U
Attorney Beta is admitted to practice law before the highest court in State A, but not in State B. Client Dan is a resident of State A, but has a business in State B. Don asks Beta, his long-time attorney and personal friend, to defend him in a DWI (driving while intoxicated) case in State B. The lawsuit involves the proper interpretation of a State B DWI statute. Although Beta has never tried a DWI case in State B, he has tried numerous DWI cases in State A which has a similar DWI statute. Would it be proper for attorney Beta to represent Don in this matter?
A. No, because Dan's arrest for DWI occurred in State B, and attorney Beta is not admitted to practice in State B.
B. No, because the criminal charge against client Dan involves the interpretation of a State B DWI statute, and attorney Beta is not admitted to practice in State B.
C. Yes, because State B cannot constitutionally discriminate against non-resident attorneys like Beta.
D. Yes, if attorney Beta first obtains admission to practice before the court in State B, pro hac vice for the sole purpose of representing client Dan in the State B DWI case.
What is "D"?
ABA Model Rule 5.5(a) prohibits Beta from practicing in any state where he is not admitted to practice law, regardless of the attorney's prior practice experience. However, attorney Beta can avoid Rule 5.5(a)'s mandatory prohibition by seeking to be admitted pro hac vice in State B for the sole purpose of defending client Dan in this one case. Beta will have to obtain permission from the court in State B and comply with any other restrictions imposed by either the court in State B (such as a local or State B rule requiring all non-licensed attorneys who practice pro hac vice in State B to associate local State B attorneys to assist/advise them). [See also ABA Model Rule 5.5(c)(2) and Comments p, 10 and 11.] Answer choices "A" and "B" are both incorrect, because if Beta is admitted pro hac vice he may represent client Dan in this matter, even though it involves a criminal offense committed in State B as well as the interpretation of a State B criminal statute. Choice "C" is incorrect because State B's requirements that all attorneys must be admitted to practice in State B does not discriminate against non-residents, since neither residents of State B nor non-residents can practice law in State B without being admitted.
If there is a conflict of interest, a lawyer can proceed with the representation if s/he believes s/he can provide competent and diligent representation, it is not prohibited by law, it is not a client against another client in the same litigation and this other element.
What is informed, written consent from the client?
This SCOTUS case set the standard that requires prosecutors to disclose material evidence that is favorable to the defense and is in the possession of the prosecution or law enforcement
What is Brady?
Lawyer Lithgo practices family law in State A where she is licensed and in good standing. Her office is situated in a large city near the border between State A and State B, and many of Lithgo's clients actually reside in State B. Occasionally, Lawyer Lithgo appears pro hac vice in a court in State B to represent some of her clients who reside in that State. To facilitate her clients in State B, Lawyer Lithgo is considering opening a satellite office in State B, although she does not intend to become separately licensed in State B. May lawyer Lithgo open her office in State B to represent her clients in that State, so long as she continues to obtain permission pro hac vice before representing each individual State B client in a State B court?
A. No, because she is not licensed to practice law in State B and she has no plans for becoming licensed.
B. No, because by opening the satellite office in State B she is no longer providing legal services to her State B clients on a "temporary" basis.
C. Yes, so long as she continues to obtain permission pro hac vice for each individual client that she represents in a State B court.
D. Yes, since she is already representing these same clients in State A, and she is only opening the satellite office in State B as a convenience to her State B clients.
What is B?
This must happen if a lawyer's physical or mental condition materially impairs the lawyer's ability to represent a client
What is withdrawal?
Attorney Johnson represented Cliff who had been charged with the crime of "cable theft" against the local television cable company. During the course of this representation, Johnson learned how Cliff was able to use a fairly simple technique to remove an electronic filter from inside the cable box that blocked certain portions of the cable signal, thus allowing the user to receive the full cable signal (including all premium channels and high-speed internet). Unable to secure tickets to the biggest football game of the year between the two in-state rival teams, Johnson decided to watch the game at home on his new high-definition television. Since he also subscribed to "basic" cable service, Johnson decided to test out his new television by temporarily removing the electronic filter from his cable box in order to receive an HD-quality digital signal just for the game. Johnson had actually intended to sign up with the cable company and subscribe to the full digital cable service earlier in the week when they delivered his new television, but he was so busy that he simply forgot until just prior to the game. Johnson was so distraught after his team lost the game, that he forgot to re-connect the filter to the cable line that entered his home. For several months the busy Johnson used the "free" digital cable service, until he was finally arrested and charged with "cable theft." As part of the local District Attorney's tough "no exceptions" policy against all "cable theft" offenders, Johnson was prosecuted for this offense and not allowed to settle the case for anything less than a "guilty" plea to the offense as charged. As a result, Johnson waived his right to a jury and stood trial before Judge Simpson, a former law school classmate whom he believed might show sympathy for him since they had been friends back in law school. Judge Simpson found Johnson "guilty" (as charged) of a Class C (the lowest level) misdemeanor and fined him $1,000 (the maximum amount).
A. Johnson is subject to discipline because he has engaged in conduct involving dishonesty, fraud, deceit or misrepresentation.
B. Johnson is subject to discipline because he has committed a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as a lawyer.
C. Johnson is subject to discipline by seeking to have his case decided by a former law school classmate instead of a jury, hoping to influence the outcome of the case in his favor.
D. Johnson is not subject to discipline.
What is "A"?
ABA Model Rule 8.4(c) prohibits Johnson from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. Johnson knowingly altered the cable signal to allow him to receive the more expensive, high-quality cable signal for the big game. Even if he intended to start paying for the signal afterwards, he clearly knew at the time of his actions that he was "stealing" the cable company's property (having just represented a client charged with the same criminal offense). [Note: There is also a possibility in this fact scenario that Johnson may have violated his former client Cliff's confidentiality under Model Rule 1.6 if (during his own trial) he disclosed his former client (Cliff) as the source of his knowledge about removing the electronic filter from the cable box. See also Model Rule 1.9. However, under these facts this would require an assumption that is unnecessary to resolve the current Question, so this would be an incorrect reason for concluding that Johnson is subject to discipline. Moreover, since none of the answer choices in this Question relate specifically to Johnson's violation of either of these rules, this would be yet another reason why the suggested violations of Model Rule 1.6 and 1.9 would not be the best choice.] Choice B is not the BEST answer, even though Johnson has indeed knowingly committed a criminal act. Model Rule 8.4(b) prohibits the commission of criminal acts that reflect adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer. Johnson's criminal act is only the lowest class of misdemeanor (not unlike speeding or even a first offense dui). As such it is probably not one that reflects too adversely on Johnson's honesty, trustworthiness or fitness as a lawyer in other respects (at least as compared to Choice A, supra). Choice C is incorrect. Model Rule 3.5 prohibits a lawyer from seeking to influence a judge by means prohibited by law. While Johnson probably was hoping to gain some favorable influence by submitting the trial of his case to his former law school classmate, in waiving his right to a jury trial he did nothing that was prohibited by law. Indeed, if the judge believed that he was (or that he might reasonably be perceived to have been) influenced by his previous law school relationship with Johnson, it was Judge Simpson's responsibility under Code of Judicial Conduct Canon 3E (re: disqualification) to remove himself from the case. Choice D is clearly inappropriate here, since attorney Johnson would at least be subject to discipline by virtue of choice A.
An attorney represented a company that produces chemical products. Some of the waste products of the company’s manufacturing processes are highly toxic and are reasonably certain to cause substantial bodily harm if disposed of improperly. The president of the company recently informed the attorney that a new employee had mistakenly disposed of the waste products in the ground behind the company plant, an area that is part of the source of the city’s water supply. The attorney advised the president that the company could be civilly and criminally liable for negligence in lawsuits brought by any persons harmed by the waste products. The attorney advised the president to immediately report the problem to city authorities. Fearful of adverse publicity, the president declined to do so. The attorney further advised the president that she believed the president’s decision was immoral. The president continued to decline to report the matter. The attorney then informed the president that she was withdrawing from the representation and would inform the authorities herself. Immediately after withdrawing, the attorney reported the company’s conduct to the authorities. Is the attorney subject to discipline?
(A) Yes, because the attorney received the information in confidence and was not permitted to reveal the information without the company’s consent.
(B) Yes, because the company’s conduct was not intentional.
(C) No, because the attorney reasonably believed that the president was pursuing an imprudent and immoral course of conduct.
(D) No, because the attorney reasonably believed that the company’s disposal of the waste products was reasonably certain to cause substantial bodily harm.
D
On appeal, lawyer appointed to represent indigent criminal defendant refuses to make arguments the defendant wants her to make. She considers the arguments non-frivolous but believes that raising them would be bad strategy. She does fully consult with the client. Do the rules require her to make the arguments?
What is "no"?
This is not required to form a client-attorney relationship
What is a Payment OR Written Agreement/Contract? (both are valid answers)
Plaintiff and Defendant are next door neighbors and bitter personal enemies. Plaintiff is suing Defendant over an alleged trespass. Each party believes, in good faith, in the correctness of his position. Plaintiff is represented by Attorney Alpha, and Defendant is represented by Attorney Beta. After Plaintiff had retained Alpha, he told Alpha "I do not want you to grant and delays or courtesies to Defendant or his lawyer. I want you to insist one very technicality." Alpha has served Beta with a demand to answer written interrogatories. Beta, because of the illness of his secretary, has asked Alpha for a three-day extension of time within which to answer them. Is Alpha subject to discipline, if, after consultation with the client and over client objection, she grants Beta's request for a three-day extension?
A. Yes, because Alpha is acting contrary to her client's instructions.
B. Yes, unless Alpha first informs Plaintiff of the request and obtains Plaintiff's consent to grant it.
C. No, this is a "means" call by the Alpha, but Plaintiff may fire Alpha, or Alpha may withdraw.
D. No, because Beta was not at fault in causing the delay.
C. No, this is a "means" call by the Alpha, but Plaintiff may fire Alpha, or Alpha may withdraw.
How long does the client hold the attorney-client privilege?
What is forever?
If there is a disputed claim to the client's funds, the lawyer must do this until the dispute is resolved.
What is keep the disputed amount in a client trust account until the dispute is resolved AND promptly distribute all portions that are not in dispute.
This kind of contact shall not be used to solicit business for a lawyer.
What is live person-to-person?
Attorney (A) represents Client (C), the plaintiff in a civil action that was filed a year ago and is about to be set for trial. C informed A that he could be available at any time during the months of October, November, and December. In discussing possible trial dates with opposing counsel and the court clerk, A was advised that the trial date on October 5 was available and that the next available trial date would be December 10. Without first consulting C, A requested the December 10 trial date because she was representing Deft, the defendant in a felony criminal trial that was set for October 20, and she wanted to spend as much time as possible to prepare for that trial. Was it proper for Attorney to agree to the December trial date without first consulting with the client?
A. Yes, unless A had a reason to believe that C might be prejudiced by the delay.
B. Yes, because a criminal trial takes precedence over a civil trial.
C. No, because Attorney should manage her calendar so that her cases can be tried promptly.
D. No, unless Attorney was court appointed counsel in the criminal case.
A. Yes, unless A had a reason to believe that C might be prejudiced by the delay.
This is the rule to determine if a subordinate lawyer is protected from a violation of the Rules (all elements)?
What is the violation was the reasonable resolution of an arguable question of professional duty by the supervisor?
What principle protects material prepared by a lawyer for litigation or anticipation of litigation unless the opposing party can show a substantial need for the material and inability to gather the necessary information without undue hardship?
What is work product doctrine?
During the pretrial proceedings, Client complained bitterly about time and expense involved and insisted that Attorney take steps to terminate pretrial proceedings. Attorney believes that the case cannot be adequately prepared for trial without further pretrial proceedings that will require an additional six-month delay and further expense. Attorney fully consults with the client. The retainer states that the client has the final say on the costs of the matter. Accordingly, the lawyer must follow the client's instructions.
A. Yes
B. No
No
An experienced plaintiffs’ attorney purchased advertising space on a consumer advocate’s blog. The advertisement included the attorney’s name and contact information along with the following accurate statement: “In the last three years, I have obtained five jury verdicts that awarded over one million dollars each in medical malpractice cases.” The advertisement also included the following disclaimer: “The merit of claims and amount of damages vary depending on the individual circumstances of each medical malpractice case. Past results do not guarantee the amount of any future recovery.” After running the advertisement for six months, the attorney asked all prospective clients who had contacted him during that time period if they had seen the advertisement. No prospective client reported seeing the advertisement.
Is the attorney subject to discipline?
(A) Yes, because the advertisement may have misled potential clients by creating unjustified expectations based on the attorney’s past record.
(B) No, because even without the disclaimer, no reasonable potential client would believe that past results guarantee similar outcomes in the future.
(C) No, because the advertisement included a disclaimer to avoid creating unjustified expectations based on the attorney’s past record.
(D) No, because no prospective client reported seeing the advertisement.
C
This party holds the consent for a represented client to speak with opposing counsel.
Who is the represented party's lawyer?
Attorney (A) represented Landlord (L) in a variety of matters over several years. Plaintiff (P) who lives on public assistance, filed suit pro se against L alleging that L withheld without justification the security deposit on a rental unit that P vacated 3 years ago. A investigated the claim and learned that it was legally barred by the applicable statute of limitations, although P's underlying claim was meritorious. A told L of the legal defense, but emphasized that P's claim was just and that, in all fairness, the security deposit should be returned to P. A told L: "I recommend that you pay P the full amount with interest. It is against your long-term business interests to be known in the community as a landlord who routinely withholds security deposits even though the tenant leaves the apartment in good condition. Paying the claim now will prevent future headaches for you." Was Attorney's conduct proper?
A. Yes, if Landlord did not object to Attorney's advice and paid P's claim.
B. Yes, because A may refer to both legal and non-legal considerations in advising a client.
C. No, unless A's engagement letter informed L that A's advice on the matter would include both legal and non-legal considerations in advising a client.
B. Yes, because A may refer to both legal and non-legal considerations in advising a client.
A lawyer must do this if s/he knows another lawyer has committed a violation of the MPRC that raises a substantial question as to the lawyer's honesty.
What is report the lawyer? (unless protected by confidentiality or gained in a lawyers' assistance program)
A lawyer can never do this with a non-lawyer with respect to business relationships if any of the business constitutes the practice of law.
What is form a partnership?
A state prosecutor was assigned to a murder case in which the defendant had confessed to committing the crime. In the same confession, the defendant had also confessed to committing many other crimes over many years, including the murder of a young woman in another jurisdiction. In investigating the defendant’s confession, which the prosecutor knew to be credible, the prosecutor discovered that another individual had been convicted and sentenced to prison for the murder of the young woman. Based on the defendant’s confession, for which there was corroboration, the prosecutor knew that it was reasonably likely that the individual convicted of murdering the young woman was innocent. The prosecutor did not tell anyone about the defendant’s confession to the murder of the young woman.
Was the prosecutor’s conduct proper?
(A) No, because the prosecutor failed to promptly disclose the information regarding the defendant’s confession to a court or the chief prosecutor in the other jurisdiction.
(B) No, because the prosecutor failed to investigate to determine whether the individual convicted of murdering the young woman was innocent.
(C) Yes, because the defendant’s confession was information relating to the prosecutor’s representation of the state.
(D) Yes, because the prosecution of the other individual for murdering the young woman was final.
A
This does not need to be demonstrated in a disciplinary matter against an attorney, but does need to be demonstrated in a malpractice case.
What is harm?
What is Attorney-Client Privilege?