister, a music instructor who was good communicating with children, to join him in meetings with L.G., and he explained to L.G. who his sister is and that she had been apprised of and would comply with his professional obligations.
Malik helped L.G. and her grandmother to set up therapy sessions and to get their finances in order.
The new estate instruments that Malik had prepared for L.G.’s parents were valid and enforceable, but Malik had good reason to believe that some of L.G.’s relatives, who stood to benefit under prior instruments, would challenge their validity.
Malik believed that he could best defend the new instruments’ validity if he were not also representing their sole beneficiary. Therefore, he sought and received permission from L.G. to withdraw as her lawyer, and he referred her to another lawyer whom he thought was very skilled. When the lawyer turned out to be unavailable, Malik filed an action to appoint a guardian ad litem for L.G. in probate.
Was Malik’s conduct proper?
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PROBLEM 44
Francis represents a client indicted for murder. During one meeting, the client told Francis that he had previously killed three other people. These three killings are completely unrelated to the current charges against Francis’s client.
Francis decided to conduct his own investigation and got his client to tell him that the bodies of these other victims were buried in a ravine at a local cemetery.
Francis went to that spot and found the bodies as described.
Leaving the bodies undisturbed, he did further investigation and learned that the three victims had been reported missing and that the authorities are still investigating the disappearances. Francis continues to represent his client and does not disclose the location of the bodies to the authorities or any other information provided by his client.
Is Francis subject to discipline?
PROBLEM 44
Francis represents a client indicted for murder. During one meeting, the client told Francis that he had previously killed three other people. These three killings are completely unrelated to the current charges against Francis’s client.
Francis decided to conduct his own investigation and got his client to tell him that the bodies of these other victims were buried in a ravine at a local cemetery.
Francis went to that spot and found the bodies as described.
Leaving the bodies undisturbed, he did further investigation and learned that the three victims had been reported missing and that the authorities are still investigating the disappearances. Francis continues to represent his client and does not disclose the location of the bodies to the authorities or any other information provided by his client.
Is Francis subject to discipline?
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PROBLEM 37
Sofia represented a man who had been convicted of murder. Preparing for sentencing, Sofia gathered potential mitigation evidence. She spoke with her client’s family, who described his childhood and mental health as normal. She consulted with mental health experts, who confirmed that his mental health was normal. When Sofia interviewed friends and acquaintances of her client, however, she uncovered accounts of sociopathic and destructive behavior in his past. These accounts were few in number, so Sofia made note of them but did not pursue them further, as she was busy working on multiple criminal cases. She told her client about these accounts, and her client pressed her to interview more people to reveal that these accounts were false. Her client told her that it was as important for him to rebut these false stories as it was to receive as minimal a sentence as possible.
Sofia interviewed a few more people, some of whom confirmed the stories. Not seeing any new trends and skeptical that the prosecution would rely on the stories at sentencing, Sofia ceased interviewing and instead prepared for sentencing based on the information that she already had. She neglected to update her client on her decision, even though she knew that it was important to him to rebut these accounts. At sentencing, the prosecution did not bring up the accounts, but Sofia’s client was ultimately sentenced to life without the possibility of parole. Her client then challenged that sentence on grounds that she had provided ineffective assistance of counsel.
Should the client’s verdict be overturned?
PROBLEM 37
Sofia represented a man who had been convicted of murder. Preparing for sentencing, Sofia gathered potential mitigation evidence. She spoke with her client’s family, who described his childhood and mental health as normal. She consulted with mental health experts, who confirmed that his mental health was normal. When Sofia interviewed friends and acquaintances of her client, however, she uncovered accounts of sociopathic and destructive behavior in his past. These accounts were few in number, so Sofia made note of them but did not pursue them further, as she was busy working on multiple criminal cases. She told her client about these accounts, and her client pressed her to interview more people to reveal that these accounts were false. Her client told her that it was as important for him to rebut these false stories as it was to receive as minimal a sentence as possible.
Sofia interviewed a few more people, some of whom confirmed the stories. Not seeing any new trends and skeptical that the prosecution would rely on the stories at sentencing, Sofia ceased interviewing and instead prepared for sentencing based on the information that she already had. She neglected to update her client on her decision, even though she knew that it was important to him to rebut these accounts. At sentencing, the prosecution did not bring up the accounts, but Sofia’s client was ultimately sentenced to life without the possibility of parole. Her client then challenged that sentence on grounds that she had provided ineffective assistance of counsel.
Should the client’s verdict be overturned?
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PROBLEM 39
Attorney Alia works exclusively as a contract lawyer for other firms that need extra help for big cases, whether in pre-trial document review or in background research and brief writing. Alia has no direct contact with these firms� clients. Nor does she participate in strategic decisions regarding any of the matters on which she works.
If one of the firms with which Alia has a contract uses her work in a way that constitutes misconduct, could she be subject to discipline?
PROBLEM 39
Attorney Alia works exclusively as a contract lawyer for other firms that need extra help for big cases, whether in pre-trial document review or in background research and brief writing. Alia has no direct contact with these firms� clients. Nor does she participate in strategic decisions regarding any of the matters on which she works.
If one of the firms with which Alia has a contract uses her work in a way that constitutes misconduct, could she be subject to discipline?
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PROBLEM 51
Attorney Angelo represented one of several co-defendants charged with conspiring, committing several jewelry store robberies, and then fencing the jewelry. Angelo met with his client several times in jail, because his client could not post bail. They met in a small conference room that was separated from the main visitor meeting room but that had a conspicuous videocamera near the ceiling. During these meetings, Angelo’s client detailed to him exactly what his role in planning the robberies was and what steps he took. When one of the other co-defendants tries to compel the government to turn over the jail video recordings, Angelo argues that the recordings are protected by attorney–client privilege.
Will Angelo succeed in making this argument?
PROBLEM 51
Attorney Angelo represented one of several co-defendants charged with conspiring, committing several jewelry store robberies, and then fencing the jewelry. Angelo met with his client several times in jail, because his client could not post bail. They met in a small conference room that was separated from the main visitor meeting room but that had a conspicuous videocamera near the ceiling. During these meetings, Angelo’s client detailed to him exactly what his role in planning the robberies was and what steps he took. When one of the other co-defendants tries to compel the government to turn over the jail video recordings, Angelo argues that the recordings are protected by attorney–client privilege.
Will Angelo succeed in making this argument?
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PROBLEM 52
A research university recently completed a substantial fundraising drive to raise money for a linear accelerator for its renowned particle physics program. The university reviewed bids from earthmovers to prepare the intended site for construction. At one point during negotiations with the company making the lowest bid, the university president asked the general counsel (GC) whether working with this company posed a liability risk, given rumors in the local community about its shoddy work in the past. The GC then instructed a few assistant GCs and paralegals to investigate these rumors and report back. One of the assistant GCs emailed a lawyer who works at a local firm and inquired about the basis for the rumors. Later, the deal fell apart and a breach of contract lawsuit arose between the university and the earthmovers.
Which of the following is most accurate?
PROBLEM 52
A research university recently completed a substantial fundraising drive to raise money for a linear accelerator for its renowned particle physics program. The university reviewed bids from earthmovers to prepare the intended site for construction. At one point during negotiations with the company making the lowest bid, the university president asked the general counsel (GC) whether working with this company posed a liability risk, given rumors in the local community about its shoddy work in the past. The GC then instructed a few assistant GCs and paralegals to investigate these rumors and report back. One of the assistant GCs emailed a lawyer who works at a local firm and inquired about the basis for the rumors. Later, the deal fell apart and a breach of contract lawsuit arose between the university and the earthmovers.
Which of the following is most accurate?
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PROBLEM 57
Bernice represents a man who runs a wholesale business that sells electronic chargers, adapters, dongles, and other gizmos. One day, her client receives a demand letter from a customer, claiming that some of the products that he purchased from her client were counterfeit. When Bernice’s client asks for her help resolving the issue, she meets with him at his office, and he makes the following statements:
(1) “I deleted a bunch of documents that would probably show that the items that the customer bought were indeed counterfeit.”
(2) “There are probably more documents on my hard drive that are relevant to the customer’s claim. Would you mind looking through them to let me know which those are? I can take it from there . . ..”
Which of the following is true?
PROBLEM 57
Bernice represents a man who runs a wholesale business that sells electronic chargers, adapters, dongles, and other gizmos. One day, her client receives a demand letter from a customer, claiming that some of the products that he purchased from her client were counterfeit. When Bernice’s client asks for her help resolving the issue, she meets with him at his office, and he makes the following statements:
(1) “I deleted a bunch of documents that would probably show that the items that the customer bought were indeed counterfeit.”
(2) “There are probably more documents on my hard drive that are relevant to the customer’s claim. Would you mind looking through them to let me know which those are? I can take it from there . . ..”
Which of the following is true?
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PROBLEM 61
An employment law attorney represented a prominent television news anchor whose personal life often ended up in the tabloids.
During the course of representing the anchor in contract negotiations, the attorney asked how the anchor’s family was doing. The anchor revealed that he and his cousin, who operated a casino, recently got in a fistfight because the anchor had had an affair with his cousin’s spouse.
Several years later, another lawyer approached the employment law attorney to ask whether she should represent the anchor in negotiating real property purchases. The lawyer was worried because she had heard rumors that the anchor gets into fistfights.
The employment law attorney, who no longer represented the anchor, advised the lawyer not to take the case, telling her that the anchor was a scumbag who got into a fistfight once because he had had an affair with his cousin’s spouse.
Is the attorney subject to discipline?
PROBLEM 61
An employment law attorney represented a prominent television news anchor whose personal life often ended up in the tabloids.
During the course of representing the anchor in contract negotiations, the attorney asked how the anchor’s family was doing. The anchor revealed that he and his cousin, who operated a casino, recently got in a fistfight because the anchor had had an affair with his cousin’s spouse.
Several years later, another lawyer approached the employment law attorney to ask whether she should represent the anchor in negotiating real property purchases. The lawyer was worried because she had heard rumors that the anchor gets into fistfights.
The employment law attorney, who no longer represented the anchor, advised the lawyer not to take the case, telling her that the anchor was a scumbag who got into a fistfight once because he had had an affair with his cousin’s spouse.
Is the attorney subject to discipline?
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PROBLEM 64
Gemma has been representing a modern art museum in a contract dispute with a natural history museum regarding objects in their collections that they would like to share.
A month ago, an art lover asked Gemma to represent him in a lawsuit against the modern art museum for its role in a slip-and-fall accident.
The contract dispute and the slip-and-fall dispute have no common issues of law or fact.
Because Gemma reasonably believed that she could competently represent the clients in each matter, she agreed to represent the art lover and began work on his case.
Is Gemma subject to discipline?
PROBLEM 64
Gemma has been representing a modern art museum in a contract dispute with a natural history museum regarding objects in their collections that they would like to share.
A month ago, an art lover asked Gemma to represent him in a lawsuit against the modern art museum for its role in a slip-and-fall accident.
The contract dispute and the slip-and-fall dispute have no common issues of law or fact.
Because Gemma reasonably believed that she could competently represent the clients in each matter, she agreed to represent the art lover and began work on his case.
Is Gemma subject to discipline?
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PROBLEM 66 [20%]
For several years, a lawyer has represented a mother and her three children in matters concerning their family olive oil business.
A year ago, the mother decided to retire from the business, which they operated as a partnership.
The partnership agreement was silent, however, on how to distribute the businesses assets upon partnership dissolution.
The mother and her children all agreed that they only wanted a fair distribution of the assets, though they disagreed on what a fair distribution would be.
The children requested that the lawyer continue to represent their mother and them in drafting a dissolution agreement for the partnership. The mother and her children provided informed consent, confirmed in writing.
May the lawyer begin work on the matter?
PROBLEM 66 [20%]
For several years, a lawyer has represented a mother and her three children in matters concerning their family olive oil business.
A year ago, the mother decided to retire from the business, which they operated as a partnership.
The partnership agreement was silent, however, on how to distribute the businesses assets upon partnership dissolution.
The mother and her children all agreed that they only wanted a fair distribution of the assets, though they disagreed on what a fair distribution would be.
The children requested that the lawyer continue to represent their mother and them in drafting a dissolution agreement for the partnership. The mother and her children provided informed consent, confirmed in writing.
May the lawyer begin work on the matter?
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PROBLEM 76
Several years ago, an attorney worked at a state’s department of land and natural resources (DLNR).
While there, he was the principal lawyer bringing a lawsuit against a group of manufacturers for releasing harmful particulate matter into the air.
The DLNR eventually won a permanent injunction in the matter.
Recently, the attorney has started a new job at a large law firm, and one of the manufacturers has hired him to petition for its release from under the injunction based on significant changes to its manufacturing process.
In accepting this representation, the attorney knew that he could keep confidential all information that he learned while working at the DLNR.
Is the attorney subject to discipline?
PROBLEM 76
Several years ago, an attorney worked at a state’s department of land and natural resources (DLNR).
While there, he was the principal lawyer bringing a lawsuit against a group of manufacturers for releasing harmful particulate matter into the air.
The DLNR eventually won a permanent injunction in the matter.
Recently, the attorney has started a new job at a large law firm, and one of the manufacturers has hired him to petition for its release from under the injunction based on significant changes to its manufacturing process.
In accepting this representation, the attorney knew that he could keep confidential all information that he learned while working at the DLNR.
Is the attorney subject to discipline?
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PROBLEM 82
A decade ago, a partner and an associate at a large law firm defended a power tools manufacturer that was sued by someone injured due to its lead product’s defective design. That lawsuit settled after a year of extensive discovery.
A month ago, another person injured while using the same product sought to hire a young lawyer at the large law firm to file a lawsuit against the power tools manufacturer.
The partner who had defended the manufacturer in the prior lawsuit left the large law firm several years ago, and the associate still worked at the firm but was screened from the matter.
Thus, the young lawyer accepted the representation and began work.
Is the young lawyer subject to discipline?
PROBLEM 82
A decade ago, a partner and an associate at a large law firm defended a power tools manufacturer that was sued by someone injured due to its lead product’s defective design. That lawsuit settled after a year of extensive discovery.
A month ago, another person injured while using the same product sought to hire a young lawyer at the large law firm to file a lawsuit against the power tools manufacturer.
The partner who had defended the manufacturer in the prior lawsuit left the large law firm several years ago, and the associate still worked at the firm but was screened from the matter.
Thus, the young lawyer accepted the representation and began work.
Is the young lawyer subject to discipline?
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PR0BLEM 83
Renuka is an attorney at a midsize law firm representing a coalition of environmental conservation organizations.
The organizations are challenging a state’s decision to open up formerly protected land for natural resource extraction.
A partner at Renuka’s firm strongly believes that the land should be opened up for natural resource extraction, and Renuka knows that the partner’s beliefs would impede his ability to provide competent representation were he to work on the case.
Therefore, Renuka screens the partner from the matter. Moreover, Renuka strongly supports her environmental conservation and reasonably believes that the partner could not persuade her otherwise, if they were to discuss the topic at firm social events.
But she does not inform her organizational clients about the partner’s views, nor does she obtain their informed consent, confirmed in writing, to the representation.
Is Renuka’s conduct proper?
PR0BLEM 83
Renuka is an attorney at a midsize law firm representing a coalition of environmental conservation organizations.
The organizations are challenging a state’s decision to open up formerly protected land for natural resource extraction.
A partner at Renuka’s firm strongly believes that the land should be opened up for natural resource extraction, and Renuka knows that the partner’s beliefs would impede his ability to provide competent representation were he to work on the case.
Therefore, Renuka screens the partner from the matter. Moreover, Renuka strongly supports her environmental conservation and reasonably believes that the partner could not persuade her otherwise, if they were to discuss the topic at firm social events.
But she does not inform her organizational clients about the partner’s views, nor does she obtain their informed consent, confirmed in writing, to the representation.
Is Renuka’s conduct proper?
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PROBLEM 84 [53%]
Sy is a criminal defense lawyer in private practice. To look for prospective clients, Sy regularly scans publicly available police records to see whether anyone he has previously represented has been arrested lately.
When Sy comes across an individual who fits this description, he usually calls their cell phone and asks whether they need a lawyer.
He always explains that he saw their name among recent arrest records, reminds them that he has represented them before, and encourages them to contact him for more information.
Is Sy subject to discipline?
PROBLEM 84 [53%]
Sy is a criminal defense lawyer in private practice. To look for prospective clients, Sy regularly scans publicly available police records to see whether anyone he has previously represented has been arrested lately.
When Sy comes across an individual who fits this description, he usually calls their cell phone and asks whether they need a lawyer.
He always explains that he saw their name among recent arrest records, reminds them that he has represented them before, and encourages them to contact him for more information.
Is Sy subject to discipline?
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PROBLEM 89
One law firm hired another law firm to defend it in a legal malpractice action. In the first few weeks after commencing work on the case, lawyers with the defense firm met in-person with representatives of the client firm to discuss billing. They explained that the defense firm would bill the client firm $300 per hour and that they intended to delegate certain portions of discovery work to contract lawyers. They also projected what the total fee would be at the conclusion of the case, and that fee was reasonable. However, the defense firm did not memorialize its fee arrangement with the client in writing. In addition, the defense firm only paid the contract lawyers a rate of $200 per hour.
Was the defense firm’s fee arrangement with the client firm proper?
PROBLEM 89
One law firm hired another law firm to defend it in a legal malpractice action. In the first few weeks after commencing work on the case, lawyers with the defense firm met in-person with representatives of the client firm to discuss billing. They explained that the defense firm would bill the client firm $300 per hour and that they intended to delegate certain portions of discovery work to contract lawyers. They also projected what the total fee would be at the conclusion of the case, and that fee was reasonable. However, the defense firm did not memorialize its fee arrangement with the client in writing. In addition, the defense firm only paid the contract lawyers a rate of $200 per hour.
Was the defense firm’s fee arrangement with the client firm proper?
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PROBLEM 98
Lamar is representing Ray in a lawsuit against someone who crashed their Maserati into Ray’s yard while he was doing some yard work and allegedly struck him. At each client-lawyer meeting, Ray has used a cane. While preparing for a deposition, Ray told Lamar that he had never used a cane prior to the accident and had never experienced physical injury before. As Ray described his extensive participation in sports growing up, however, Lamar noticed inconsistencies in Ray’s account. The deposition is scheduled for the next day, and Lamar reasonably believes but is not certain that Ray’s testimony about his injury history will be false.
May Lamar allow Ray to offer this testimony at the deposition?
PROBLEM 98
Lamar is representing Ray in a lawsuit against someone who crashed their Maserati into Ray’s yard while he was doing some yard work and allegedly struck him. At each client-lawyer meeting, Ray has used a cane. While preparing for a deposition, Ray told Lamar that he had never used a cane prior to the accident and had never experienced physical injury before. As Ray described his extensive participation in sports growing up, however, Lamar noticed inconsistencies in Ray’s account. The deposition is scheduled for the next day, and Lamar reasonably believes but is not certain that Ray’s testimony about his injury history will be false.
May Lamar allow Ray to offer this testimony at the deposition?
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PROBLEM 105
A solo practitioner worked closely with in-house counsel for a thingamabob manufacturer to negotiate the company’s sale to another corporation interested in expanding its own thingamabob empire.
Following the sale, the buyer corporation filed suit, alleging that the manufacturer had inflated the value of its assets, resulting in a fraudulently high sale price.
During the negotiations, the solo practitioner had been responsible for researching several widely accepted metrics for evaluating corporate assets and assisting his client to decide upon one of those metrics.
The thingamabob manufacturer now needs legal representation for this fraud lawsuit, and it will probably need its lawyers’ testimony regarding the evaluation metric.
The in-house counsel with whom the solo practitioner worked has recently moved to Seoul and is beyond the reach of the court’s subpoena power.
May the solo practitioner represent the manufacturer?
PROBLEM 105
A solo practitioner worked closely with in-house counsel for a thingamabob manufacturer to negotiate the company’s sale to another corporation interested in expanding its own thingamabob empire.
Following the sale, the buyer corporation filed suit, alleging that the manufacturer had inflated the value of its assets, resulting in a fraudulently high sale price.
During the negotiations, the solo practitioner had been responsible for researching several widely accepted metrics for evaluating corporate assets and assisting his client to decide upon one of those metrics.
The thingamabob manufacturer now needs legal representation for this fraud lawsuit, and it will probably need its lawyers’ testimony regarding the evaluation metric.
The in-house counsel with whom the solo practitioner worked has recently moved to Seoul and is beyond the reach of the court’s subpoena power.
May the solo practitioner represent the manufacturer?
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PROBLEM 107
A family was suing a self-driving car manufacturer for damages following an accident in which one of the company’s cars struck and killed two members of the family.
Several years before, one of the family members killed in the accident had been arrested and charged with driving under the influence (DUI), an offense to which they had pled guilty.
In the weeks before a pretrial conference, someone had dug up and published a record of this prior offense, and rumors began circulating in the news and on social media websites that the two family members were intoxicated at the time of the accident.
On the way in to the courthouse for the pretrial conference, the family’s attorney answered a question about the rumors asked by some reporters gathered there.
With her clients’ consent, she announced that there was no truth to the rumors and that at trial she would be offering evidence of the victims’ blood alcohol content, which was determined during autopsies to be below the jurisdiction’s DUI threshold.
Was the family’s attorney conduct proper?
PROBLEM 107
A family was suing a self-driving car manufacturer for damages following an accident in which one of the company’s cars struck and killed two members of the family.
Several years before, one of the family members killed in the accident had been arrested and charged with driving under the influence (DUI), an offense to which they had pled guilty.
In the weeks before a pretrial conference, someone had dug up and published a record of this prior offense, and rumors began circulating in the news and on social media websites that the two family members were intoxicated at the time of the accident.
On the way in to the courthouse for the pretrial conference, the family’s attorney answered a question about the rumors asked by some reporters gathered there.
With her clients’ consent, she announced that there was no truth to the rumors and that at trial she would be offering evidence of the victims’ blood alcohol content, which was determined during autopsies to be below the jurisdiction’s DUI threshold.
Was the family’s attorney conduct proper?
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PROBLEM 108
Lin is representing a client in negotiations to sell several hundred acres of mineral-rich land in a certain Southwestern county to a mining corporation.
During negotiations, a representative of the mining corporation revealed to Lin and her client that the corporation was above all interested in harvesting tungsten, a rare earth metal, from the tract at issue.
Lin’s client then informed the mining corporation representative that tungsten was one of the most abundant minerals in the tract.
However, Lin knew that this was false.
Before entering private practice two years ago, Lin had served as a commissioner on the county’s land commission. In that role, she had reviewed multiple public reports made to the board by local geologists who explained that while there were many earth minerals present in the county, tungsten was not one of them.
Lin knew also that her client was aware that there was no tungsten in the tract, as he had recently had his own land analyzed by the same geologists with the same findings.
Which of the following is most accurate?
PROBLEM 108
Lin is representing a client in negotiations to sell several hundred acres of mineral-rich land in a certain Southwestern county to a mining corporation.
During negotiations, a representative of the mining corporation revealed to Lin and her client that the corporation was above all interested in harvesting tungsten, a rare earth metal, from the tract at issue.
Lin’s client then informed the mining corporation representative that tungsten was one of the most abundant minerals in the tract.
However, Lin knew that this was false.
Before entering private practice two years ago, Lin had served as a commissioner on the county’s land commission. In that role, she had reviewed multiple public reports made to the board by local geologists who explained that while there were many earth minerals present in the county, tungsten was not one of them.
Lin knew also that her client was aware that there was no tungsten in the tract, as he had recently had his own land analyzed by the same geologists with the same findings.
Which of the following is most accurate?
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PROBLEM 114
Prosecutor Pat worked closely with law enforcement to investigate a regional bank’s potential defrauding of thousands of customers through exorbitant account and overdraft fees. After filing fraud, embezzlement, and conspiracy charges against some of the bank’s officers,
Pat and investigators found evidence that the bank officers had recently hosted multiple ostentatious parties and purchased many luxury items, like yachts, rare alcohols, and jewelry. No evidence suggested that any of these parties or purchases amounted to or involved criminal activity, though they did manifest a great deal of shocking and embarrassing conduct.
When the investigators asked Pat whether they should convey some of these findings in an upcoming press conference, Pat said, “Well, I am certainly not going to disclose any of this. It would be against my professional duties for me to do so.” Pat said nothing further on the subject. At the eventual press conference, one of the investigators used his time at the mic to describe some of this evidence and announced that there was much more of it that would be revealed at trial. At trial, Pat was able to use this evidence to successfully demonstrate that the bank officers had embezzled funds.
Is Pat subject to discipline?
PROBLEM 114
Prosecutor Pat worked closely with law enforcement to investigate a regional bank’s potential defrauding of thousands of customers through exorbitant account and overdraft fees. After filing fraud, embezzlement, and conspiracy charges against some of the bank’s officers,
Pat and investigators found evidence that the bank officers had recently hosted multiple ostentatious parties and purchased many luxury items, like yachts, rare alcohols, and jewelry. No evidence suggested that any of these parties or purchases amounted to or involved criminal activity, though they did manifest a great deal of shocking and embarrassing conduct.
When the investigators asked Pat whether they should convey some of these findings in an upcoming press conference, Pat said, “Well, I am certainly not going to disclose any of this. It would be against my professional duties for me to do so.” Pat said nothing further on the subject. At the eventual press conference, one of the investigators used his time at the mic to describe some of this evidence and announced that there was much more of it that would be revealed at trial. At trial, Pat was able to use this evidence to successfully demonstrate that the bank officers had embezzled funds.
Is Pat subject to discipline?
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