Exam 2: Ethics

A paralegal worked for a mid-size law firm. One of the partners practiced extensively in collections, including collection work involving debtors who have defaulted on auto loans. The paralegal was involved in many aspects of the collection work, such as drafting complaints, applications for default judgment, and occasionally had direct contact with a debtor. In one case, after the complaint had been filed and served, and the defendant failed to file an answer, the paralegal drafted an application for default judgment. After review by the attorney, the application was filed and a copy served on the debtor. Two days later at 4:45 p.m., the debtor showed up at the law firm and spoke with the paralegal. The debtor handed the vehicle keys to the paralegal, pointed out the window, and said, "There's the car. I can't make the payments, so I'm giving it back-per the loan agreement." Can either the lawyer, or the paralegal accept the return of the vehicle?

Existing case law on the unauthorized practice of law has prohibited paralegals from performing which of the following activities (unless under the supervision of an attorney)?

If a lawyer's paralegal discovers a document produced by the client, and the document is likely to completely destroy the client's case, will a violation of the Model Rule on fairness to opposing party and counsel occur if the lawyer instructs the paralegal to destroy the document?

After being charged with assault arising from a bar fight, a client contacted an attorney about retaining his services. The attorney offered to represent the client for $175 per hour if the client paid a $5,000 retainer that the attorney would bill against. As part of the offer, the attorney stated that he would "discount" the hourly to $110 per hour if a plea agreement was reached that required less than one year in confinement. Why is the fee agreement a violation of the Model Rules?

If a lawyer's fee is contingent on the outcome of a case, the contingent fee agreement must ___________________.

A lawyer met a potential client to discuss the client's situation. The potential client was the daughter of an alleged mobster and was concerned that she was about to be indicted by a grand jury. The potential client's father had terminated her access to all bank accounts, and she had few other resources. The potential client then stated that she intended to write a book about her experience as a mobster's daughter and that she would agree to pay the lawyer by giving him a forty-percent interest in the literary rights to the book. Can the lawyer accept the literary rights to book as his fee for representing the potential client?

A paralegal must seek to maintain integrity and a high degree of competency in which of the following areas?

A paralegal works for senior partner in a mid-size law firm in Portland, Oregon. The attorney represents a company based in Portland that does business in several western states including California. One of the company's suppliers, which is based in Los Angeles, sued the company for breach of contract. Under the contract, the parties had agreed to arbitrate any dispute before the American Arbitration Association, with the arbitration to take place in Los Angeles. If the senior partner is licensed in Oregon, but not in California, can the senior partner represent the company at the arbitration in Los Angeles?

An attorney represented a client in a case against the client's insurance company, which had denied the client's claim under her homeowner's policy. In her deposition, the client testified that she had sent in the premium check on October 25 (five days before the payment deadline) and made a notation on the premium statement indicating the check number and date of payment. The insurance company claims the payment was not made until December 1, after the November 20 fire that damaged part of the client's home. One month later, the client called the attorney's paralegal and told him that she had not made the payment until November 30. The client further stated that she backdated the check and wrote the false notation on premium statement. What action, if any, must the paralegal's attorney take under the Model Rules?

Under the Model Rules, is a lawyer's representation of a client considered an endorsement of the client's political, economic, social, or moral views or activities?

A sole practitioner was handling the appeal of a case involving a wrongful death claim. While researching and drafting the opening brief, the attorney relied heavily on the legal research, writing, and citation skills of his paralegal. To acknowledge the contribution of the paralegal, the lawyer added the following immediately following the attorney's signature block: Penny Smith, Paralegal, Participating on Briefs. Can the acknowledgment of the paralegal's contribution be added to the brief?

An attorney had been practicing in criminal defense 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 taxicab hit a bicyclist. The attorney stopped to see if he could render assistance and recognized the bicyclist as his stockbroker. Today, the stockbroker contacted the attorney, and the broker hired the attorney to represent him in a personal injury claim. Under the Model Rules, what rule prevents the attorney from representing the broker?

Under the Model Rule of Professional Conduct regarding fees, "[a] lawyer shall not make an agreement for, charge, or collect ____________________________."

Under the Model Rules, all communications advertising an attorney's services must include which of the following?

An attorney represented a plaintiff in a personal injury suit, and a certified paralegal was employed by the attorney and worked on the case. The case involved an automobile accident in which a car driven by the defendant collided with the plaintiff's car. The defendant's wife had been in the defendant's car and was a witness. The attorney did not like the attorney who represented the defendant. The plaintiff's attorney and the defendant's attorney had been opposing counsel on several other cases, and the plaintiff's attorney believed that the work of the defendant's attorney had been second rate (and not worth the $600 per hour he charged). To annoy the defendant's counsel, the plaintiff's attorney instructed her paralegal to include in the request for production of documents a request for any documents reflecting communications between the defendant's wife and a named third person. The attorney believed the wife and the third person were having an affair and thought the communications might discredit the wife at trial. Is the plaintiff's attorney subject to any disciplinary action?

An attorney had been practicing in family law for five years, but he decided to expand his work by accepting personal injury cases. After several seminars to refresh his knowledge of torts and personal injury law, the attorney accepted a client's personal injury case arising from a car-pedestrian accident. After the defendant's insurance company rejected the claim, the attorney filed a lawsuit. Three weeks later, the client was hospitalized with severe pain, and his doctors determined the client had an infection that resulted from emergency room treatment immediately after the car-pedestrian accident. After learning of this development, the attorney immediately filed suit against the emergency room doctor, and neither discussed the case with his client, nor investigated any facts. What Model Rules has the attorney violated?