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70 Cards in this Set
- Front
- Back
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Is it true that a lawyer may withdraw from representing a client simply b/c the lawyer believes that he client's objectives are imprudent?
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An attorney may withdraw from represntng a client if attorney considers the client's objective to be repugnant or fundamentally against the attorney's beliefs
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6. Client Cronin asked lawyer Lavelle to take over as her counsel in a civil case. Cronn explained in confidence that she had fired Aspner, her former counsel, because he had used threats of violence to force her to have sexual relations with him. Cronin instructed Lavelle not to tell anyone what Aspner had done to her. Should Lavelle nevertheless report Aspner's conduct to the appropriate discriminatory authorities?
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NO. Aspner's conduct was learned through a privileged communication, and he must respect Croni's instructions to keep the information in confidence.
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7. Mertin, a nonlawyer, worked as a messenger for laywer L's law forim. M asked L to refer him to a good form book so that M could prepare legal papers that his isister needed to adopt a baby. Should L comply with Mertin's request?
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NO. A lwyer must not assist a nonlaywer in the unlicensed practice of law.
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8. Shelby is employed by a cosmetics company, where she serves as in-house counsel. S is licensed in teh state of O and has been working for the company in that shate for 10 years. The company wantes to relocate S to the state of T. Shelby is not licensed in T. Would it be proper for S to set up an offie and conduct a conintous pratice in T without being admitted to practice there?
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YES. A lawyer may open a law office and establish a systematic and continuous practice in a jurisdictional in which she is not admitted if the lawyer is a salaried employee of her only client.
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9. Client Cardwell asked her neighbor's frined, lawyer Lubner, to rpersent her in a paternity suit against hte suspected father of her first child. Without mentioning the matter of legal fees, Lubner did the work promptly and effectively. Then, when the matter was completed, Lubner sent Cardwell a bill for a resaonble fee. Was Lubner's conduct proper?
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NO. A lawyer must reach an early, clear agreement with the client about the lawyer's fee unless the lawyer has regulatory represented the client in the past.
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16. Private criminal defense attorney Axelrod was hired to defend Dervish in a mayhem case. After Dervish described the facts to Axelrodd in confidence, Axelrodd concluded that Dervish was guilty as charged. Dervish, however, insisted on pleading not guilty and going to trial. May Axelrodd continue as Dervish's counsel if Dervish persists in his desire to plead not guilty?
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YES. decisiont o plead guilty or not guilty is for the client to make.
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22. Is it true that a lawyer may withdraw from represent a client simply because the lawyer believes that the client's objectives are imprudent?
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YES. (If repugnant/fundamentally against laywer's beliefs)
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27. Lawyer L represented D in the civil case of A v. D. Later, L represented B in a sustainability related civil suit against D. D sued Lemur for legal malpractice. Lemur's state has adopted the ABA Model Rules of 27. Professional Conduct. At trial, D offered evidence that Lemur's conduct was in violation of ABA Model Rules 1.7 and 1.9. Lemur objected that the evidence should be excluded as irrelevant. Should the trial judge sustain L's objection?
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NO. According to the "Scope" section of the ABA Model Rules, a disciplinary violation does not itself give rise to civil liability and does not create a presumption that a legal duty has been breached. However, L's violations are at least relevant to the issue of whether rhis conduct falls below the applicable standard of care.
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28. One of the terms of attorney A's retainer agreement w/ Client C provided that A would "exercise ordinary care in performing the aforementioned legal services." Two and a half years after C learned that A had been negligent in performing the legal services, Cruz sued A for legal malpractice. C's complaint alleged both tort and contract claims. The state law provides a two year statute of limitations for negligence claims and a four year statute of limitations for actions based on written contracts. Is Adoula entitled to have Cruz's entire complaint dismissed as untimely?
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NO. An action for legal malpractice can be based on many different theories, including negligence and breach of K. Cruz's contract claim is timely, even though his negligence claim is barred by the two yr statute of limitations.
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29. Laywer L is a certified specialist in taxation law at State A. L muddled a tax trnasaction for client C, and C sued L for legal malrpactice. IN that suit, C asserted that the relevant standard of care is that of certified specialists in taxation, not that of ordinary lawyers. Is that correct?
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YES.
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37. The president of Doresett Corporation suspected that some of the corporation's sales personnel were engaging in price fixing with their counterparts from other corporations. She therefore hired an outside lawyer, Longfellow, to investigate the matter and to prepare a full report for her use. She instructed each of the corporations' regional sales representatives to corporate completely with Longfellow's investigation. Longfellow interviewed each sales representatives had indeed engaged in unlawful price-fixing. Longfellow was later subpoenaed to testify before a grand jury about the communications he previously had with the regional sales representatives. May he do so?
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YES. Longfellow's communications with regional sales representatives are covered by the A/C privilege. In the grand jury proceeding, L must claim the attorney-client privilege on D's behalf.
A/C privilege covers communications between lawyer and high ranking corporate official, as well as lawyer and corporate client if: 1) employee communicates w/ lawyer at the direct of employee's superior 2) employee knows the purpose of the communication is to obtain legal advice for the corporation and 3) the communication concerns a subject win scope of employee's duties to act for corporation |
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51. Is it true that a lawyer is subject to discipline for depositing client's funds in a interest bearing time deposit account?
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NO.
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52. When lawyer Stillwater agreed to represted the Minnequa Tribe in a fishing rights dispute, the tribe give him a $5,000 advance to cover future litigation expenses. Would it be proper for Stillwater to deposit the advance in his client trust fund account?
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YES.
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53. When attorney A settled a personal injury case on behalf of his client, C, the D sent A a check for $12,000. At the outsef, A and C had agreed that A's fee would be one third of the eventual recovery in the case. When A recived the check, he cahsed it, deposted $4,000 in his personal checking account, and deposited the other $8,000 in his client rust fund account. DId A handle the mater properly?
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NO.
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56. Client C asked laywer L to draft him a new will in which C's dauther would reicve nothing. L was aware that C had conviced daughter to give up her job to return home to care for C in his old age. Suppose L is unable to convice C to change his mind. Would it be proper for L to refuse to draft the new will for C?
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YES.
If retained, need good cause. If rejecting, don't need to worry about causing harm. |
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58. Professors H, L, and J jointry wrote a treatise on the aboriginal cultures of North America. The thee authors were unable to come to an agrement on who should reicve primary credit fo rthe work and on how the publication royalties should be divided among them. Therefore, the three asked attorney Abberman to help them work out a mutually acceptable compromise. May Abberman serve in this role?
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YES. Abberman may serve as a third party neutral. A third party neutral assists two or more non-clients to resolve a dispute between them. Note that the third party neutral must inform all unrepresented parties that the does not represent any of the parties and is not protecting their interests.
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66. Laywer L represnted the P in an utomibile case pending in HI. Plainff's key witness is Werner. Werner lives in Iowa, and she saw the accident while vactioning in Hawaii. May Lerw have his client pay W's airfare, hotel, meal and other expenses incurred in coming back to HI to testify at trial?
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YES. Except when prohibited by local law, it is proper to pay such expnses incurred by a lay witness.
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74. Midway thourgh the tiral of a criminal case, defense lawywer Lucero overheard the prosecutor tell a witness, Listen buddy, if you dont' stick to teh story we rehearsed, you will spend the rist of this century in aprison cell. Lucero was the only person who overheard the prosecutor's threat. May Lucero testify about what he heard and still continue to serve as trial counsel for the defense?
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YES. On the facts given, it is fair to assume that the D would suffer substantial hardship if he were forced to obtain a new lawyer in the middle of the trial. It would be propoer for L to testify and continue as trial counsel.
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75. Does a prosecutor have a duty to assure that criminal suspects are told how to secure legal representation?
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YES. A prosecutor must make reasoable efforts to assure tha the accused is advised of the procedure for obtaining counsel.
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76. When a member of the bar is acting as a lobbyist, and not as an attorney, is she subject to dsicipline for conduct that vioaltes the ruels of legal ethics?
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YES.
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77. Client C hired attorney A to prerestent her in connection with teh sale of a controlling block of stock in C corproation. C authroized A to sell the stock for $30/share, or more if possible. When the lawyer for a prosective buyer telephone A and offered $28/share, Abrbor responded "I'm sorry, but youre not even in the ballpark. It's worth at least $45/share." Is A subject to disciplien for misrepresentation?
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NO. A statement like this one is regarded as mere puffery, a conventional bargaining ploy.
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79. Laywer L agreed to represent P for a 1/3 contngent fee in a personal injury action against D. Lutenger told P that his cliam agianst D was wroth at least $100,000 if settled before trial. The case dragged on for several years, depsite several settlement efforts by the lawyers for the repsective parties. Finally, Prcie became impatient, got in touch with D directly, and agreed w/ D to settle for $50,000. When P told L anbout the setltemnt, L was outraged. He refused to draw up the setltment papers and promptly sent price a bill for $33,333. Was L's conduct proper?
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NO. Adversary contact doesn't apply to actual parties.
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80. Does member of the firm usually mean the same as associate?
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NO.
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81. Is it true that nonlawyer employee of an incorpated law firm may be a sharholder of the firm?
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NO. A non-lawyer cant own interest in the firm.
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88. Is it ture that, because federal judges hold office for life during good behavior, the only way to disicpline them is thorugh impeachment proceedngs?
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NO.
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89. Judge J makes inapropriate sexual remarks about a staff membe.r May the staff member repot J to the appropriate authorities?
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YES.
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90. Atotrney A is a trustee of W college. A frequently appears as cousnel in J's court. When A learned that J's daughter had applied to W, he visited J in his chambers and offered to drive the jduge and his daughter up to the campus for a weekend visit and todo all that he could to make sure that her application was accepted. Amy J accpet A's offer?
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NO.
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91. A judge should nto comply with a subpoena to serve as a character witness, but a judge may appear voluntarily as a character witness. Is this a true tatement?
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NO. The statement is backwards. A judge most not appear voluntary, but may comply with a subpoena.
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92. Judge J regularly eats lunch at a local restaurant that refuses to serve women. Judge J publicly stated, "Why should the restaurant have to change for political correctness" Is Judge JOnes's comment proper?
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NO. (Assuming restaurant is engaged in invidious discrimination)
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93. Justice J is a member of the board of directors of teh American Institute for Mental Health. Institute's endowment fund holds 10,000 shares of common stock of Caregie Steel Corp. Carengie Steel is appellant in a case now pending before Justice Jaurez's court. Appellee in this case is represented by Justice Juarnez's best fiend. Should Justice J hear the appeal?
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NO. Institute's ownerhisp of C stock dose not disqualify J because judge may be a director of a nonprofit org that that org may own securities of a party appearing in a case before the judge. BUT judge must disqualify himself in a case in which his impartiality might be reasonably question. (Friendship w/ attorney)
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94. When she was appointed ot the bench, Judge J was an active memober of the Cascades Club, a covervation group tha tis heavily invovled in enviornmental prptection litigation. The club is a party litigant in hundreds of cases pending around the state, but non of the cases is presently pending in Judge J's court. Would it be proper for Judge J to serve as treasurer of the orgnaiziaton and to engage in public fundraising activities on its behalf?
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NO. A judge shall not serve as an officer of an organization that frequently is engage in adversary proceedings in the court on which the judge sits.
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95. Judge J serves full time as a US District court judge. When his Aunt died, he discovered that she disignated him to serve as attorney for the executor of her estate. Would it be rper for Jduge J to serve in that capacity?
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NO. A full time judge must not practice law.
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96. Justice JEssup and her husband were invited to attend the State Bar Convention in a distant state; Justice JEsup was scheduled to be keynote speaker at the covnetion. May she accept an honorarium for giving the speech, and may she accept reimbursement of the expenses?
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YES.
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97. Laywer Lenox would like to be appointed by teh GOvernor to a municpal court judgeship. Would it be rper for Lenox to contact the Government to make known his interest in the position?
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YES. Because L is a candiate for appointive judicial office, he may communicate with the appointing authority.
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During a brief rec ess in jury deliberations in a criminal case, a juror telephoned an attorney friend of hers and asked for help in understanding a egal concept that was puazzling the jury--the meaning of "beyond a reasonable doubt." Althogh the attorney has never tried a criminal case, he explained the term as best he could, given the circumstances and time constraint.
Is the attorney subject to discipline? A) Yes, b/c he communicated w/ a juror about a pending case B) YEs, becuase the given circumstances and time constrain, his explanation may have been misleading C) No, b/c he has never tried a criminal case and therefore wa snot competent in the field of criminal law D) No, b/c he was not connected with the case. |
A
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A potential client consulted an attorney, hoping ot hire her to rperesent him as plaintiff in a medical malpractice action against his doctor. W/o mentioning the doctor's name, the client described the alleged acts of malpractice and said they happend more than tow years ago. ONly at that point di dthe potential client mention his doctor's name. The attorney immideiately stopped the potential client and said she could not prerensent him b/c she was already represnting the doctor in an ulreated matter, and she urged him to consult another attorney.
Client then waited 15 months, found out about SOL, and sued doctor's attorney for malpractice. Is attorney subject to civil liability in potential client's malpractice case? A) No, b/c attorney did what a reasonably prudent lawyer would do in th ecircusmtances---decline to represnt the potential client and suggest that he consult other counsel. B) No, because the potential client never became the attorne's client and is therefore not a proper plaintiff in a malpractice action against the attorney. C) Yes, because the attorney had no legal or ethical reason to reject the potential client as a client and threfroe had a duty to warn him about the SOL. D) Yes, because a reasonable prudent laywer would ahve foreseen that the potential client might delay in soluting another lawyer. |
A
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A judge servies on a state trial court hat has nine other judges. Her husban is a life insurance salesman for a large life insruance company. The life insruance company is occasionally a litigatn in the cour on which the judge sits. Every eyar the life insruance compnay runs a national sales contest in which the person wh oselss the ost life insruance during the year recives a trip. This year jduge' shusband won.
Was it proper for the jduge to allowe rher husband to accept the prize and take her on the vacation w/o public disclosure? |
Yes, C.J.C. 3.13(B)
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Two years ago, an attorney represented his client when he sold his prperty. Unbeknownst to the attorney, th eclient made some fraudulent statemnts to the buyer about the value of some mineral diposts on the property. The buyer recently discvered the frauds and is now in the attorney's office threating to immediately file a civil fraud suit against both the client and the attorney.
Buyer accuses the attorney of engineering the flrauds and helping his client carryit out out. The only wya that the attorney can convince the buyer that he had no part in th epraud is to tell the buyer a fact that the client disclosed to him in th edeepest confidence when he was owrking on the prperty transaction. May the attorney disclose the fact without the consent of the client? |
Yes, even if doing so will subject his client to civil or crimina liabilit (Don't need to wait until suit is filed)
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An insurance company offers a legal services insruance policy. In return for a yearly preium, an insured iwll be reimubrsed by the insruance company for a specifid aboutfor legal services during the year. Th einsured sleects a lawyer form a lsit of authorized providers supplied by the insurance company. Any laywer who agrees to follow a maxiumum fee schedule set by teh insruance company can become an authroized provider. The insruance compnay solicits insruance sales by in person and live telephone cntact with potentical insruance buyers, working systemetically through local telephone directories.
Will an attorney bu subject to displine if he becomesan authorized povider and recives clients through the insurance company's insurance plan? |
No, becuase the insruance compnay does not spcifically target person whom it knows are in need of legal serivces in a particular matter covered by its insurance plan. See ABA MR 7.3(d)
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A laywer represents a small company within his home state that owns a valuable United States patent. THe company belives that a large coproration in another state is infringing its patent,and for the past three months the samll company's lawyer has been noegitating with the large corporiations laywer. The neogtations have broken down, and the small company has decided to sue for patent infringement.
Venue in an action for patent infirngment is proper in any US judicial district wher ethe D or its agent resides or can constitutionally be served with process. For tacitcal reasons, the small company's laywer wnate venue in his home state. He believes, but is not certain, that the large coproraiton has a branch sales office somewhere in his home state. To find out for sure, he telephones the large corproations headquarters and asks ot speak wiht the corproation's president. Without identifying himself, he asks the president wehre in his home state he can find a sales office for the corproation's products. THe prsident politely tells him the address of the office and the name of the corporatin's head sales agent. Is the small company's lawyer subject to discipline? |
Yes, becuase he talked with the corporation's president about the matter without obtaining the consent of the corporation's lawyer.
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An author wrote a best selling novel based on the life and crimes of John Dillinger, the famous bank robber. The authro sold the movie right sto teh film producer, who promised to pay the author a lump-som royalty of $5 million upon the reslease of the movie. After the producer hired an actor to play the lead role and made other expsnive preparation s for filimg, the autor repudiated the cotnract. The producer hire a laywer to sue the author for a declaratory judgment that the contract was valid and enforceable.
At the producer's request, the lawyer greed to do teh legal work on a cotningetn free basis. If the producer wines, the laywer will be paid 1.75% of the gorss receipts from the move, but if the producer loses, teh laywer will be apid nothing. The producer and the laywer entered into a written fee agreement that cotains all the details required by the rules of legal ethics. Is the fee agreement proper? |
THe fee agreement is proper, even though it gives the laywer a personal interest in the subject of the litigation. The rule against acquiring a persona linterest in the subject of litigation has an excpetion that allows a laywer to represent a client for a contingent fee. ABA Model Rule 1.8(i)(2)
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For many years a laywer has done business transactions work for a wealthy client. The client was recently injured in an auto crash, and she has asked the laywer to represent her as a P in an action against the driver who injured her. The laywer has takne some businesses case to trial, but he has never handled a personal injury case. Which one of the following would be an improper way for him to do so?
A) Take the case and with client consent associate a competent co-counsel B) Refer the client to a compotent personal injury laywer and charge that laywer a forwarding fee C) Refer client to a copetent personal injury laywer and charge the client a reaosnable sum for the time spent in making the referal. Take the case and, with the client's consent, undertake additional research to bring himself up to seed in teh field of personal injury law. |
B) Can't have a forwarding fee. MR 7.2
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An attorney is a voting member of the legislatiion committee of a consumer based law reform group that drafts and advocates the passage of propesed statues on food safety. The law reform grup is currently debating a draft statute that sets quaity and safety standards for grwoth hormones, administered to chickens, turkeys, and other poultr.
THe attorney is also engaged in the private practice of patent law. She regularly reprsents a biotechnology firm. Using the techinques of genefitc engineering, the biotechnology firm invents, develops, and sells a variety of patented growth hormones. The attorney herself has obtained patents on someof these hormones for teh biotech firm. IF enacted into law, the law reform group's propsed staute on poultry hormones could materially increase the biotech firm's hormone sales b/c it is th eonly firm whose hormones would meet hte staute's quality and safety requriements. Would it be proper for the attorney, as a mameber of the law reform groups legisltion committee, to particiate in teh debate on, and to cast her vote on, the proposed stautte? |
at she informs the ligsation committee that she represnts an unnamed client whose interests could be materially benefited by the statute.
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Can a judge testify at a legislative hearing about the interpretation of a statute regarding the marital communications privilege?
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Yes, because ajudge may engage in activites designed to improve the law.
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Attorney has the following signe: "Professional Corp-Attorney at Law Corporate and Business Law, Tors and Domestic Relations"
Attorney has one laywer employee, who was admitted to proactice two years ago. Attorney pays salary plus 60% of the fees collected in cases the employee handles by herself. Attorney has a gneral business practice and is not a certified specialist. When a client needs rep in tort or domestic, employee-attorney handles it. Attorney also does not supervise employee on every step she akes. Is the attorney subject to discipline? |
No, becuase the employee is alwyer-employee of teh attorney.
She and attorney are allowed to split fees and she is allowed to state what fields she practices in (didn't say she was a specialist!) |
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An elderly widower has one living child, a daughte.r The widower's main asset is a 51% partnership interest in a wealthy real estate syndicate that owns and operates mobile home parks throughout the state. The daughter's husband is an attorney. One of the husband's regular clinets asks the husband to represent him in negotiating the sale of 3,0000 acres of roadside property to the real estate syndicate. The real estate syndicate si represented by its own lawyer in the matter.
May the husband represent his regular client in a sale with the real estate syndicate. |
Yes, but only if the client gives informed, written consent.
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An attorney and a licensed real estate developer, a nonlaywer, created a partnership to serve people who want to invest in commercial rela estate. The real estate developer finds promising commercial real estate projects, brings together grups of investors, and works with local palnning authoritis to gain approval for the projects. The attorney adrafts the legal documents for the projects, assists the investors withthe legal techncialities, advises the infestors on their tax liabilities, and does whatever legal wok the investors need in connection with management and operation of the projects. The attorney and the real estate developer charge the investors a single fee for their work, and they divide the partnership profits 50/50. Is the attorney subject to discipline?
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Yes, because the attorney nd real estate developer are partners in the business.
5.4(b): A lawyer is prohibited from entering into a partnership with a non-lawyer if any of the partnership activities constitutes the practice of law. |
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A bank and trust company maintains a list of approved estate and trust laywers as a service to their customers who seek advice on estate palnning matters. When a young laywer opened her trust and estae practice in town, she aksed other laywers how she could get on the bank's approved list. They expalined that the bank listslaywers who alwys name the bank in wills and trust agreements they draft for clients who need an institutional executor or trustee. The bank is one of the most stable and reputable banks in the state, and its fees for executor and trustee services are competitive with those of similar institutions. In light of what she has told by other lawyers, may the young lawyer seek to have her name included in the bank's list?
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No, because a tacit condition of being on the list is lays to name the bank as executor or trustee.
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A laywer regularly represents a manufacturer of electric kitchen appliances. One morning the president of teh amnufacturing compnay called the laywer and asked if the laywer had seen the newspaper story about a woman who was electrocuted when she opened the door of her dishwasher. The company president stated that he believed the dishwasher was onet hat his company had manufactured. The company president also stated that he found some quality control records from that period which reflected that some dishwasher lef tthe plant wihtout prper testing. He continued that the records should have been shredded, but somehow had been overlooked, and said he intended to send the records to the shredder immediately unless the lawyer told him that he could not. Must the lawyer advise the president to keep the records?
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Yes, because the records have potential evidentiary value if the company gets sued.
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A lawyer practices environmental law. He also happens to be one of the nation's leading experts on the environmental effects of filling wetlands. The state legislature has scheduled hearings on a bill to prohibit the filing of wetlands surrounding a bay. One of the lawyer's regulatory clients is a development company, which owns developmental rights to some of the wetlands in question.
The development compnay wants to fill its wetlands so that it can build low cost housing. The development company hired the laywer to appar as a witness at the leg hearings and testify in opp to the ban on wetland filling. Laywer appeard as a witness, identified himself as an expert, and testified vigorusly against legislation. Was the lawyer's conduct proper? |
No, unless he informed the legislators that he was appearing in a representative capacity. ABA 3.9
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A lay professor was slected as a neutral arbitratior of a boundary line dispute etween an eldery couple and the coulbe's next door nighbors. THe layw professor deicde dthe matter in favor of the elderly copule. Shoftly thereafter, teh law professor quit his teaching positon and entered private law practice. The elderly couple's next door nighobrs brough suit to have the arbitration award set aside. The elderly couple asked the law professor to represtn them in the suit. If the law professor takes the case, will he be subject to discipline?
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Yes, because his earlier service as neutral arbitration creates a conflict of interest.
ABA 1.12 (a) |
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Can a judge admoish juror that they failed their duties?
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No, judge can only express appreciation for their service.
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A client lives in State A and is a reuglar client of an attorney who is admitted to practice only in State A. When the client was on vacation in distant State B, she was injured in a car accident caused by a residnet of State B. The client hired the attorney to rprestn her in a civil action against State B driver. For reasons of jursdicitonand venue, the case had to be filed and tried in State B. GThe written fee agreement between the clietn and the attorney provided that : 1) attonry would assume full responsiblity; 2) client would pay attorney 40% of the net recoery after deduciton of litgiation; 3) Attorney would associate a state B laywer to serve as trialc ounsel in State B; 4) State B would assume responsiblity only for his owrk as trial cousnel; 5) Attorney would pay the State B attorney an apprirpate prtion of the 40% fee.
Is this agreement proper? |
No, because the share that each lawyer will receive was not disclosed in the written fee agreement.
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If an attorney is emotionally distraught, may he refuse to work for the client? Does this qualify as a mandatory or permissive withdrawal?
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Yes. Mandatory.
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Attonrey general has noticed depositons of dozens of mraine supply company's employees. Meets iwth one of them. Employee admits to bribery.
What should the attorney do (as the attorney hired for the corproation? |
Withdraw from the case and kep the employee's statemetn in confidence. ABA 1.13
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A hollywood move prodecure was charged under a criminal statue for unfair trade practice, and now faces a civil claim under the same statute. The producer retains an attorney to rperesnt him in both suits. The attorney is a ntioanlly known defense attorney who has represented many famous people. Most recently he defended a celbrity in a notorous murder case that held the country rapt for several weeks. The attorney explains to the prodcuer that the rep is very comples and would take a majroity of his time for several months. Given the attorney's steep hoursly rate, the prducer's legal fees would liley be around $1million. The producer is short on cash and makes the following proposal: If the attorney will represent him in both the civil and crimianl suit, the producer will prodcue a movie base don teh attorney's most famous past cases, told from teh attorney's viewpoint. The attorney would have complete creative control and would be entitled anyting from $0 to $1mil. The producer had his peronal attorney droaw up a propsal to this effect and submitted it to the attorney.
Is this proposal proper? |
Yes, but only if the ulitmae amount apid to teh attorney is not excsseive lin light of the wrok done.
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If a prospective client comes in and discusses information about patent infringlment, all of which is poublic information, is the coversation covered by the A/C? Duty to confidentiality?
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No and no. The priopr conversation between the attorney and the bioengeiner firm's reps did not involve confidential info. MR 1.18
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Criminal defense lawyer Lenox agreed to represent D at trial for arson. Lenos and D orally agreed on the following attorney fee arrangment: If D were acquitted, fee would be $35,000. IF D were convicted of any lesser offenses the fee would be $5,000. IF D were convicted of arson, the fee would be $500. L agreed to advance all litigation expenses, subject to D's promise to repay L whatever the outcome of the case. What violations are made?
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1. L is subject to discipline for not putting the fee agreement in writing.
2. It was proper for L to agree to advance the litigation expenses. 3. L is subject to discipline for charging a contingent fee in a criminal case. 4. It was proper for L to require D to repay the advanced litigation expenses whatever the outcome of the case. |
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Lawyer L is admitted to practice only in Kentucky. He regularly represents Holiday Hotels, INc., a Kentucky corporation with its principal offices in Lexington. Holiday was sued for trademark infirngment oin Oregon, and Holiday asked Leland to oversee the case and to select appropriate Oregon counsel to do the trial work. With holiday's approval, Leland selected Oregon attorney Alvarez,a and Alvarez paid Leland $1,000 for the referral. Leland oversaw all of the work in the case, and he conducted all of the discovery that took place in Kentucky. Alvarez conducted all of the discovery that took place in Oregon, and he prepared the case for trial and served as trial counsel. At the conclusion of the case, L and A submitted separate bills to Holiday for their respective services. What was correct in their conduct? What rules did L and A violate?
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It was proper for L and A to bill Holiday separately, assuming each bill was reasonable in amount.
A is subject to discipline for paying L $1,000 for the referral, since the two lawyers shared the work and responsibility for the case. |
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A rperesnt Client in a suit to compel specific performance of a K. Canfield contracted to purchase Thunderbolt, a thoroughbred race horse, from D in exchange for $1.5 mil. woth of corproate bonds owned by C. C transferred the bonds to Dennis, but Dennis refused to deliver Thunderbolt. Two months before the scheduled trial date, C gave Ayers the following instructions: "I am leaving tomorrow on a six-week sailing trip though the South APacific, and you will not be able to reach me by any mans. IF D makes any reasoanble settlment offer before I returned, please accpet it, but try to get the horuse if you can. D's laywer called A and said Denis wants to cpitulate: He will either retun the bonds or he will turn over Thunderbolt. He insits on an immediate reponse, so call me back this afternoon. Ayers elives that in gooth faith Thunderbnolt is a tired nag, worth far less than $1.5 mil. Further, Ayers discovers that it will cost nearly $1,000 to keep Thunderbolt in a safe, bonded stable until Canfield's return. What is the proper course of action?
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Get T and house him in the safe, bonded stable at C's expense until C returns.
Why? "Try to get the horse if you an:" C sued for specific performance Must follow client's instructions on settlement offers. |
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Can third party neutrals serve as an attorney for either party? Or a lawyer at the firm?
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The attorney cannot represent either party. However, the partner can IF AND ONLY IF the partner is timely screened, does not share in the fee, and the other parties are notified in writing.
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Does a JAG officer, or any other agent of the Federal government who is an attorney, have to be admitted in the state where they are practicing law?
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No. MR. 5.5(d)
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May a firm accept an appointment from the new attorney general to represent the state in a condemnation case if the firm has donated to the attorney general?
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No. MR 7.6 prohibits a lawyer or law firm from accepting an appointed legal engagement if the lawyer or law firm makes a political contribution for the purpose of obtaining or being considered for that kn dof legal enggement.
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Can a person who is licensed as a real estate agent and a lawyer operate a single practice with both services?
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No.
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Client asks Lawyer to draft a will for a widow because he feels bad he killed the husband. Client commits suicide. Prosecutor now is charging an innocent man with this crime. May the lawyer voluntarily offer what the client told him?
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Yes.
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May a lawyer ask someone other than the client to refrain from speaking to the opposing party?
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Yes. Ex. attorney may ask client's accountant in a fraud case to refrain from talking UNLESS subpoenaed.
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Corp C hired Firm in 1995 to assist with a corporate restructuring. Firm also helped to draft several employment K's for high-ranking executives. Firm's representation of Corp C ceased. In 2002, Client approaches Firm, wishing to be represented in a personal injury matter against Corp C. Would the ethics rules allow this?
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Yes, the Firm can represent the Client because there is not a substantial relationship between the two representations.
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What was the holding in In Re Primus?
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A lawyer may solicit clients in person if it is to further political or ideological goals and not for pecuniary gain.
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Can a lawyer ask for a jury in a disciplinary proceeding?
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It depends. It is within the discretion of the bar committee whether to grant his request, but there is no constitutional right.
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A woman is about to get her home foreclosed. Her attorney feels bad and loans her money. Is the attorney subject to discipline?
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No, because there is no pending/potential litigation. However, business transaction rules applies. (MR)
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