Quiz 1 PR - W Flashcards
An artist has hired an attorney to represent her in a divorce proceeding. The attorney agreed to provide representation for a divorce for a flat fee of $5,000. During the proceedings, two additional disputes arose: First, the artist and her husband encountered disagreements over child custody. Second, the artist and her husband owned an undivided interest in a llama farm and the artist wanted to have the court partition the farm. The attorney explained that these additional disputes were beyond the scope of the representation that had been originally discussed and would cost more. The artist offered to enter into a contingency fee agreement with the attorney and pay the attorney $2,500 if she received full custody of the children and 1/3 of any proceeds she received from the sell of the llama farm.
Assuming the attorney agreed to the artist’s offered contingency fee agreement, for which fee agreements (if any) would the attorney be subject to discipline?
A. The agreement to represent the artist in the child custody dispute for a contingency fee of $2,500 if the artist was awarded full custody.
B. The agreement to represent the artist in the divorce proceeding for a flat fee of $5,000.
C. The agreement to represent the artist in the llama farm dispute for 1/3 of any proceeds the artist received from the sell of the property.
D. All of the fee agreements are permissible under the Rules; thus, the attorney is not subject to discipline for any of the agreements
A. The agreement to represent the artist in the child custody dispute for a contingency fee of $2,500 if the artist was awarded full custody.
An investor made some bad choices when it came to cryptocurrencies, which ultimately led him to consider bankruptcy. The investor retained an attorney to represent him in federal bankruptcy proceedings. Because the attorney has been burned before by clients not paying and the investor is in fact insolvent, the attorney required the investor to pay half of the estimated fee in advance. In her mind, it was the only way to ensure she would get paid at all. The attorney billed by the hour and estimated that the total fee would be around $10,000, so she required $5,000 to begin. Although the attorney discussed the fee agreement with the investor, she did not provide a written explanation of the fees.
Is the attorney subject to discipline for requiring an advance payment of fees?
A. Yes, because this amounts to a non-refundable retainer.
B. Yes, because the attorney cannot collect fees unless a service has been provided or a benefit has been conferred.
C. No, because an attorney can require payment of fees in advance of providing legal services.
D. No, but only if the advance fee arrangement was explained in writing.
C. No, because an attorney can require payment of fees in advance of providing legal services.
A criminal defendant hired a private attorney to defend her against the state’s prosecution. During the representation, the criminal defendant and the private attorney fought constantly about the representation. The criminal defendant did not believe that the private attorney was acting as a zealous advocate of her behalf and could be more aggressive in his representation of her. After a losing at a hearing on a motion to suppress evidence, the criminal defendant was at her wit’s end and decided that she no longer wanted the private attorney to represent her. The criminal defendant informed the private attorney that he was fired.
Under the Rules, what, if anything, must the private attorney do now?
A. The private attorney must immediately cease representing the criminal defendant and take no further action of her behalf.
B. The private attorney must continue to represent the criminal defendant because a criminal defendant may not fire their attorney.
C. The private attorney must comply with applicable law regarding notice to or permission from the court to withdraw.
D. The private attorney must file a motion to withdraw from the representation with the court and inform the court the details of his termination
C. The private attorney must comply with applicable law regarding notice to or permission from the court to withdraw.
A lawyer just finished a grueling case for her client. The case settled for $1 million, and the check was to be delivered to the lawyer’s office within 60 days. The lawyer was exhausted by all the work and decided to take a vacation to Tahiti. The lawyer, who planned to be gone for several weeks, told her assistant to “manage” the office while she was gone. The lawyer did not give her assistant any instructions as to how to handle the settlement check if it arrived while she was gone. During Week 2 of the lawyer’s vacation, the settlement check arrived to the lawyer’s office. The assistant rightfully deposited the check in the firm’s IOLTA, but did nothing further. Two weeks later, the lawyer came back well-rested and was delighted to learn that the settlement check had arrived while she was out. The lawyer then notified her client that the settlement funds were available and could be disbursed to him. By this time, the settlement check had been sitting in the client trust account for several weeks.
Was the lawyer’s conduct consistent with her obligations under the Rules?
A. Yes. The client received the funds within the 60-day window provided for under the agreement.
B. No, if the lawyer’s notice to the client that the check had been received was not “prompt” notification.
C. No. The lawyer should not have been the recipient of the settlement check.
D. Yes. The assistant deposited the settlement check into the firm’s IOLTA
B. No, if the lawyer’s notice to the client that the check had been received was not “prompt” notification.
Attorney is representing a client on a “slip and fall” case. Attorney is doing objectively excellent work and is nearing settlement of the case. For no reason that is clear, the client fires Attorney. Under these circumstances, Attorney:
A. Should withdraw
B. Should seek arbitration
C. May withdraw
D. Shall withdraw
D. Shall withdraw
An athlete and a scientist are former colleagues and bitter enemies. The athlete has filed a lawsuit against the scientist for defamation. When the athlete engaged an attorney to file the lawsuit, the athlete instructed the attorney: “I don’t want you to grant any extensions to the scientist in this lawsuit. This is war, and I want you to insist on every technicality.” During discovery, the scientist’s lawyer experienced a death in the family. The scientist’s lawyer contacted the athlete’s attorney to request a one-week extension on discovery responses to allow them to travel to attend the memorial service.
Under the Rules, may the attorney grant the extension without consulting with the athlete?
A. Yes. The attorney is impliedly authorized to grant the extension even though the athlete instructed the attorney not to do so.
B. No. The attorney is bound by the athlete’s instructions.
C. Yes. The attorney gets to make all decisions about the means of the representation.
D. No, but the attorney should contact the athlete and explain to the athlete why they should agree to grant the extension.
D. No, but the attorney should contact the athlete and explain to the athlete why they should agree to grant the extension.
A client stopped by the Girl Scout cookie stand on her way out of Kroger. As the client was trying to decide how many Thin Mints to purchase, she was approached by a teenager. The teenager told her that he could give her a great deal on a case of Thin Mints that is “supposed to come in tonight.” Rather than $72 a case, the teenager would sell it to the client for $18. As a former Girl Scout herself, the client knew this was way below the cost the Girl Scouts purchased the cookies for, but she agreed to the deal and promised to meet the teenager tonight to retrieve the Thin Mints.
On her way home, the client went to her attorney’s office to sign a document the attorney had been working on for her. Riding high on the great Thin Mint windfall-to-be, the client shared with the attorney about what transpired in the Kroger parking lot and her plans to retrieve the cookies later that night. The attorney remarked that the client had found a great deal but should not tell anyone about it because the cookies were likely stolen. He knows that the Girl Scout council doesn’t play around with their cookie sales and that they would attempt to stop the teenager if they learned of the illegal deal.
In this jurisdiction, it is a crime to intentionally or knowingly accept stolen goods.
Was the attorney’s conduct proper?
A. Yes, because the attorney lacks actual knowledge that the cookies were stolen.
B. No, because the attorney advised the client to engage in conduct the attorney knows is criminal or fraudulent.
C. Yes, because the client did not use the lawyer’s services to commit a crime or fraud.
D. No, because the advice was outside the scope of the attorney-client relationship.
B. No, because the attorney advised the client to engage in conduct the attorney knows is criminal or fraudulent.
A baker who was injured during a slip-and-fall at a grocery store hired an attorney to represent him in a personal injury action against the grocery store. Several of the medical providers who had treated the baker after the incident sent the attorney letters to inform that attorney that they had provided medical treatment to the baker and were entitled to payment from any funds recovered. The attorney was able to successfully negotiate a settlement with the grocery store, and the grocery store paid a hefty settlement amount. Upon receiving the settlement check, the attorney properly deposited the settlement check into their IOLTA and then properly withdrew the amount they were owed for fees. Assume the fee was reasonable and that all of the actions taken thus far by the attorney have been appropriate. The baker has now asked to be paid the balance of the settlement funds.
Under the Rules, how should the attorney proceed?
A. The attorney should immediately pay the balance of the settlement to the client and instruct the client that he will be responsible for settling up any fees owed to medical providers.
B. The attorney must turn the settlement funds over to the court and allow the court to decide how to proceed.
C. The attorney is required to pay the medical providers what they have demanded.
D. The attorney is required to notify the medical providers that they have received settlement funds in which the medical providers have an interest.
D. The attorney is required to notify the medical providers that they have received settlement funds in which the medical providers have an interest.
An attorney purchased advertising on an interstate billboard and posted a beautiful picture of the attorney holding a sledgehammer and describes her education, experience, areas of practice, and contact information. In response to this advertisement, a driver sent an email to the attorney describing his legal problems with his landlord, including many personal details. Some of the information was unfavorable to the driver’s legal interests. Upon reading the email, the attorney, who had never met or had any contact with the driver, immediately sent a terse reply declining the representation. The attorney did not provide any legal advice to the driver. A few days later, the attorney received an inquiry from the driver’s landlord regarding issues with the driver, and the attorney agreed to represent the landlord, and used information gleaned from the driver’s email to prevail in the matter.
Is the attorney subject to discipline for her conduct?
A. Yes. The driver was a prospective client of the attorney, and the information the driver provided was confidential.
B. No. The attorney did not owe any duties to the driver because the driver was not a client or prospective client.
C. No. The attorney properly declined to represent the driver.
D. Yes. The attorney posted the billboard with the expectation that prospective clients would contact her.
B. No. The attorney did not owe any duties to the driver because the driver was not a client or prospective client.
