MPRE Flashcards
An attorney represented both the owner of an art gallery and a publisher. The gallery owner and the publisher each made a practice of paying the attorney’s fees in cash. The attorney received separate cash payments from the gallery owner and the publisher on the same day. Each payment consisted of ten $100 bills, which the attorney immediately deposited in her bank account. One week later, the attorney was contacted by United States Treasury agents, who informed her that four of the bills had been identified as counterfeit. The agents did not accuse the attorney of knowingly passing the counterfeit money but asked her who had given her the bills. The attorney was subpoenaed to testify before a grand jury and was asked who could have given her the counterfeit money.
Is it proper for the attorney to provide the grand jury with the names of the gallery owner and the publisher?
Yes, because negotiation of a counterfeit bill is a criminal act.
Yes, because under the circumstances neither client’s identity is privileged.
No, because counterfeiting is not a crime that involves an imminent threat of death or serious bodily harm.
No, because the attorney has no way of knowing which of the two clients gave her the counterfeit bills.
Answer option B is correct. Under Rule 1.6(B)(6), the attorney may provide client confidences in response to a grand jury subpoena unless the information may be protected by the attorney-client privilege, in which case the attorney must assert the privilege unless the client waives it. In this case, the clients’ names are confidential under Rule 1.6 but are not protected by the attorney-client privilege. The privilege covers only confidential communications between a client and a lawyer. It does not cover clients’ identities unless disclosing their identities will implicitly reveal their confidential communications, which is not the case here.
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.
Is the attorney subject to discipline for the foregoing?
Yes, because by sending out the newsletter the attorney is giving legal advice to persons who are not his clients.
Yes, because the attorney is assisting the bank in the unauthorized practice of law.
No, because no charge is made for the attorney’s advice.
No, because the attorney is a member of the bar.
Answer option B is correct. A bank may not provide legal services to its customers through a salaried lawyer because banks are not authorized to practice law. By providing these services, the attorney is assisting the bank in the unauthorized practice of law.
- asistants and paralegals paid by salray or hourly wage only - no percentage of fees.
- Cannot have nonlawyer partners owners or shareholders of firms.
- All owenrs of lawfirms must be lawyers.
The attorney may do legal work for the bank, but may not do legal work f
Can you share fees with non lawyers? What are the exceptions?
NO! Generally cannot shares fees with non lawyers. The exceptions are:
1. The Death Benefit Exception: exception: death benefit exception: an agreement by a lawyer with the law firms, the lawyer’s firm partner, or associate may provide for the payment of money over a reasonable period of time after the lawyers staff to the lawyers estate or to one or more specified persons. If you’re a partner in the firm, if you left that firm you would have to cash out and the firm would have to buy out your share to leave the partnership because you are a co-owner of the firm. So what happens when a partner dies, they’re estate technically becomes the owner of their share until it’s cashed out and so the firm can pay whatever was outstanding that was owed.
2. Retirement Exception: a lawyer or law firm may include non lawyer employees and a compensation or retirement plan even though the plan is based in whole or in part on a profit sharing agreement. You can set up a retirement plan where you contribute a share of the firm’s fees into the plan itself so that everybody’s retirement benefits grow.
3. Non-Profit Excpetion: Can share fees with non profits.
What statement can and cant be said about candidate running for judges?
False public statements about a judicial candidate’s qualifications are improper, but not all public statements about judicial candidates are improper. On the contrary, honest and candid opinions are encouraged under Rule 8.2.
Cannot make statements with malice (knowingly making a false statement)
Authroized to make opinions that promote the administration of justice
goverment lawyer representation
a lawyer who was formerly employed by a government agency may not later represent a client “in connection with a matter in which the lawyer participated personally and substantially” as a public employee, unless the government agency consents
May a lawyer provide limited represenation?
YES! A lawyer and client may agree to limit the scope of the lawyer’s representation as long as the client has been fully informed. The limitation on the representation must be reasonable.
Partnerships with NonLawyers
Can have partnerships with nonlawyers, but the practice cannot support legal services.
Question
An attorney represented a plaintiff in a civil suit against a defendant who was represented by other counsel. In the course of developing the plaintiff’s case, the attorney discovered evidence that she reasonably believed showed that the defendant had committed a crime. The attorney felt that the defendant’s crime should be reported to local prosecutorial authorities. After full disclosure, the plaintiff consented to the attorney’s doing so. Without advising the defendant’s counsel, the attorney informed the local prosecutor of her findings, but she sought no advantage in the civil suit from her actions. The defendant was subsequently indicted, tried, and acquitted of the offense.
Was the attorney’s disclosure to prosecutorial authorities proper?
Yes, because the attorney reasonably believed the defendant was guilty of a crime.
Yes, because the attorney was required to report knowledge of criminal conduct when that knowledge was obtained through unprivileged sources.
No, because the attorney did not advise the other counsel of her disclosure before making it.
No, because the plaintiff’s civil suit against the defendant was still pending.
Yes, because the attorney reasonably believed the defendant was guilty of a crime.
If a lawyer identifies criminal behavior on the part of an opposing party, upon consent of the client, the lawyer may disclose such information to the prosecutor.
Supervising Associates
a newly admitted lawyer in a firm must have his or her work properly supervised by a more experienced lawyer.
The attorney must takw proper precautions to make sure that a lawyer was adequately prepared to carry out an assignment.
Can a lawyer represetn both a husband and wife in a divorce case?
YES
Can a client revoke a conlfict of interest agreement?
A client who has given consent to a potential conflict of interest may revoke the consent and may, like any other client, terminate the lawyer’s representation at any time.
Lawyers acting in a legislative capacity
it is required that a lawyer representing a client before a legislative body disclose that the appearance is in a representative capacity.
The congressional members at the hearing would be very interested in kno
Lawyers as Senatros
A practicing lawyer who is also a legislator may not use her official authority for the benefit of a private client.
**a legislator who is a lawyer but who is no longer practicing law may a
Remedial Measures
If withdrawal from the representation is not permitted or will not undo the effect of the false evidence, the lawyer must make such disclosure to the tribunal as is reasonably necessary to remedy the situation, even if doing so requires the lawyer to reveal information that would otherwise be protected as confidential under the Model Rules
If withdrawl not permitted -> must take remedial measures (disclose info
Reccomending Clients
lawyers should not pay to have themselves recommended to the client, but can pay to receive leads about potential clients
