MPRE Practice Questions

Question 1

A state attorney general notified a privately held health-care corporation that it was under investigation for fraud in connection with state Medicaid benefits. The corporation retained an attorney to investigate the alleged violations, advise it on how to proceed, and, if necessary, defend it in civil or criminal litigation.

The attorney interviewed an employee of the corporation who told the attorney that the corporation routinely inflated the bills it submitted to the state at the direction of the corporation’s president. The employee said that the billing fraud was ongoing. Based on a subsequent review of the records, the attorney knew that the employee’s statement about the inflated bills was truthful. The attorney reported this information to the corporation’s general counsel and also to the board of directors. A week later, the general counsel notified the attorney that the board of director had considered the information and had declined to take any further action.

The attorney knew that the billing fraud would continue and was reasonably certain to result in substantial injury to the corporation. Without first obtaining the informed consent of the employee, the attorney disclosed the information to the state attorney general.

Is the attorney subject to discipline?

A. Yes, because the attorney did not obtain the informed consent of the employee to disclose the information.
B. Yes, because the attorney was retained to investigate the alleged violations of law and to defend the corporation in litigation arising out of any alleged violations of law.
C. No, because the attorney first reported the information to the board of directors and only reported to the state attorney general when the board refused to take action.
D. No, because the information pertained to violations of law that the attorney knew were reasonably certain to result in substantial injury to the corporation.

Answer 1

B. Yes, because the attorney was retained to investigate the alleged violations of law and to defend the corporation in litigation arising out of any alleged violations of law.

Question 2

An attorney was a partner in a large firm and an expert to represent him in a tax matter. The attorney wanted to transition from a law firm to being a political analyst on cable news stations. If he represented the famous politician, he’d likely get a lot of airtime and ultimately a job offer. Although the attorney had a large corporate case taking the majority of this time, he passed the corporate case to a low-level associate. The associate said that he knew nothing about corporate tax law, but the attorney said that the associate said that he knew nothing about corporate tax law, but the attorney said that the associate should learn tax work if he wanted to make partner and that the case was not complicated. In fact, the case was very complicated and the attorney was too busy appearing on television to help the associate.

Is the attorney subject to discipline?

A. No, because a licensed lawyer is generally competent to do any legal work.
B. No, because the associate is a member of the attorney’s firm.
C. Yes, because the attorney did not help the associate.
D. Yes, because the corporation hired the attorney, not the associate.

Answer 2

C. Yes, because the attorney did not help the associate.

Question 3

An attorney was representing a nonprofit organization in merger negotiations with another nonprofit entity. during a review of the client organization’s financial records, the attorney discovered that the organization had engaged in activities that jeopardized its nonprofit status. The attorney reasonably concluded that the organization’s failure to report these activities to the other nonprofit entity would constitute a fraud. The attorney had not represented the organization at the time of the activities and had not made any false representations to the other nonprofit entity during the negotiations.

The attorney met with the organization’s board of directors and informed it that he would withdraw from representing the organization in the merger negotiations unless it disclosed to the other nonprofit entity the activities that jeopardized the organization’s nonprofit status. The board refused to disclose the activities and insisted that the attorney continue to represent the organization. The attorney declined and promptly withdrew from the representation without making any disclosures to the other nonprofit entity or to the state tax authorities.

Is the attorney subject to discipline for his conduct in this representation?

A. Yes, because the attorney did not inform the other nonprofit entity that the organization had failed to report the activities that jeopardized the organization’s nonprofit status.
B. Yes, because the attorney withdrew from representing the organization in merger negotiations without the board’s permission.
C. No, because the attorney withdrew from the representation after informing the board of directors about the need to disclose the activities to the other nonprofit entity.
D. No, because the attorney was permitted to withdraw regardless of whether he informed the board of directors of the need to disclose the activities to the other nonprofit entity.

Answer 3

C. No, because the attorney withdrew from the representation after informing the board of directors about the need to disclose the activities to the other nonprofit entity.

Question 4

A state prosecutor was assigned to a murder case in which the defendant had confessed to committing the crime. In the same confession, the defendant had also confessed to committing many other crimes over many years, including the murder of a young woman in another jurisdiction. In investigating the defendant’s confession, which the prosecutor knew to be credible, the prosecutor discovered that another individual had been convicted and sentenced to prison for the murder of the young woman. Based on the defendant’s confession, for which there was corroboration, the prosecutor knew that it was reasonably likely that the individual convicted of murdering the young woman was innocent. The prosecutor did not tell anyone about the defendant’s confession to the murder of the young woman.

Was the prosecutor’s conduct proper?

A. No, because the prosecutor failed to promptly disclose the information regarding the defendant’s confession to a court or the chief prosecutor in the other jurisdiction.
B. No, because the prosecutor failed to investigate to determine whether the individual convicted of murdering the young woman was innocent.
C. Yes, because the defendant’s confession was information relating to the prosecutor’s representation of the state.
D. Yes, because the prosecution of the other individual for murdering the young woman was final.

Answer 4

A. No, because the prosecutor failed to promptly disclose the information regarding the defendant’s confession to a court or the chief prosecutor in the other jurisdiction.

Question 5

A state trial court judge was assigned an action that sought to invalidate a testamentary trust as violating the rules against perpetuities. The judge had no experience in estate matters and did not find the briefs submitted by the parties to be helpful. Without prior notice to the parties, the judge consulted another trial judge with extensive experience in estate planning concerning the essential aspects of the rule. The judge was careful during the consultation to avoid identifying the parties or receiving any factual information that was not part of the record. The judge then personally decided the matter. She neither informed the parties about her consultation with the other judge nor gave them the opportunity to object or respond.

Was the judge’s conduct proper?

A. Yes, because the judge did not identify the parties.
B. Yes, because the judge personally decided the matter.
C. No, because the judge did not give the parties prior notice that she planned to consult ex party with the other judge concerning the matter.
D. No, because the judge neither informed the parties about her consultation with the other judge nor gave them the opportunity to object or respond.

Answer 5

B. Yes, because the judge personally decided the matter.

Question 6

A prosecutor who had graduated from law school two years earlier became a candidate to serve as a judge on a state trial court. In that state, trial court judges are chosen in nonpartisan elections. A newspaper reporter interviewed a prominent local attorney who gave his general impressions about each candidate, although he had not conducted any investigation into the candidates’ background or qualifications. When asked about the prosecutor, the attorney said, “It takes many years of experience to develop the wisdom necessary to serve as a judge. Given that he has only been in practice for two years, I do not believe this prosecutor is ready to become a judge.”

Is the attorney subject to discipline?

A. No, because the attorney expressed an honest and candid opinion concerning the professional fitness of a candidate for judicial office.
B. No, because the First Amendment immunizes lawyers from discipline for making statement impinging the integrity of judges.
C. Yes, because the attorney publicly criticized the qualifications of a candidate for judicial office.
D. Yes, because the attorney did not conduct a reasonable investigation to determine whether the prosecutor was qualified to serve as a judge.

Answer 6

A. No, because the attorney expressed an honest and candid opinion concerning the professional fitness of a candidate for judicial office.

Question 7

An attorney represented a mother in a child custody dispute. The father of the child was not represented by a lawyer. The mother told the attorney that she wanted to resolve the custody dispute amicably and asked the attorney to meet with the father to see if an agreement could be reached before the upcoming court date.

The attorney met with the father, presented the mother’s proposed custody agreement, and asked the father to agree to it. The father asked the attorney whether the custody agreement was fair. The attorney advised the father to hire his own lawyer if he wanted advice regarding the fairness of the arrangement. The attorney did not offer any other advice. The father hired a lawyer, and the matter turned into an antagonistic negotiation that had to be resolved in court.

Is the attorney subject to discipline?

A. Yes, because the attorney asked the father to agree to the proposed custody agreement.
B. Yes, because the attorney advised the father to hire his own lawyer.
C. No, because the attorney offered no advice other than to hire his own lawyer.
D. No, because a lawyer may give legal advice to an unrepresented opposing party.

Answer 7

C. No, because the attorney offered no advice other than to hire his own lawyer.

Question 8

An attorney represented a client who was the plaintiff in a personal injury action. After the action had settled, the attorney received a check in the amount of $10,000 payable to the attorney, which she deposited in her clients’ trust account.

The next day, the attorney received a letter from a bank. The bank informed the attorney that the client had failed to make mortgage payments on a residential building for the last three months and demanded that the attorney immediately release $3,000 of the settlement proceeds to the bank to avert immediate foreclosure proceedings against the client. When the attorney, who did not represent the client in the mortgage matter, informed the client of the bank’s letter, the client did not dispute the $3,000 debt but expressed no concern for what the bank might do. The client believed that the building was essentially worthless, so he assumed that the bank would never foreclose. The client instructed the attorney to take her legal fees from the settlement and turn the rest of the proceeds over to him. The attorney followed the client’s instructions.

Is the attorney subject to discipline?

A. Yes, because the client did not dispute the $3,000 debt to the bank.
B. Yes, because the attorney knew that the client was planning to force the bank to foreclose the mortgage.
C. No, because the attorney did not represent the client in the mortgage matter.
D. No, because the bank had no established right to the specific proceeds of the client’s personal injury settlement.

Answer 8

D. No, because the bank had no established right to the specific proceeds of the client’s personal injury settlement.

Question 9

An attorney in a five-lawyer firm learned that one of her partner had charged personal expenses to a client and had fraudulently represented that the expenses were related to the client’s representation. After being confronted with evidence of the fraud, the partner resigned. The attorney disclosed the fraud to the client and directed the law firm’s billing department to refund the fraudulent charges to the client. The attorney asked the client whether the client wanted to disclose the partner’s conduct to the disciplinary authority. The client did not object to the disclosure but left the decision to the attorney.

Is the attorney required to report the partner’s conduct to the disciplinary authority?

A. Yes, because lawyers must report all violations of the rules of professional conduct to disciplinary authorities.
B. Yes, because the conduct raised a substantial question as to the partner’s honesty, trustworthiness, or fitness as a lawyer.
C. No, because the attorney acted promptly to rectify any damage to the client caused by the partner’s conduct.
D. No, because the attorney owes a continuing fiduciary duty to the partner with respect to matters that occurred during the course of their partnership.

Answer 9

B. Yes, because the conduct raised a substantial question as to the partner’s honesty, trustworthiness, or fitness as a lawyer.

Question 10

An attorney entered into a partnership with an oil and gas engineer to help utility companies better protect their intellectual property. The partnership website clearly stated that the attorney was an attorney and the engineer was an engineer and that the attorney would take the lead on any legal matters, while the engineer would act in a consultant role.

All client payments would be made to the partnership itself and then the partnership would divide the payments by legal and engineer work and pay the appropriate party.

Is the attorney subject to discipline?

A. Yes, because the partnership engaged in the practice of law.
B. Yes, because lawyers may not form partnerships with non lawyers.
C. No, because payments to the firm were divided by legal and engineering work and paid to the appropriate party.
D. No, because the engineer only worked in a consulting role.

Answer 10

A. Yes, because the partnership engaged in the practice of law.

Question 11

An attorney is widely regarded as an exceptionally competent practitioner in the field of criminal law. A client of the attorney became the subject of a grand jury investigation in a matter that could result in a felony indictment. The client lacked sufficient funds to pay for the attorney’s services beyond the grand jury stage. He asked the attorney to provide limited representation for a flat fee. Under the arrangement he proposed, the attorney would advise the client concerning the grand jury investigation, but the representation would end when an indictment was returned or the grand jury decided not to indict. The attorney fully advised the client of the practical and legal aspects of the client’s proposal.

Is it proper for the attorney to accept this limited representation?

A. Yes, because the client and not the attorney suggested the arrangement.
B. Yes, because the attorney and the client may agree to limit the scope of the representation so long as the limitation is reasonable under the circumstances.
C. No, because the attorney should not limit the scope of the representation based on the client’s ability to pay.
D. No, because the scope of the representation may not be limited in a criminal case.

Answer 11

B. Yes, because the attorney and the client may agree to limit the scope of the representation so long as the limitation is reasonable under the circumstances.

Question 12

An attorney represented a client accused of murder. The client told the attorney that 10 years ago he murdered a college student and buried his body out in the woods. The case remained unsolved and the body remained unfound. The earlier murder had nothing to do with the current murder accusation, and the client said he was absolutely innocent of the current murder. Every year at Christmas, the college student’s family put out a public plea for someone to help recover the body. The attorney told the client to keep quiet about the earlier murder and did not report the client’s information to anyone.

Is the attorney subject to discipline?

A. Yes, because the attorney knows where the prior victim was buried.
B. Yes, because the prior murder remained unsolved.
C. No, because the prior murder was unconnected to the current representation.
D. No, because the attorney obtained the information during his representation of the client.

Answer 12

D. No, because the attorney obtained the information during his representation of the client.

Question 13

An attorney worked for the state environmental protection agency for many years. The attorney quit that job two years ago and joined a small firm. A farmer came to him, asking the attorney if the attorney could represent the farmer in a suit against the agency. According to the farmer, the agency had unlawfully taken land along a river that when through his farm. The attorney had worked on the taking of the farmer’s land while he was employed by the agency and knew confidential information regarding the taking. The attorney told the farmer that he could not represent him personally, but the firm could do so. The attorney introduced the farmer to another lawyer in his farm and the farmer hired her. The attorney told the other lawyer that he knew confidential information about the taking, but he said that he wouldn’t tell her to protect the agency’s confidence.

Are the attorney’s actions proper?

A. Yes, because the attorney told the other lawyer he wouldn’t reveal agency confidences.
B. Yes, because the attorney did not personally represent the farmer.
C. No, because the attorney had worked for the defendant agency.
D. No, because the attorney had worked on the taking of the farmer’s land by the agency.

Answer 13

D. No, because the attorney had worked on the taking of the farmer’s land by the agency.

Question 14

A woman worked as an assistant for a famous artist for over 25 years. The artist was very old and was having dangerous surgery the following week. The artist told the woman that he would like to make a will in case something went wrong during the surgery, but he was too stressed to find an attorney on his own. The woman told the artist that her cousin, who she shared a house with, was an attorney. The artist asked her to ask whether her cousin would write a will for him. The attorney didn’t normally write wills, but after some convincing from his cousin, he did some research and discovered that wills were relatively simple in the state and that his firm had formed materials that would adequately protect the artist. The attorney then went to the artist’s studio to write the will. While the attorney was writing the will, the artist asked the woman to leave the room. The artist then asked that 10 of his paintings to be given to the woman because she had worked for the artist for so long and that the rest of his estate go to his children. The artist died during surgery.

Was it proper for the attorney to write the artist’s will?

A. Yes, because the artist was facing an emergency.
B. Yes, because no special competence is required to write a will.
C. No, because the artist left 10 paintings to the woman.
D. No, because the attorney didn’t normally write wills.

Answer 14

C. No, because the artist left 10 paintings to the woman.

Question 15

A new attorney represented a client in a complex real estate transaction. A year later, a local newspaper stated that the client was under federal indictment for real estate fraud. The attorney was concerned that she might have violated the Model Rules of Professional Conduct in representing the client. The attorney took some of her files concerning the representation, including confidential files, to another lawyer for legal advice on whether she violated the Model Rules. The attorney believed these particular files were necessary for the lawyer to make an informed determination. The lawyer examined the files and told the attorney that she had not violated the Model Rules. The attorney then advised the client that she had consulted another lawyer regarding her representation of the client. The client asked the attorney if she had revealed confidential information, and the attorney told the client that she had done so.

Is the attorney subject to discipline?

A. Yes, because the attorney was not seeking legal advice regarding a possible crime.
B. Yes, because the attorney did not reveal the information to defend herself from a legal claim.
C. No, because the attorney was seeking legal advice regarding her compliance with the Model Rules.
D. No, because the attorney told the client that she had revealed confidential information.

Answer 15

C. No, because the attorney was seeking legal advice regarding her compliance with the Model Rules.

Question 16

Any attorney who was a sole practitioner advertised that he limited his practice to personal injury cases involving 18-wheeler commercial trucks. Because of the attorney’s focus, he was known as the best lawyer for such cases in the nation. A man who had been injured in a trucking accident visited the attorney for a consultation. The attorney told the man that he was too busy with other matters to take the case. Six months later, the man lost his claim because the statute of limitations expired. The man sued the attorney for malpractice.

Is the attorney subject to civil liability?

A. Yes, because the attorney agreed to a consultation with the man.
B. Yes, because the attorney had a duty to inform the man regarding the statute of limitations.
C. No, because the attorney did not violate any duty owed to the man.
D. No, because the attorney was too busy to take the man’s case.

Answer 16

C. No, because the attorney did not violate any duty owed to the man.

Question 17

An attorney received a large package in the mail. Inside was a letter from a client requesting representation. Also in the package was a large amount of information regarding the case. The potential client was wanted by the US government for the past 10 years for disclosing government secrets on the internet. The attorney looked at the information in the package and reasonably determined that the potential client was innocent of the crime and likely in the US somewhere. The attorney agreed to represent the client in his defense, although the attorney did not know exactly where the client was hiding. The attorney advised the client that the best thing to do might be surrender, but the client refused and said he’d keep communicating with the attorney by mail.

Is the attorney subject to discipline?

A. Yes, because the client is wanted by the US government.
B. Yes, because the attorney is an agent of the courts and the client is still within the US.
C. No, because the attorney didn’t tell the client how to avoid arrest and prosecution.
D. No, because the attorney reasonably believed the client was innocent.

Answer 17

C. No, because the attorney didn’t tell the client how to avoid arrest and prosecution.

Question 18

An attorney represented a real estate developer who was trying to buy several properties. The attorney arranged a meeting with an owner of two large parcels of land, hoping to arrange a sale to the developer.

When the attorney scheduled this meeting, he neither knew nor asked whether the owner was represented by counsel in the matter. Shortly after the meeting began, the owner disclosed that he had retained counsel to assist in the sale of the two parcels of land, but that his lawyer could not be present that day. He further stated that he would be meeting with his lawyer the next day. The attorney asked the owner if they could talk anyway and stated that he wouldn’t ask the owner to sign anything until his lawyer had a chance to look over anything they discussed.

The owner, an experienced businessman and negotiator, agreed to continue as suggested, and a tentative agreement was soon worked out.

Was the attorney’s conduct proper?

A. Yes, because the owner knowingly agreed to continue the discussions without his own lawyer being present.
B. Yes, because the attorney did not present the owner with any documents to sign during the meeting.
C. No, because the attorney negotiated with the owner after learning that the owner was represented by a lawyer in the matter.
D. No, because the attorney failed to ascertain whether the owner was represented by a lawyer before the negotiating session.

Answer 18

C. No, because the attorney negotiated with the owner after learning that the owner was represented by a lawyer in the matter.

Question 19

An attorney prepared a will for a client. Under the terms of the will, all of the client’s estate would go to a charity protecting local beaches. The client died and the client’s daughter told the attorney that she wanted to oppose the probate of the will. Because the attorney had worked for the daughter’s family for years and had represented the daughter in another action, the daughter asked the attorney to represent her in her opposition.

May the attorney represent the daughter in her challenge to the will?

A. Yes, because the attorney’s client had died.
B. Yes, because the attorney had represented the daughter before.
C. No, because the attorney’s representation would be adverse to the charity.
D. No, because the attorney would be taking a position in opposition of the will.

Answer 19

D. No, because the attorney would be taking a position in opposition of the will.

Question 20

A judge presided over a telecommunications case without a jury. After both sides completed their presentations, the judge took the case under advisement. After several weeks of not hearing anything about the case, the plaintiff’s attorney sent the judge a series of articles explaining issues in the case with a note that said, “Maybe we and the defendant didn’t explain the situation so well - maybe reopening the case for supplementary briefs from both parties would help your decision?” Thereafter, the judge reopened the case and requested supplementary briefs. The judge told the parties that he hadn’t ruled yet because he felt that he still didn’t fully understand the issues and the interests of justice required more information from the parties.

Was it proper for the attorney to communicate with the judge?

A. Yes, because the judge needed more information to make a decision in the interests of justice.
B. Yes, because the attorney did not make any suggestions as to how the judge should decided an issue in the case.
C. No, because the attorney communicated with the judge without advising opposing counsel.
D. No, because the attorney caused the judge to reopen the case.

Answer 20

C. No, because the attorney communicated with the judge without advising opposing counsel.

Question 21

A crypto salesman hired an attorney to sell his crypto business to a buyer. The salesman told the attorney that he was getting out of the business because he thought crypto was overpriced and headed for irrelevance. The attorney called the buyer about the sale, and the buyer told the attorney that he was rethinking buying the business after he read several articles about crypto falling in value. Hoping to restore the buyer’s interest, the attorney said “Crypto’s the future. People said the same thing about computers and cars back when they were new. Profits can only go up if you get on the ground floor of something.” The buyer bought the business, but the business soon collapsed after several prominent crypto celebrities went to jail.

Is the attorney subject to discipline?

A. Yes, because the attorney made a false statement of fact to the buyer regarding profits.
B. Yes, because the attorney exaggerated the profitability of the crypto business.
C. No, because the attorney represented the seller.
D. No, because the attorney’s statement constituted acceptable puffing.

Answer 21

D. No, because the attorney’s statement constituted acceptable puffing.

Question 22

An attorney has a radio commercial that states:

“Do you have a legal problem? Are you being sued? Call me, a licensed attorney at law. Initial conference charge is $25 for one hour. Act now and protect your interests. Call at 1234 Main Street; telephone (101)-123-4567.” All of these statements were true, and the broadcast could not be heard outside the state in which the attorney was licensed.

Is the attorney subject to discipline for the commercial?

A. Yes, because the attorney’s qualifications are not stated.
B. Yes, because the radio broadcast may encourage litigation.
C. No, because all the statements in the radio broadcast are true.
D. No, because the radio broadcast is not heard outside the state in which the attorney is licensed.

Answer 22

C. No, because all the statements in the radio broadcast are true.

Question 23

An attorney opened a new office near a large residential neighborhood. The attorney placed an advertisement in the local online newsletter stating that the attorney was new to the area and wanted to learn how he could best help his neighbors. The advertisement stated that anyone that contacted the attorney through the advertisement’s link would get a “will checkup” for $99. A “will checkup” was a one-hour consultation reviewing a potential client’s estate needs. Everything in the advertisement was truthful, although the attorney usually charged $150 per hour for a consultation.

Is the attorney subject to discipline for the advertisement?

A. Yes, because a “will checkup” was intended to create unnecessary legal work for the attorney.
B. Yes, because the attorney only charged $99 for those clients who used the link, creating an unlawful discount versus other clients.
C. No, because nothing in the advertisement was untruthful.
D. No, because the advertisement only advertised a one-hour “will checkup.”

Answer 23

C. No, because nothing in the advertisement was untruthful.

Question 24

An attorney retained by a client to incorporate client’s business, which previously had been operated as a sole proprietorship. The attorney noticed in the client’s file copies of some correspondence from the client to another attorney concerning the possibility of that attorney incorporating the client’s business. The attorney questioned the client to make certain that any attorney-client relationship between the other attorney and the client to make certain that any attorney-client relationship between the other attorney and client had been terminated. The client told the attorney,

“It certainly has been terminated. When I discussed the matter with that guy six months ago, he asked for a retainer of $1,000, which I paid him. He did absolutely nothing after he got the money, even though I called him weekly, and finally, last week when I again complained, he returned the retainer. But don’t say anything about it because he is an old friend of my family, and I was just happy I got the money back.”

The attorney believed the other attorney was guilty of professional misconduct, although the attorney did not think the other attorney usually acted in this manner. The client just wanted to drop the matter.

Is the attorney subject to discipline if she does not report her knowledge of the other attorney’s conduct to the appropriate authority?

A. Yes, because the attorney believes the other attorney was clearly guilty of professional misconduct.
B. Yes, because the attorney did not believe the other attorney usually neglected matters entrusted to him.
C. No, because the client was satisfied by the other attorney’s return of the retainer.
D. No, because the client has not agreed that the attorney may report the information.

Answer 24

D. No, because the client has not agreed that the attorney may report the information.

Question 25

An attorney represented a client as a plaintiff in a personal injury matter under a standard contingent fee contract. The client agreed to settle the case for $1,000,000, from which funds the attorney would receive $250,000. The client informed the attorney that she planned to take $25,000 of the settlement funds and spend the money purchasing lottery tickets. The attorney told the client he disagreed with the plan and encouraged the client to take some classes on investing the money. The client agreed to take the classes, but still insisted on playing the lottery.

The attorney received the check for $1,000,000 three days before the client was to attend the investing classes. The attorney held the check for one week, giving the client at least a few days of classes. The attorney then informed the client of the receipt of the funds, disbursed the funds according to the agreement, and also furnished the client with an accounting. The attorney told the client that he had delayed notice to allow time for the client to come to her senses. The client laughed and said, “I guess your plan worked, because the classes have convinced me to invest my money in the stock market instead of playing the lottery.”

Is the attorney subject to discipline?

A. Yes, because the attorney had a duty to promptly notify the client of the receipt of the $1,000,000.
B. Yes, because the attorney gave unsolicited advice about nonlegal matters.
C. No, because the client did not object to the withholding of the notice and funds.
D. No, because the attorney acted in the client’s best interest.

Answer 25

A. Yes, because the attorney had a duty to promptly notify the client of the receipt of the $1,000,000.

Question 26

An attorney served two four-year terms as the state’s governor immediately prior to reopening his law office in the state. The attorney printed and mailed an announcement of his return to private practice to members of the bar, previous clients, and personal friends whom he had never represented. The printed announcement stated that the attorney had reopened his law office, gave his address and telephone number, and added that he had been the state’s governor for the past eight years.

Is the attorney subject to discipline for the announcement?

A. Yes, because the mailing included persons who had not been his clients.
B. Yes, because his service as governor is unrelated to his ability as a lawyer.
C. No, because the information in the announcement was true.
D. No, because all of the information was already in the public domain.

Answer 26

C. No, because the information in the announcement was true.

Question 27

An attorney decided to run for election as a judge. At the same time, his brother was running for state congress. The attorney’s brother asked the attorney to make a speech on his behalf at a campaign rally. The attorney did so and made a speech giving the audience truthful facts about his brother’s qualifications and stating, “I believe my brother would rat out those liars at the capitol!”

Is the attorney subject to discipline?

A. Yes, because he publicly endorsed his brother for public office.
B. Yes, because he implied that state officials were liars.
C. No, because he was only a judicial candidate.
D. No, because he was endorsing his brother when he made the speech.

Answer 27

A. Yes, because he publicly endorsed his brother for public office.

Question 28

During a judicial election, an attorney was asked by a television news reporter about the candidates. The attorney said that he believed most of the candidates could make good judges, except for one who he said lacked the ability to be a decent judge because he had anger issues and didn’t know the law thoroughly. The attorney believed the truth of his statements. The interview was included on the television station’s popular nightly news program.

is the attorney subject to discipline?

A. Yes, because the attorney’s remarks challenged the competency of a potential judge.
B. Yes, because a lawyer may not make public comments about judicial candidates.
C. No, because the attorney did not think the candidate would be a good judge.
D. No, because the attorney said that the other candidates could be good judges.

Answer 28

C. No, because the attorney did not think the candidate would be a good judge.

Question 29

A client retained an attorney to represent her for injuries she sustained in the city’s public library. The attorney called the city’s lawyer and told him that he was representing the client. The city’s lawyer scheduled a meeting with the attorney, but the attorney missed the meeting because he was sick. The city’s lawyer called and left a message asking the attorney to reschedule the meeting with the lawyer’s secretary. However, by surprise, one of the attorney’s cases didn’t settle and he was suddenly extremely busy getting ready for trial. The client became concerned and called the attorney’s office several times but was always told that he was busy and would call back. Six months later, the client went to another lawyer. The other lawyer saw that the statute of limitations was about to run out on the client’s claim, so he immediately filed suit with the client’s consent.

Is the attorney subject to discipline?

A. Yes, because the statute of limitations almost ran out.
B. Yes, because the attorney neglected the representation of the client.
C. No, because the client’s suit was filed before the statute of limitations ran.
D. No, because the attorney was caught by surprise that his other case didn’t settle.

Answer 29

B. Yes, because the attorney neglected the representation of the client.

Question 30

A plaintiff hired an attorney to file a lawsuit after a car crash with the defendant. The defendant’s lawyer called the attorney to let her know that he was representing the defendant and would respond to the complaint shortly. The defendant’s lawyer failed to respond and the time to file a response expired. A week passed, and the attorney still did not hear anything from a lawyer.

Is the attorney subject to discipline if the attorney proceeds to have a default judgment entered?

A. Yes, because the attorney knows that the defendant’s lawyer is representing him in the plaintiff’s claim.
B. Yes, because the attorney failed to give notice to the defendant’s lawyer that she was about to have a default judgment entered.
C. No, because the attorney is properly representing her client’s interests.
D. No, because the attorney gave the defendant’s lawyer a reasonable grace period before moving for default.

Answer 30

C. No, because the attorney is properly representing her client’s interests.

Question 31

An attorney decided to run for judicial office. The attorney asked a friend of hers, the director of the state’s ethics commission, if her opponent had ever been reprimanded by the commission for ethics violations. The friend said that the opponent was reprimanded 10 years before. During a televised debate, the moderator asked the attorney why she should be judge instead of her opponent. The attorney stated, “The state commission reprimanded the judge for ethics violations.” The opponent truthfully responded, “I was never reprimanded for ethics violations. You could have found that easily in the commission’s official records.”

Is the attorney subject to discipline for incorrectly stating that her opponent had been reprimanded for ethics violations?

A. Yes, because the attorney did not research the issue herself.
B. Yes, because the attorney’s public statement was incorrect.
C. No, because the attorney reasonably relied on the friend’s information.
D. No, because the attorney and her opponent were running for election against each other.

Answer 31

C. No, because the attorney reasonably relied on the friend’s information.

Question 32

An attorney truthfully told a prospective client that he gave every candidate for judicial office a large donation and that doing so made the judges “like him” better than other lawyers. Based on the attorney’s statements, the client retained him in a contractual dispute.

Is the attorney subject to discipline?

A. Yes, because the attorney got the client’s business by implying that he received favored treatment from judges because of his contributions.
B. Yes, because the attorney implied that he received favored treatment from judges because of his contributions.
C. No, because the attorney’s statements were true.
D. No, because the attorney gave every candidate for judicial office money without expecting anything in return.

Answer 32

B. Yes, because the attorney implied that he received favored treatment from judges because of his contributions.

Question 33

A judge presided over a complicated security fraud case without a jury. After both sides presented their case, the judge felt that he didn’t understand the central issue enough to make a fair judgment. The judge decided to call an attorney, an expert in the field, to seek legal advice. The attorney had no interest in the case and was able to explain the issue to the judge’s satisfaction.

Was is proper for the judge to consult the attorney?

A. Yes, because the attorney was an expert and had no interest in the case.
B. Yes, because the judge believed that he didn’t understand the central issue enough to make a fair judgment.
C. No, because the judge did not ask for both parties’ consent before speaking with the attorney.
D. No, because the judge did not receive the attorney’s advice in writing.

Answer 33

D. No, because the judge did not receive the attorney’s advice in writing.

Question 34

Under a state law, the court’s appointment of lawyers as special masters in certain proceedings is discretionary with the court. A judge decided to appoint special masters in all such proceedings, regardless of their nature and complexity, and decided that compensation for such appointees would be at a reasonable hourly rate. The judge believed that this practice would ensure competent and impartial handling of every proceeding. The judge further decided to use published law directories to compile a list of qualified prospective appointees.

Is the judge’s proposed practice proper?

A. Yes, because it results in competent and impartial handling of the proceedings.
B. Yes, because the appointees will be compensated at a reasonable hourly rate.
C. No, because the practice may result in unnecessary appointments.
D. No, because the judge cannot use law directories to compile a list of qualified prospective appointees.

Answer 34

C. No, because the practice may result in unnecessary appointments.

Question 35

An attorney shared an office space with a home lending company. The attorney decided that he wanted to work from home and stop paying rent on his office, but he was concerned that he had no place to meet with clients. The company said that it wanted to expand, so it would take over the attorney’s lease and allow the attorney to use the space’s conference room when necessary. In return, the attorney would write legal documents that were sometimes requested by the company’s customers. The attorney and the company prepared a memorandum stating that the attorney would write legal documents for the company’s customers but would never be asked to meet with them or give them legal advice. Instead, the company would get all of the necessary information and advise the customer about how to proceed.

Is the attorney subject to discipline?

A. Yes, because the relevant memorandum did not contain any financial information regarding standard fees or compensation.
B. Yes, because the attorney was aiding the company in the practice of law.
C. No, because the attorney was simply writing legal documents.
D. No, because the attorney agreed not to meet with customers or give them legal advice.

Answer 35

B. Yes, because the attorney was aiding the company in the practice of law.

Question 36

A doctor and a dentist hired an attorney to represent them in the purchase of a bar. After the doctor and dentist bought the bar, they operated it jointly for the next five years. A dispute over the ownership between the doctor and dentist arose, and the attorney wrote up an agreement to settle the matter. Six years later, the doctor came to the attorney’s office and said, “I haven’t said anything to the dentist, but I know for a fact that the dentist committed fraud during negotiations to buy the bar. I want you to represent me against him.” The doctor’s allegation was true.

Is it proper for the attorney to represent the doctor in this matter?

A. Yes, because the representation concerning the basis of the claim took place over 10 years ago.
B. Yes, because the dentist committed fraud during the earlier representation.
C. No, because the attorney had previously acted for both parties in reaching the agreement now in dispute.
D. No, because the attorney represented the parties in new litigation six years ago.

Answer 36

C. No, because the attorney had previously acted for both parties in reaching the agreement now in dispute.

Question 37

A client retained an attorney to recover for personal injury. In the retainer agreement, signed by the client and the attorney, the client agreed to cooperate fully and pay the attorney a contingent fee computed as a percentage of the amount of recovery after expenses: 25 percent if settled before trial, 30 percent if settled before verdict, 35 percent after verdict, and 40 percent after appeal.

The attorney’s representation of the client in the matter extended over a three-year period, during which the attorney advanced a large amount for litigation expenses. After trial, the client obtained a jury verdict for an amount larger than either attorney or the client had anticipated.

However, the defendant filed an appeal based on questions of evidence and the measure of damages. Meanwhile, the defendant made an offer of settlement for approximately the amount the attorney had originally projected as reasonable to expect. The client, who was hard-pressed financially, directed the attorney to accept the offer and settle. The attorney refused, because she was confident that there was no reversible error in the trial and that the appeal was without merit. The attorney reasonably believed that the appeal was filed solely to gain negotiating advantage in settlement negotiations.

Is the attorney subject to discipline?

A. Yes, because the attorney’s percentage under the fee contract increased after appeal.
B. Yes, because the client directed the attorney to accept the settlement offer.
C. No, because the decision whether to settle or defend an appeal is a tactical matter for the attorney to determine.
D. No, because evaluation of the merits of an appeal requires the exercise of independent professional judgment.

Answer 37

B. Yes, because the client directed the attorney to accept the settlement offer.

Question 38

An attorney hired a professional film company to make a television advertisement for her. In the advertisement, a professional actor sailing around on a yacht says, “You can’t get to where you want to go without sound legal advice. Call attorney. Her prices are probably too low for the valuable advice she gives you. Just $10 for an initial consultation. That’s less than a fish dinner.”

Is the advertisement proper?

A. Yes, because nothing in the advertisement appeared to be false.
B. Yes, because the advertisement included the cost of an initial consultation.
C. No, because she used a professional actor for the television advertisement.
D. No, because the advertisement implied that the attorney’s advice would make the client rich.

Answer 38

A. Yes, because nothing in the advertisement appeared to be false.

Question 39

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 10 $100 bills, which the attorney immediately deposited in her bank account. One week later, the attorney was contacted by US 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?

A. Yes, because negotiation of a counterfeit bill is a criminal act.
B. Yes, because under the circumstances neither client’s identity is privileged.
C. No, because counterfeiting is not a crime that involves an imminent threat of death or serious bodily harm.
D. No, because the attorney has no way of knowing which of the two clients gave her the counterfeit bills.

Answer 39

B. Yes, because under the circumstances neither client’s identity is privileged.

Question 40

An attorney represented a bank in all of its loan transactions. A business owner came to the bank to get a mortgage to buy a new property. Because the community was small, the attorney usually represented both the bank and any debtors in loan transactions. The business owner and the bank both gave their consent in writing to the attorney representing both parties, but all of the attorney’s fees were being paid by the bank. The attorney prepared the necessary paperwork for the loan and both parties were satisfied with his work.

Is the attorney subject to discipline?

A. No, because both parties gave their informed consent to the representation.
B. No, because the attorney usually represented both parties in the bank’s loan transactions.
C. Yes, because the bank paid all of the attorney’s fees.
D. Yes, because a creditor and debtor are necessarily adverse to each other.

Answer 40

A. No, because both parties gave their informed consent to the representation.

Question 41

A client hired an attorney to defend him in a battery claim resulting from a bar fight. During the representation, the attorney discovered that the client was using an assumed name. The attorney asked the client about the assumed name. The client said, “When I was young, I got in with some bad people. I moved out-of-state and started over. I don’t want them to find me. If you call me as a witness, I’m not using my real name. You’ll put my life at risk if you call me.” The attorney told the client that to properly defend the client, he would need to call him as a witness. The attorney called the client as a witness and, in response to the attorney’s question “What is your name?” the client gave his assumed name.

Is the attorney subject to discipline?

A. Yes, because the attorney knowingly used false testimony.
B. Yes, because the client told him that he was putting his life at risk.
C. No, because the attorney’s knowledge of the client’s true name was obtained during the course of representation.
D. No, because there was no indication that the client was using the assumed name to conceal a crime.

Answer 41

A. Yes, because the attorney knowingly used false testimony.

Question 42

A judge is one of three trustees of a trust for the educational benefit of her grandchildren. The trust owns 5,000 shares of stock in a large oil company. The stock has been selling for the past year at $10,000 a share. The oil company is suing a refining company for breach of an oil refining agreement, and the case is assigned to the judge for trial. The judge believes that she can be fair and impartial. Additionally, she does not personally own stock in either party to the litigation.

May the judge disqualify herself from the case?

A. Yes, because the trust has more than a de minimus financial interest in the oil company.
B. Yes, because the outcome of the lawsuit is likely to affect the value of the stock.
C. No, because the judge does not personally own stock in either party to the litigation.
D. No, because the judge believes she can remain impartial.

Answer 42

A. Yes, because the trust has more than a de minimus financial interest in the oil company.

Question 43

A local church group sponsored a public testimonial dinner in a judge’s honor. Over the years, several members of the church’s clergy have been involved in legal trouble, but the judge had never ruled in any matter involving them. The church’s stated reason for the dinner was to celebrate the judge’s long years on the bench and his popularity in the community. One of the church’s members, a longtime friend of the judge who was very wealthy, donated an expensive sports car to the church to give to the judge. The church got the car vanity plates that said “Honor” and gave it to the judge at the party, although the church itself spent no money on the car.

Is it proper for the judge to accept the gift of the car?

A. Yes, because the gift is incident to public testimonial.
B. Yes, because the church did not pay for the car.
C. No, because the gift is very expensive.
D. No, because the church’s clergy has been involved in legal trouble.

Answer 43

C. No, because the gift is very expensive.

Question 44

An attorney represented a banker and developer in a business deal. A year later, the banker called the attorney and asked the attorney to represent the banker in a suit to cancel the deal. According to the banker, the banker lacked the required mental capacity when the deal was made. Specifically, the banker claimed that he had been under the influence of a prescription drug when he agreed to the deal’s terms, which were admittedly very favorable to the developer. The attorney was the only witness to the business deal and did think that the banker was acting a little strange at the time, but otherwise thought he seemed competent. If called as a witness, the attorney planned to say the banker seemed competent at the time deal was made even though that would be against the banker’s interests.

Is it proper for the attorney to represent the banker?

A. Yes, because the attorney is the only disinterested witness to the deal.
B. Yes, because the attorney’s testimony would be against his client’s interest.
C. No, because the attorney will be called to testify on a contested issue of fact.
D. No, because the attorney will be representing evidence adverse to his own client’s interest.

Answer 44

C. No, because the attorney will be called to testify on a contested issue of fact.

Question 45

An attorney made a mistake in a client’s business agreement that cost the client $1,000 in city tax fees. The attorney told the client about the mistake, and the client said that he was otherwise satisfied with the attorney’s work and would consider the matter settled if the attorney simply paid the city tax fees. The attorney reasonably believed that the settlement was fair, although the client could possibly recover more if he filed a malpractice suit against the attorney. The attorney drafted a settlement agreement and advised the client in writing that he should seek independent representation before agreeing to settle. The client signed the agreement and the attorney paid the taxes.

Was the attorney’s conduct proper?

A. Yes, because the attorney advised the client in writing that the client should seek independent representation.
B. Yes, because the client was satisfied with the settlement arrangement.
C. No, because the attorney settled a case involving liability for his own malpractice.
D. No, because the client could have recovered more if he’d filed a malpractice suit.

Answer 45

A. Yes, because the attorney advised the client in writing that the client should seek independent representation.

Question 46

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?

A. Yes, because the attorney reasonably believed the defendant was guilty of a crime.
B. Yes, because the attorney was required to report knowledge of criminal conduct when that knowledge was obtained through unprivileged sources.
C. No, because the attorney did not advise the other counsel of her disclosure before making it.
D. No, because the plaintiff’s civil suit against the defendant was still pending.

Answer 46

A. Yes, because the attorney reasonably believed the defendant was guilty of a crime.

Question 47

A witness was subpoenaed to appear and testify at a state legislative committee hearing. The witness retained an attorney to represent her at the hearing. During the hearing, the attorney, reasonably believing that it was in the witness’s best interest not to answer, advised the witness not to answer certain questions on the grounds that she had a constitutional right not to answer. The committee chairperson directed the witness to answer and cautioned her that refusal to answer was a misdemeanor and that criminal prosecution would be instituted if she did not answer.

Upon the attorney’s advice, the witness persisted in her refusal to answer. The offense the witness committed did not involve moral turpitude, and the attorney reasonably believed the witness had a legit right to refuse to answer the questions. The witness was subsequently convicted for her answer to answer.

Is the attorney subject to discipline?

A. Yes, because his advice to the witness was not legally sound.
B. Yes, because the witness, in acting on the attorney’s advice, committed a crime.
C. No, because the offense the witness committed did not involve moral turpitude.
D. No, because the attorney reasonably believed the witness had a legal right to refuse to answer the questions.

Answer 47

D. No, because the attorney reasonably believed the witness had a legal right to refuse to answer the questions.

Question 48

An attorney hired a recent law school graduate as an associate. For the first six months, the associate was assigned to draft legal documents that the attorney carefully reviewed and revised before filing. However, shortly after the associate was admitted to the bar, the attorney told the associate that he would be going on vacation the following week and was assigning her the representation of the landlord in a housing case that was going to trial while he was away. The associate had never conducted or observed a trial before and, because she had not previously worked on any housing cases, she was unfamiliar with the relevant law and procedure. She did not believe that she would have enough time to learn everything that she needed to know, but she was reluctant to decline the assignment. Before the trial began, she met with the landlord and disclosed that this would be her first trial, but the landlord did not object. Although the associate prepared diligently, the landlord lost the trial.

Is the attorney subject to discipline?

A. Yes, because the attorney did not ensure that the associate was competent to conduct the trial on her own.
B. Yes, because the landlord lost the trial.
C. No, because the attorney could reasonably assume that, having been admitted to the bar, the associate was capable of conducting the trial.
D. No, because the landlord did not object to the associate’s representation.

Answer 48

A. Yes, because the attorney did not ensure that the associate was competent to conduct the trial on her own.

Question 49

An attorney represented a bar owner in a contract dispute regarding the purchase of the bar property. At the same time, the bar owner was represented by another lawyer in an easement dispute with the owner of the parking lot next door to the bar. Because the attorney knew about the entire history of the property, the parking lot owner asked him to represent him in the easement dispute.

Is it proper for the attorney to represent the parking lot owner?

A. Yes, because there is no common issue of law between the two matters.
B. Yes, because the bar owner is represented by independent counsel in the easement dispute.
C. No, because the attorney is currently representing the bar owner in the contract dispute.
D. No, because there is a common issue of fact between the two matters.

Answer 49

C. No, because the attorney is currently representing the bar owner in the contract dispute.

Question 50

A man was arrested and charged with felony arson for burning down an ice cream parlor. A week before trial, the prosecutor went to review the evidence against the man. The prosecutor discovered that the man had only confessed after intense questioning by the police and that a video of the questioning could be interpreted as showing an unlawfully coercive interview. Based on the other evidence, the prosecutor reasonably believed that the man burned down the ice cream parlor. The man’s appointed counsel did not know about the video and the prosecutor did not reveal the video’s existence to the defense.

Is the prosecutor subject to discipline?

A. Yes, because the video raises a legitimate question about the man’s confession.
B. Yes, because the man is charged with a felony.
C. No, because the prosecutor reasonably believed that the man burned down the ice cream parlor.
D. No, because the prosecutor is representing the state and necessarily acting as an adversary to the man.

Answer 50

A. Yes, because the video raises a legitimate question about the man’s confession.

Question 51

An attorney represented a grocery store in a slip-and-fall claim. As far as the two parties knew, there was no eyewitness to the plaintiff’s fall and no evidence regarding the grocery store’s actions before the fall. A week before trial, the attorney discovered a delivery truck drive who had been delivering beer to the store when he saw a large puddle on the floor where the plaintiff allegedly fell. During the hour he was delivering the beer, several employees walked by the puddle, noticed it, and failed to do anything. However, after the fall, an employee mopped up the puddle. None of the employees had been called by either side as a witness. The delivery truck driver told the attorney that he was leaving for a European backpacking trip in a few days, but he was willing to push back his trip if he needed to be a witness in the case. The attorney said that there was no reason to do so because the driver hadn’t been subpoenaed as a witness and was unlikely to be called.

Is the attorney subject to discipline?

A. Yes, because he told the driver to go on his trip.
B. Yes, because there were no other witnesses to the fall.
C. No, because the driver hadn’t been subpoenaed as a witness.
D. No, because the driver’s testimony would be adverse to the grocery store.

Answer 51

A. Yes, because he told the driver to go on his trip.

Question 52

An attorney represented a plaintiff in a personal injury case. Thea attorney heard from a third party that the defendant was in need of money and anxious to settle. The attorney made a generous settlement offer but heard nothing from the defendant’s lawyer. The attorney had dealt with the other lawyer before and believed that the other lawyer did not tell the defendant about the settlement offer because he wanted to go to trial to drive up fees. The attorney told his investigator to tell the defendant about the settlement offer. The investigator did so, and the defendant immediately accepted.

Is the attorney subject to discipline?

A. Yes, because the investigator talked to the defendant.
B. Yes, because the investigator was not an attorney.
C. No, because the defendant accepted the settlement.
D. No, because the attorney believed that the other lawyer had not communicated the settlement offer.

Answer 52

A. Yes, because the investigator talked to the defendant.

Question 53

An attorney was approached by a husband and a wife who had decided to dissolve their marriage. They had no children and had worked out a tentative mutual property settlement. They did not want to retain separate lawyers because they hoped to save money and believed that working with one attorney was more likely to result in a reasonably amicable dissolution. Before coming to the attorney, they had drafted and each had signed a written agreement not to run up the costs and increase the adversarial nature of the dissolution by retaining separate lawyers.

The attorney believed that he was able to provide competent and diligent representation to both the husband and the wife. The attorney consulted with both independently concerning the implications of the common representation, including the advantages and risks involved and the effect on their respective attorney-client privileges. The attorney reduced the disclosures to writing in the form of a written retainer agreement and gave them each several days to consult independent legal counsel if they so desired. The husband and the wife each chose not to consult independent counsel.

After six months of reasonably amicable negotiations, the wife announced that she had changed her mind about the representation and had decided to retain her own lawyer. However, after the husband and the attorney insisted that she was obligated to adhere to her prior written agreement, she reluctantly agreed to abide by it. The attorney was then able to draft a property settlement agreement satisfactory to both parties.

Is the attorney subject to discipline for his conduct in the representation?

A. Yes, because the attorney should not have undertaken to represent both the husband and the wife in the first place.
B. Yes, because the attorney insisted that the wife hire another lawyer.
C. No, because both the husband and the wife initially consented to all aspects of the representation.
D. No, because the husband and the wife independently made the arrangement that neither would retain separate counsel.

Answer 53

B. Yes, because the attorney insisted that the wife hire another lawyer.

Question 54

An attorney is a well-known expert in oil and gas law. During congressional hearings on offshore oil drilling, the attorney testified to her personal belief and expert opinion on potential new drilling regulations. She failed to disclose in her testimony that she was being compensated by a private client for her appearance. In her testimony, the attorney took the position favored by her client, but the position was also one that the attorney believed was in the public interest.

Is the attorney subject to discipline?

A. No, because the attorney believed her testimony was in the public interest.
B. No, because the attorney was not required to disclose that she was being paid by a private client.
C. Yes, because a lawyer may not accept a fee for appearing before congress.
D. Yes, because the attorney should have disclosed that she was being paid by a private client.

Answer 54

D. Yes, because the attorney should have disclosed that she was being paid by a private client.

Question 55

An attorney closed her law practice when she became a state senator. A bank, one of the senator’s former private clients, asked her as its senator to try to persuade a state agency to grant the bank a license to open a new branch bank. While the bank’s request was pending before the agency, the senator wrote a letter on her legislative letterhead to the agency’s chair, asserting that the branch would satisfy a local business need and urging that the bank’s application be granted. The senator neither sought nor received any compensation from the bank for her efforts. Eventually the agency granted the bank’s application, in part because of the senator’s efforts.

Is the senator subject to discipline?

A. Yes, because the senator used her public position to influence the agency on behalf of the bank.
B. Yes, because the agency granted the bank’s application in part due to the senator’s efforts.
C. No, because the senator’s letter to the agency’s chair did not express an opinion about the law.
D. No, because the senator acted on behalf of the bank as a constituent and not as a client.

Answer 55

D. No, because the senator acted on behalf of the bank as a constituent and not as a client.

Question 56

A county law prohibits stores from selling alcoholic beverages before noon on Sundays. Failure to comply is a misdemeanor punishable by a fine of $150.

An attorney was hired by a client who owns several liquor stores. The client asked the attorney whether any storeowners had been prosecuted for violating the law and whether the fine could be imposed for every sale on a Sunday before noon or only for every Sunday on which alcohol was sold before noon. The client also asked what he could do not minimize the risk that he would be detected.

The attorney accurately told the client that the fine could only be imposed for each Sunday on which he sold alcoholic beverages before noon, not for each transaction, and that no one had been prosecuted under the law as yet. She also told him that she thought it would be improper to advise him about how to avoid detection. The client thanked the attorney for the information and hung up. Several weeks later, the attorney learned that the client had begun to open his store for business on Sundays at 9AM.

Is the attorney subject to discipline?

A. Yes, because the attorney reasonably should have known that the information she gave the client would encourage him to violate the law.
B. Yes, because the attorney did not discourage her client from breaking the law.
C. No, because the attorney merely gave the client her honest opinion about the consequences that were likely to result if he violated the law.
D. No, because the lawyer and the client could have discussed the best way to avoid detection under the criminal law.

Answer 56

C. No, because the attorney merely gave the client her honest opinion about the consequences that were likely to result if he violated the law.

Question 57

A judge served on a trial court of general jurisdiction for almost three years. During that time, he was assigned criminal cases almost exclusively. Several months ago, however, the judge was assigned an interesting case involving a constitutional challenge to a statute recently passed by the state legislature. The statute permitted any local public school district with an overcrowding problem to purchase educational service for its students in any other public or private school within 15 miles.

Although the briefs submitted by the parties were excellent, the judge was not confident that he had a good grasp of the issues in the case. Accordingly, he took one of his more experienced colleagues on the trial court out to lunch and discussed the case with her in great detail. The colleague was far more conservative than the judge, but he agreed with her and eventually ruled in accord with her views. The case is now on appeal.

Is the judge subject to discipline?

A. Yes, because the judge sought an ex parte communication on the merits of a case pending before him.
B. Yes, because the judge initiated a discussion with a colleague that may have influenced his judgment in the case.
C. No, because the judge is permitted to obtain the advice of a disinterested expert on the law.
D. No, because the judge was permitted to consult about a pending case with another judge.

Answer 57

D. No, because the judge was permitted to consult about a pending case with another judge.

Question 58

An attorney is a senior partner at a law firm in which there are 50 lawyers. The firm pays each of its lawyers a fixed annual salary. In addition, at year’s end, each lawyer receives a bonus from the profits of the firm in proportion to the annual salary of each and its relation to the total of the fixed annual salaries of all lawyers.

The attorney plans to introduce a new management plan under which the firm’s non lawyer office administrator would have general charge of all business matters but would not participate in any decisions involving legal judgment. The administrator would be paid a fixed annual salary and would be included as a participant in the firm’s bonus plan on the same basis as the lawyers in the firm. This would usually yield a bonus of approximately one-fourth to one-third of the administrator’s total annual compensation. The amount paid to the administrator will not exceed the compensation commonly paid to law office administrators within the local legal community.

Is it proper for the attorney to institute such a plan?

A. Yes, because the amount paid to the administrator does not exceed the compensation commonly paid to law office administrators within the local legal community.
B. Yes, because an employee of the firm may be compensated based on the profits of the firm.
C. No, because the administrator’s bonus is computed on the same basis as those of the lawyers in the firm.
D. No, because the administrator’s compensation is derived from the legal fees of the firm’s lawyers.

Answer 58

B. Yes, because an employee of the firm may be compensated based on the profits of the firm.

Question 59

An attorney represented a client in an action against the client’s former partner to recover damages for breach of contract. During the representation, the client presented the attorney with incontrovertible proof that the former partner had committed perjury in a prior action that was resolved in the partner’s favor. Neither the attorney nor the client was involved in any way in the prior action. The attorney believes that it would be detrimental to the client’s best interests to reveal the perjury because of the implication that might be drawn from the former close personal and business relationship between the client and the former partner.

Would it be proper for the attorney to fail to disclose the perjury to the tribunal?

A. No, because the information is unprivileged.
B. No, because the attorney has knowledge that the former partner perpetrated a fraud on the tribunal.
C. Yes, because neither the client nor the attorney was involved in the prior action.
D. Yes, because the attorney believes that the disclosure would be detrimental to the client’s best interest.

Answer 59

D. Yes, because the attorney believes that the disclosure would be detrimental to the client’s best interest.

Question 60

An attorney represented 20 clients who were injured when a football stadium collapsed. The football stadium offered a settlement where four of the injured clients, who were hurt the worst, would be given $100,000. The other 16 clients, who were not as injured, would receive significantly less. The attorney believed that the settlement was fair, but she knew that one of the less-injured clients was counting on a big payday and would not likely agree to any settlement where he was not paid the most even though he was hurt the least. The attorney was fairly positive that she would receive a favorable verdict if the case went to court. The attorney met with each of the clients individually and told them the amount they would receive in the offered settlement, but she did not tell them what anyone else would receive. Each client agreed that their offer was fair, although the one client who wanted the most was disappointed that he had not received more because he wanted to buy a boat. The attorney then signed the settlement agreement with the football stadium.

Is the attorney subject to discipline?

A. Yes, because the attorney was fairly positive that she would receive a favorable verdict if the case went to court.
B. Yes, because no client knew the amount to be received by any other client.
C. No, because the one client who wanted the most would likely have not agreed to the settlement if he knew how much others were getting.
D. No, because each client agreed that their offer was fair.

Answer 60

B. Yes, because no client knew the amount to be received by any other client.