Exam 2: Ethics

A lawyer for a plaintiff was becoming very frustrated with the defendant's attorney. The lawyer represented the plaintiff in a personal injury suit, and the defendant's attorney regularly asked for extensions. First, the defendant's attorney asked for an extension of time to file an answer; then, instead of an answer, the defendant filed a motion to dismiss; then, when the motion was denied, the defendant filed an answer, but requested a discovery schedule that allowed more than two years for the completion of discovery; then, the defendant twice asked for an extension of time to respond to a request for production of document; and then, three times, the defendant rescheduled the defendant's deposition. Later, the defendant asked for an extension of time to respond to the lawyer's motion for summary judgment, and two weeks before trial, the defendant requested that the trial be rescheduled to a later date. When asked why the delays were necessary, the defendant's counsel often responded that either he or his client was too busy or that he or his client had vacation plans. Is the attorney subject to any (potential) disciplinary action?

A paralegal worked for a three-attorney law firm. As a long-time employee of the firm, the paralegal had become acquainted with many of the firm's clients, including representatives of several corporate clients. After several years driving the same car, the paralegal decided it was time to purchase a new car and began visiting dealerships. One of the firm's clients was a car dealership, and she stopped by the client's premises to look at cars. While at the dealership, the owner and president of the dealership recognized her and offered to give her a fifty-percent discount on a brand new car. Can the paralegal accept the offer without doing anything further?

An attorney practices in estate planning and probate. Six months ago, the attorney completed his representation of the executor of a probate estate, and the probate closing statement was filed. Today, the executor contacts the attorney's paralegal and, during the conversation, admits that he hid certain assets of the estate (total value, $1,000) so he could keep them. What, if any, obligations does the paralegal's employer have under the Model Rules?

Under the Model Rules, a lawyer may not knowingly: (1) make a false statement; or (2) fail to disclose a material fact when necessary to avoid assisting in a crime or fraud. Which of the following is NOT a false statement under this rule?

Which of the following correctly describes the responsibilities of a subordinate lawyer under the Model Rules?

Elaine is a paralegal who works for the county prosecutor's office. Elaine works with Peter, who is prosecuting a high-profile case involving a defendant charged with a series of jewelry-store burglaries. One day at the office, Peter stated that he thinks he can present a strong case against the defendant if the defendant's prior convictions in another state can be admitted. Several weeks later, and approximately twelve days before jury selection is set to begin, Elaine is at lunch and runs into a reporter who is also an acquaintance. The reporter asks about the case against the defendant, and Elaine responds by saying the prosecutor has a strong case because of the defendant's prior history. Has Elaine engaged in conduct that is contrary to an ethical rule?

Jane is an attorney at a mid-size law firm and represents Maxwell Riding Mowers (MRM), which manufactures riding lawn mowers. The president of MRM calls Jane one day and tells her about a newspaper story involving a riding lawn mower that caught on fire and injured the person operating it. The president believes that MRM manufactured the riding lawn mower over three years ago. He also stated that he discovered business records showing that a number of lawn mowers manufactured by MRM left the factory without a safety inspection. The riding lawn mower in the newspaper story was manufactured about the time of the safety inspection records. The president then tells Jane that MRM routinely destroys safety inspection records after three years and that he intends to destroy the records he found, unless Jane says otherwise. Ethically, can Jane advise the president to destroy the records?

Which of the following correctly describes a lawyer's obligation regarding the reporting of professional misconduct?

A family law attorney was representing a wife in a divorce case. The jurisdiction required that each party prepare and file certain forms to disclose all relevant financial information. The attorney assigned the task of drafting the forms to a paralegal, instead of an associate in the office, because she knew that the paralegal had more experience with the forms, and because she needed the associate to draft a motion. The paralegal can perform the task if ____________________________________.

A certified paralegal must be familiar with __________________________.

An attorney had been practicing in personal injury law for eight years and had handled many difficult and complex trials. One week ago, the attorney was on his way to work when he witnessed a truck hit a pedestrian. The attorney stopped to see if he could render assistance and recognized the pedestrian as his stockbroker. A few days later, the attorney called the broker in the hospital, and during the conversation, the attorney offered to represent the broker in a personal injury claim. Did the attorney's call to the broker violate any Model Rule?

Model Rule 1.8(e) prohibits lawyers from providing financial assistance to clients. Which of the following describes a situation that is recognized as an exception to Model Rule 1.8(e)?

A certified paralegal worked in the litigation department of the Sakarov Law Firm. During that employment, the paralegal was heavily involved in several cases defending Mountainside All-Terrain Vehicles, Inc. against product defect claims arising from a brake problem. Three months ago, the paralegal took a job at the Hikado Law Firm, which handles plaintiff personal injury suits. Today, a conflict checking form was sent to all attorneys and paralegals in the Hikado Law Firm regarding a potential client and a claim against Mountainside All-Terrain Vehicles based on a faulty brake system. The paralegal sees the conflict check form, recognizes the name of the defendant, but says nothing. Has the paralegal violated any ethical or professional conduct rule?

After being charged with assault arising from a bar fight, a client contacted an attorney about retaining her services. The attorney and the client agreed to an hourly rate of $150 and a retainer deposit of $5,000. The attorney then presented the client with her standard representation contract. The contract provided that the client waived all right to sue the attorney for professional negligence and that the client "read, understood, and agrees" to all terms and provisions set forth in the contract. Why is the contract a violation of the Model Rules?

A family law attorney has a very busy practice. She spends considerable time preparing for and in several court appearances each week, and she spends much of the rest of her time meeting with new clients and supervising paralegals and associates on various aspects of each case. Many of her clients complain, however, that she does not return telephone calls and the paralegals and associates often take calls from clients who are dissatisfied with the attorney's failure to return telephone calls. Finally, one of her clients files a bar complaint. Is the attorney subject to discipline for failure to return telephone calls?

An attorney is representing the plaintiff in an environmental law case. She deposed a third-party witness about the witness's knowledge of the defendant's use of the property for storage of chemicals used in a tanning operation. The witness, who is a friend of the defendant, testified that he was employed by the defendant in the tanning operation and that the defendant's environment safety procedures always exceeded government regulations. 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 the witness belongs. The paralegal then begins asking questions about occupational safety and hazardous waste at the tanning operation, and the witness says that chemicals were spilled on at least two occasions inside the plant and that byproduct chemicals were sometimes dumped in the field behind the plant. When he heard about the paralegal's call, the attorney is pleased and said, "Good job." Is the attorney subject to any disciplinary action for the paralegal's conduct?

Which of the following obligations apply to a prosecutor in a criminal case?

A lawyer at a law firm called a paralegal at another law firm. The lawyer wanted to find out if the other law firm represented a certain person. The lawyer, who knew the paralegal, brought up the name of the person and eventually asked if the other law firm represented the person. The paralegal responded by saying that the firm did represent the person. Has the paralegal violated any ethical rule?

Under the Model Rule on fairness to opposing party and counsel, a lawyer is NOT prohibited from which of the following?

A lawyer and her paralegal met with a client to discuss the client's estate plan. After the meeting, but before the client left, the lawyer, the paralegal, and the client began discussing the prospects for the Chicago Cubs in the upcoming baseball season. A week later, the client's daughter called the paralegal and began asking questions about the meeting with the client. The daughter wanted to know the client's plan for distributing his estate. The paralegal explained that he could not disclose anything related to the representation of the client. The daughter then asked, "Well, is there anything you can tell me about what you discussed with Dad." The paralegal responded, "Yes, we discussed the prospects for the Cubs this season." Did the paralegal violate the confidentiality rules?