Attorney/Client Relationship
An attorney is employed by a client who is a fugitive from justice under indictment for armed robbery. The attorney, after thorough legal research and investigation of the facts furnished by the client, reasonably believes the indictment
is fatally defective and should be dismissed as a matter of law. The attorney advised the client of his opinion and urged the client to surrender. The client told the attorney that she would not surrender.
The attorney informed the district attorney that he represented the client and that he had counseled her to surrender but that she refused to follow his advice. The attorney has not advised his client on how to avoid arrest and prosecution and does not know where she is hiding.
Safe or Sanction?
Safe!
because the attorney is not counseling the client to avoid arrest and prosecution.
An attorney is a well-known, highly-skilled litigator. The attorney's practice is in an area of law in which the trial proceedings are heard by the court without a jury.
In an interview with a prospective client, the attorney said, "I make certain that I give the campaign committee of every candidate for elective judicial office more money than any other lawyer gives, whether it's $500 or $5,000. Judges know who helps them get elected." The prospective client did not retain the attorney.
Safe or Sanction?
Sanction!
because the attorney implied that she receives favored treatment from judges.
Attorney Alpha is recognized as an expert in securities regulation law. A corporation retained Alpha's law firm to qualify the corporation's stock for public sale. After accepting the matter, Alpha decided that he preferred to spend his time on cases with larger fee potential, so he assigned responsibility for the corporation matter to Attorney Beta, an associate in Alpha's office who had recently been admitted to the bar.
Beta protested to Alpha that he, Beta, knew nothing about securities regulation law and that he had too little time to prepare himself to handle the corporation's matter competently without substantial help from Alpha. Alpha responded, "I don't have time to help you. Everyone has to start somewhere." Alpha directed Beta to proceed.
Safe or Sanction?
Sanction!
because Alpha knew Beta was not competent to handle the matter, and Alpha failed to provide supervision adequate to protect the client's interests.
An attorney is a member of the bar in his state and is also licensed as a stockbroker in a neighboring state. In his application for renewal of his stockbroker's license in the neighboring state, the attorney knowingly filed a false financial statement.
Safe or Sanction?
Sanction!
because his actions involve dishonesty or misrepresentation
Who developed the Multistate Professional Responsibility Exam (MPRE)?
The National Conference of Bar Examiners (NCBE)
An attorney represented a small business owner in a contract suit. The attorney advised his client that he had a 50 percent chance of winning the case and should accept any settlement offer over $20,000. The client said that he was open to settlement and would think about an acceptable amount.
One week before trial, the opposing counsel told the attorney that his client would be willing to pay $25,000 to avoid trial and that the offer would remain open until the end of the day. The attorney could not reach his client to confirm whether the client wished to accept the settlement offer. At the end of the day, the attorney called the opposing counsel and accepted the offer. The attorney did not mention that he had not spoken to his client.
Safe or Sanction?
Sanction!
because the attorney accepted the settlement offer without his client's consent
A law firm represented residents who were opposed to the rezoning of a nearby undeveloped parcel of land from rural to retail. A newly hired associate was assigned to work on the case. The associate had previously worked for another law firm, where she had participated in the representation of the landowner in securing the environmental permits necessary for the development of the parcel.
The associate, after discussing the matter with the supervisory partner at her new firm, accepted the assignment. Even though the associate believed that accepting the assignment violated the conflict-of-interest rules, the partner concluded that there was not a conflict of interest and that, consequently, the consent of the landowner was not required. When the landowner learned that the associate was
working with the residents, he notified the appropriate disciplinary authority. Subsequently, the partner was disciplined for violation of the conflict-of-interest rules.
What about the associate, Safe or Sanction?
Sanction!
because the associate's participation in the representation of the residents clearly constituted a
conflict of interest.
An attorney admitted to the bar never practiced law, but instead took a job as a financial planner. After several years as a successful financial planner, one of the attorney's clients accused him of lying to her about the entities in which her funds had been invested.
The attorney admitted that he had lied to the client but argued he had been acting in her best
interest because she was overly risk averse. The attorney pointed out that the client had actually made more money for her than she would have made otherwise. The client filed a negligence action against the attorney and reported him to
the local disciplinary commission.
Safe or Sanction?
Sanction!
because he engaged in conduct involving dishonesty.
The widow of an accident victim filed a wrongful death action. At the deposition of the widow, the attorney for the defendant, who was aware that the widow had been born in a foreign country in which English was not the primary language, complimented her on her proficiency in the English language after she had responded to several of her questions.
Throughout the remainder of the deposition, the defendant's attorney made various seemingly favorable remarks about the widow, such as her understanding of the customs of the United States, for the sole purpose of reminding the widow that she came from a foreign country in order to intimidate her.
Safe or Sanction?
Sanction!
because the attorney's comments harassed the widow on the basis of national origin with no substantial purpose other than to intimidate and harass her
Name one of the three months that the MPRE usually administered?
March, August, or November
An attorney represents a client who is under indictment for homicide. In the course of the representation, the client told the attorney that she had previously killed two other people. These murders are completely unrelated to the murder
indictment for which the attorney is providing representation. With the client's consent, the attorney made a tape recording of the client's confession regarding the unrelated homicides. At the attorney's request, the client also drew a map of the remote locations of the victims' graves from the unrelated killings. Those bodies have not been found by the police, and the client is not a suspect in either crime, both of which remain unsolved. The attorney fails to voluntarily disclose to the authorities his knowledge of the two prior murders and the locations of the victims' bodies.
Safe or Sanction?
Safe!
because the information was obtained by the attorney in the course of the representation.
A law firm learned that one of its partners had recently begun a sexual affair with the vice president of the legal department of a corporate client she was representing in a high-profile, multimillion-dollar contract defense case. When questioned about the affair by the governing committee of the firm, the attorney produced a signed waiver from the chairman of the board of the corporate client indicating that the board of directors had been advised of the potential conflict of interest by the vice president and waived any conflict.
Safe or Sanction?
Sanction!
because the sexual relationship is prohibited, and the conflict cannot be waived.
A law firm associate was assigned to work on a plaintiff's tort case with a partner. The associate was charged with the day-to-day management of the case, although the partner checked in with the associate regularly. Despite the associate's solid performance, the client lost the case at trial. After the time for filing an appeal had expired, the associate told the partner for the first time about a settlement offer made by the opposing party that the associate had rejected as too low without consulting the client. The partner scolded the associate for failing to bring the settlement offer to the client's attention, but otherwise took no action.
Is the partner Safe or subject to Sanctions?
Safe!
because the partner did not learn of the action until it was too late to avoid the consequences.
An attorney is a member of the bar and a salaried employee of a bank's trust department. As part of his duties, he prepares a monthly newsletter concerning wills, trusts, estates, and taxes that the bank sends to all of its customers. The newsletter contains a recommendation to the customer to review his or her will in light of the information contained and, if the customer has any questions, to bring the will to the bank, where the attorney will review the customer's will and answer the customer's legal questions. The bank provides the attorney's services to its customers for no charge.
Safe or Sanction?
Sanction!
because the attorney is assisting the bank in the unauthorized practice of law.
Which rules are the MPRE based on?
American Bar Association (ABA) Model Rules of Professional Conduct
A county law prohibits stores from selling alcoholic beverages before noon on Sundays. Failure to comply is a misdemeanor punishable by a fine of $150. An attorney was hired by a client who owns several liquor stores. The client asked the attorney whether any store owners had been prosecuted for violating the law and whether the fine could be imposed for every sale on a Sunday before noon or only for every Sunday on which alcohol was sold before noon. The client also asked what he could do
to minimize the risk that he would be detected.
The attorney accurately told the client that the fine could only be imposed for each Sunday on which he sold alcoholic beverages before noon, not for each transaction, and that no one had been prosecuted under the law as yet. She also told him that she thought it would be improper to advise him about how to avoid detection. The client thanked the
attorney for the information and hung up. Several weeks later, the attorney learned that the client had begun to open his store for business on Sundays at 9 a.m.
Safe or Sanction?
Safe!
because the attorney merely gave the client her honest opinion about the consequences that were likely to result if he violated the law.
An attorney represented an incarcerated, indigent criminal defendant on a pro bono basis. At their initial meeting, the defendant was extremely fidgety. The defendant explained that she was a smoker but had not had a cigarette since being imprisoned because she had no money to buy cigarettes in the facility. The attorney gave the defendant $50 to
buy cigarettes without securing from the defendant a promise to repay the money. Nevertheless, the defendant subsequently did repay the attorney.
Safe or Sanction?
Sanction!
because an attorney may not provide financial assistance to a client for the client's living expenses.
An attorney hired a recent law school graduate as an associate. For the first six months, the associate was assigned to draft legal documents that the attorney carefully reviewed and revised before filing. However, shortly after the associate was admitted to the bar, the attorney told the associate that he would be going on vacation the following week and was assigning her the representation of the landlord in a housing case that was going to trial while he was away.
The associate had never conducted or observed a trial before and, because she had not previously worked on any housing cases, she was unfamiliar with the relevant law and procedure. She did not believe that she would have enough time to learn everything that she needed to know, but she was reluctant to decline the assignment. Before the trial began, she met with the landlord and disclosed that this would be her first trial, but the landlord did not object. Although the associate prepared diligently, the landlord lost the trial.
Safe or Sanction?
Sanction!
because the attorney did not ensure that the associate was competent to conduct the trial on her own.
A plaintiff, who is not a lawyer, is representing himself in small claims court in an action to recover his security deposit from his former landlord. The plaintiff told an attorney, a close friend who lived near him, about this case, but did not ask the attorney for any advice.
The attorney said, "I'll give you some free advice. It would help your case if the new tenants would testify that the apartment was in good shape when they moved in, and, contrary to the allegation of your former landlord, it was not, in fact, repainted for them." The plaintiff followed the attorney's advice and won his case.
Safe or Sanction?
Safe!
because the plaintiff was representing himself in the proceedings.
What the passing score range on the MPRE?
75-86
A plaintiff and a defendant are next-door neighbors and bitter personal enemies. The plaintiff is suing the defendant over an alleged trespass. Each party believes, in good faith, in the correctness of his position. Each is represented by their own attorney. After the plaintiff had retained his attorney, he told her, "I do not want you to grant any delays or courtesies to the defendant or his lawyer. I want you to insist on every technicality."
The plaintiff's attorney has served the defendant's attorney with a demand to answer written interrogatories. The
defendant's attorney, because of the illness of his secretary, has asked the plaintiff's attorney for a five-day extension of time within which to answer them. The plaintiff's attorney grants the request.
Safe or Sanction?
Safe!
unless granting the extension would prejudice the plaintiff's rights.
An attorney represents the plaintiff in a defamation lawsuit. Both the plaintiff and the defendant are well-known public figures, and the lawsuit has attracted much publicity. The attorney has been billing the plaintiff at an agreed-upon hourly fee for his services. Recently, the plaintiff suggested that, rather than paying hourly, she would like to assign the attorney the media rights to a book and movie based on her lawsuit as full payment for services rendered from that point until the end of the litigation.
The attorney responded that he would consider it, but that the plaintiff should first seek independent advice as to whether such an arrangement would be in her best interest. The attorney knew that, in the unlikely event that the lawsuit was settled quickly, the media rights might be worth more than he would have earned on an hourly fee basis. The attorney agrees to the plaintiff's offer.
Safe or Sanction?
Sanction!
because the attorney has not concluded the representation of the plaintiff.
An attorney was recently admitted to practice and was hired as a new associate of a large law firm. The attorney was working late one night when he received a telephone call from his cousin. The cousin said that he was calling from the police station because he had just been arrested for possession of cocaine with intent to distribute. He was permitted to
make only one phone call, and the attorney was the only one he knew. The attorney responded that he had no criminal law experience and that his firm did not handle criminal cases.
Nevertheless, the cousin pleaded with the attorney to come to the police station and see what he could do to get him out on bail. The attorney replied that he would do what he could. The attorney went to the police station and used what information he recalled from his criminal law and procedure courses to attempt to get his cousin released on bail. However, as a result of his inexperience, the attorney was unable to secure his cousin's release that night. The next morning, the attorney found an experienced criminal lawyer for his cousin, who obtained his release within one hour.
Safe or Sanction?
Safe!
because neither referral to another lawyer nor consultation with another lawyer was practical under the circumstances.
An attorney agreed to represent a client in a lawsuit. The attorney and the client executed the attorney's preprinted retainer form that provides, in part:
"The client agrees to pay promptly the attorney's fee for services. In addition, the client and the attorney agree to release each other from any and all liability arising from the representation. The client agrees that the attorney need not return the client's file prior to receiving the client's executed release. Upon full payment, the attorney will return the file
to the client." Although the attorney recommended that the client consult independent counsel before signing the retainer agreement, the client chose not to do so. The attorney reasonably believes that his fee is fair and that the quality of his work will be
competent.
Safe or Sanction?
Sanction!
because the attorney is attempting to limit his liability for malpractice.
When do you take Professional Responsibility?
Second Semester 2L