Exam 2: Ethics

Under the Model Rules of Professional Conduct, a lawyer can be responsible for the conduct of a paralegal in which of the following situations?

Complete the following sentence from the Model Rules: "A communication is false or misleading if it contains ____________________________________, or _________________________________________________________________."

An estate planning attorney met with an elderly widow who wanted to create an estate plan for her modest estate comprised of a suburban home, a sizeable savings account, and an annuity. The 78-year-old woman was lucid and quite intelligent, but did not have much experience with financial matters. After a lengthy discussion, the attorney and the woman agreed upon an estate plan and set an appointment one week later for execution of the will and other documents. When the date for the execution arrived, the woman brought her three adult children to the meeting. Two of her children were married, and their spouses also attended. During the meeting, the group was quite talkative and the entire group discussed the will. After a while, however, the attorney noticed that the woman had stopped speaking, except to say occasionally that she wanted to satisfy everyone. The attorney then asked if he could speak with the woman alone, and the others left the room. The attorney explained to the woman that how the will was structured was entirely her decision. The attorney and the woman then spent thirty minutes discussing several questions raised by the woman, and the woman seemed satisfied with every explanation of the attorney. The attorney and the woman then agreed that the will, as drafted, reflected her wishes for the distribution of her estate. The children and spouses then returned to the room, and the will was signed. Sometime later, one of the children filed a bar complaint, claiming that his mother did not understand the will. Will the attorney be subject to discipline by the bar?

In most states, a non-lawyer paralegal's name may NOT be included on or provided by which of the following?

What must a lawyer do if the lawyer learns that the lawyer's client or a witness called by the lawyer gave false evidence?

An attorney is representing the defendant in a personal injury case. She deposed a third-party witness about the witness's knowledge of the plaintiff's physical condition and current abilities. The witness, who is a friend of the plaintiff, testified that he saw the plaintiff slip and fall in the defendant's warehouse while making a delivery and that, since then, he has seen the plaintiff with serious back pain on several occasions. The attorney believes that the witness is lying, but has not obtained any evidence to the contrary. The attorney's paralegal calls the witness on the telephone and claims to be an accident investigator from the union to which both the plaintiff and the witness belong. The paralegal then begins asking questions about the incident at the warehouse, and the witness says that the plaintiff was injured in the fall, but has been to three doctors who all say he has fully recovered. The paralegal then gets the names of the three doctors. Has the paralegal violated any rule of professional conduct?

Under the Model Rule on the responsibilities of partners, managers, and supervisory lawyers, a lawyer with supervisory authority over another lawyer must ____________________________________________.

A paralegal works for a family law attorney. The attorney represents a husband in a very bitter divorce case. The husband, who is a very successful businessman, is upset because the judge ruled that the wife is entitled to a $500,000 interest in the husband's business. One day the husband returned a called to the paralegal. Although the paralegal only needed to speak about the transfer of title to a vehicle, the husband started expressing his anger toward the wife. The husband started yelling and said he was going to "finish her off," referring to his wife. The paralegal knew the husband sometimes carried a firearm and was concerned for the safety of the wife. The paralegal then informed the attorney of the husband's comments during the call. Does the ethical rule on confidentiality prevent the attorney from taking any action?

An attorney employed a paralegal in the attorney's real estate transaction. Among other duties, the paralegal was responsible for overseeing the process of having deeds, notices, and other documents recorded with the county recorder. The county recorder implemented a new process for electronically recording documents and required many businesses that regularly record documents (including law firms) to switch to electronic recording. The county recorder also offered free seminars and training in the electronic recording system, but could not afford to operate a help desk. The attorney did not make time for the paralegal to attend the free seminar and training, and when electronic recording was implemented, the firm could not record documents for several weeks. The attorney's conduct failed to follow which of the following guidelines for utilization of paralegals?

After five years with a small three-attorney law firm, a paralegal accepts a position with a twenty-attorney firm that employs ten paralegals. After starting the position, the paralegal notices that her name has been added to the firm's letterhead. All of the other paralegals are also listed on the letterhead, and each one is clearly identified as a paralegal. Has the firm violated any ethical rule by listing the names of the paralegals on its letterhead?

A lawyer represented a client in a case involving a contract dispute. The lawyer was successful in showing a breach of contract by the defendant and asserted a claim for attorneys' fees under the contract. The defendant did not dispute that the plaintiff was entitled to attorneys' fees, but argued that the lawyer overcharged his client since the work performed was not worth the amount charged. At the hearing on the motion for attorneys' fees, the defendant's attorney called the plaintiff's lawyer as a witness. Can the lawyer testify in a case in which he is representing a party?

An attorney had been practicing in criminal defense for eight years-ever since he graduated from law school and passed the bar-and had handled many difficult and complex trials. Two years ago, he has saved enough money to start investing and hired a stock broker. Three weeks ago, the attorney learned that his stock broker had been injured in an accident. After speaking with the broker, the attorney agreed to handle the broker's personal injury case and a written fee agreement was signed. Now, the attorney is renewing his advertisement in the Yellow Pages. He changes his advertisement to read: "Criminal Law and Tort-Personal Injury, Experienced Trial Lawyer, Contingent Fee in Personal Injury Cases." Has the attorney violated any Model Rule?

Jill is a paralegal who works for Sam. Sam has been handling a large commercial litigation case, and has been very pleased with the paralegal services that Jill has provided on the case, including assistance preparing for and attending most of the hearings. Sam has another hearing on Tuesday at 10:00 a.m. and has asked Jill to attend and assist with set up prior to the hearing. Sam also had a dentist's appointment earlier in the morning, but the dentist's was behind schedule. At 9:50 a.m., Sam called Jill on her cellular telephone and told her he was going to be at least ten minutes late. He then told her to sit at the counsel's table at the beginning of the hearing, and when the judge asked for counsel to introduce themselves for the record, Jill was to identify herself and inform the court that Sam would be late. Jill did as Sam asked. Did Jill engage in the unauthorized practice of law?

A paralegal was laid off during the recent economic downturn. Resentful that attorneys were still charging exorbitant fees and that very few associates were laid off, the paralegal joined an online service for individuals seeking freelance work. On this website, individuals seeking work bid on jobs posted by others seeking to hire someone. The paralegal sees several jobs posted that seek the assistance of a paralegal, but none of these "employers" state that they are licensed attorneys. In fact, in some cases, the "employer" clearly is not an attorney. Nonetheless, the paralegal is certain she can adequately and professionally complete each of the jobs posted. If the paralegal bids on and is awarded one of the jobs, can the paralegal accept the job and complete the work?

Which of the following is NOT an exception to the rule on confidentiality under the Model Rules?

Which of the following describes a situation that falls under an exception to the rule on confidentiality under the Model Rules?

A parent had a child who was suffering from leukemia. Several other parents in the same small town had children with leukemia or other diseases, and at least one other child had died. The parent hired an attorney in a mid-sized town twenty miles away because she believed that a chemical refinery in the small town was contaminating the groundwater. The parent called the attorney at least once a month for two years, but the lawyer has still not investigated the case. Only once during the two years did the parent actually speak to the attorney, and then all he said was, "These things take time." The attorney could be subject to discipline for which of the following?

Paula Plaintiff hired Alex Attorney to represent her in a personal injury suit. As the parties are about to complete the discovery process, Alex confers with Oliver Olafsen, who represents the Danny Defendant. Oliver states that he believes the case can be settled for $25,000. Alex immediately rejects the suggestion without any explanation. Which of the following actions would be improper for Oliver to do?

Which of the following is NOT a factor to be considered in determining whether a lawyer is competent to handle a particular matter?

Under the Model Rule on fairness to opposing party and counsel, a lawyer may NOT do which of the following?