Maintaining the Integrity of the Profession

Question 1

Rule 8.4(a)

Answer 1

Misconduct

(a) It’s misconduct to break the rules or help someone else do it.

Question 2

Rule 8.4(b)

Answer 2

Misconduct

(b) Criminal acts reflecting poorly on honesty or fitness to practice law are misconduct.

Question 3

Rule 8.4(c)

Answer 3

Misconduct

(c) Dishonesty, fraud, deceit, or misrepresentation is misconduct.

Question 4

Rule 8.4(d)

Answer 4

Misconduct

(d) Conduct prejudicing justice is misconduct.

Question 5

Rule 8.4(e)

Answer 5

Misconduct

(e) Can’t imply you can improperly influence officials.

Question 6

Rule 8.4(f) Misconduct

Answer 6

Misconduct

(f) Can’t help judges break rules or laws.

Question 7

Rule 8.4(g)

Answer 7

Misconduct

(g) Discrimination or harassment in legal practice is misconduct.

Question 8

Colo. RPC 8.4(a)(2) Misconduct

Answer 8

Misconduct

(a)(2) Prohibits helping an LLP violate rules.

Question 9

Colo. RPC Rule 8.4(g)

Answer 9

Misconduct

(g) Bias in client representation is misconduct.

Question 10

Colo. RPC Rule 8.4(h)

Answer 10

Misconduct

(h) Intentionally harmful conduct showing unfitness is misconduct.

Question 11

Colo. RPC 8.4(i) Misconduct

Answer 11

Misconduct

(i) Sexual harassment in professional settings is misconduct.

Question 12

Rule 8.2(a)

Answer 12

Judicial and Legal Officials

(a) A lawyer must not make false or reckless statements about the qualifications or integrity of judges or candidates for legal office.

Question 13

Rule 8.2(b) Judicial and Legal Officials

Answer 13

Judicial and Legal Officials

(b) Lawyers running for judicial office must follow the Code of Judicial Conduct.

Question 14

Rule 8.3(a)

Answer 14

Reporting Professional Misconduct

(a) Must report another lawyer’s serious ethical violations that affect honesty or fitness.

Question 15

Rule 8.3(b)

Answer 15

Reporting Professional Misconduct

(b) Must report judges for serious ethical violations.

Question 16

Rule 8.3(c)

Answer 16

Reporting Professional Misconduct

(c) No need to report if info is protected by confidentiality or comes from assistance programs.

Question 17

An attorney in a divorce case believed that the presiding judge had failed to disclose the extent of her family’s relationship with one of the litigants. The attorney filed a motion that asked the judge to recuse herself from the case. The judge refused. When the attorney received a copy of the hearing record, the recording glitched out at the exact point that the judge explained her relationship to the litigant’s family, such that the explanation was inaudible. The attorney did not investigate the matter further. However, months later, during an interview for a local television news show, the attorney mentioned the recording and said that the judge had intentionally edited it to hide her wrongdoing.

Is the attorney subject to discipline under the Model Rules of Professional Conduct?

A
Yes, because the attorney made the statement without any evidence of intentional tampering.

B
Yes, because the attorney made a negative statement about the judge in a public forum.

C
No, because the attorney merely expressed his opinion about the judge’s fitness for office.

D
No, because the legal system relies on attorney assessments in evaluating the professional or personal fitness of persons serving as judges.

Answer 17

A
Yes, because the attorney made the statement without any evidence of intentional tampering.

Answer option A is correct. “A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge.” Model Rules of Prof’l Conduct r. 8.2(a) (Am. Bar Ass’n 2016). Here, the attorney would be subject to discipline because he made the statement with reckless disregard as to its truth, as he did not investigate whether the glitch was intentional or simply a mistake in the recording. Answer option B is incorrect because an attorney may make a negative statement about a judge provided the attorney does not make a false statement or make a statement with reckless disregard as to its truth. Answer option C is incorrect because the fact that the attorney may simply have been stating his opinion did not mean he could do so with a reckless disregard as to the truth of his statement. Answer option D is incorrect because although the legal system does rely on attorney assessments of judges, the attorney still made the assessment with reckless disregard as to its truth.

Question 18

An attorney represented a company that was involved in an oil spill. The company was very concerned regarding potential fines that the state natural resources department could impose. The attorney told the client, “Don’t worry. The director of the natural resources department and I play cards all the time, and he owes me a lot of cash.” (Gambling was not illegal in the state.) When the attorney met with the director of the natural resources department, the director apologized but said that he was obligated to impose the fines under state law.

Is the attorney subject to discipline under the Model Rules of Professional Conduct?

A
Yes, because the attorney implied an ability to improperly influence a government official.

B
Yes, because the attorney did not achieve the result he implied he could achieve for the client.

C
No, because the director imposed the fines on the company.

D
No, because the attorney did not commit any crime.

Answer 18

A
Yes, because the attorney implied an ability to improperly influence a government official.

Answer option A is correct. Under Model Rule 8.4(e), a lawyer may not “state or imply an ability to influence improperly a government agency or official.” Model Rules of Prof’ Conduct r. 8.4(e) (Am. Bar Ass’n 2016). Here, the attorney implied that the director would rule in favor of the company because the director owed the attorney money. Answer option B is incorrect because the issue is whether the attorney implied an improper influence, not what results the attorney implied the client would receive. Answer option C is incorrect because the attorney still implied an improper influence, even if the director nonetheless imposed the fines. Answer option D is incorrect because even though the attorney did not commit a crime, he still implied an improper influence over the director.

Question 19

An attorney represented a criminal defendant in a felony murder case. One evening, the judge presiding over the case called the attorney and said he’d like to speak with the defendant alone in chambers because the judge thought that there was something odd about the case. The attorney got the defendant and brought him to the judge’s chambers, where the judge and the defendant spoke alone for several hours while the attorney waited outside. Ultimately, a jury found the defendant not guilty.

Is the attorney subject to discipline under the Model Rules of Professional Conduct?

A
Yes, because the attorney brought the defendant to the judge’s chambers.

B
Yes, because the attorney did not accompany the defendant inside the judge’s chambers.

C
No, because a jury found the defendant not guilty.

D
No, because this was a criminal case.

Answer 19

A
Yes, because the attorney brought the defendant to the judge’s chambers.

Answer option A is correct. Under Model Rule 8.4 (f), it is professional misconduct for a lawyer to knowingly assist a judge in conduct that is a violation of the rules of judicial conduct or other law. Model Rules of Prof’l Conduct r. 8.4(f) (Am. Bar Ass’n 2016). Under Canon 2, Rule 2.9 of the Model Code of Judicial Conduct, a judge many not engage in ex parte communications except under certain circumstances. Model Code of Jud. Conduct r. 2.9 (Am. Bar Ass’n 2010). Because none of the exceptions apply here, the judge’s ex parte communication with the defendant violated the Model Code of Judicial Conduct, and the attorney assisted him in that violation by bringing the defendant to the judge’s chambers. Answer option B is incorrect because the issue here is not whether the attorney actually participated himself in the ex parte communications in chambers, but whether he assisted the judge in violating an ethical rule. Answer option C is incorrect because the attorney still assisted the judge in violating the Model Code of Judicial Conduct even if a jury, not the judge, found the defendant not guilty. Answer option D is incorrect because there are no special rules for criminal cases in this situation. Instead, the applicable ethical rules apply equally in both civil and criminal cases.

Question 20

An attorney was appointed to represent a neo-Nazi who had allegedly murdered four people. The attorney found the potential client repugnant and told the court he would not represent the client. Additionally, several groups in the community protested at the courthouse and threatened to boycott any lawyer who represented the client. When the attorney refused the appointment, the court pointed out that representing the client would not prove to be a financial burden on the attorney, nor would it likely result in a violation of the Model Rules of Professional Conduct or any other law.

Under the Model Rules, must the attorney accept the appointment?

A
No, because the attorney found the potential client repugnant.

B
No, because the attorney could face backlash from the community for representing the client.

C
Yes, because the attorney did not show good cause why he could not accept the appointment.

D
Yes, because the attorney was required to accept appointments even if the potential client was unpopular.

Answer 20

A
No, because the attorney found the potential client repugnant.

Answer option A is correct. A lawyer may refuse to accept an appointment to represent a client if the lawyer finds the client repugnant. See Model Rules of Prof’l Conduct r. 6.2(c) (Am. Bar Ass’n 2016). Answer option B is incorrect because Model Rule 6.2 notes that a lawyer should accept appointments in “a fair share of unpopular matters or indigent or unpopular clients.” Id. at r. 6.2 cmt. 1. Answer option C is incorrect because the attorney need not show good cause for refusing the appointment if he found the client repugnant. Answer option D is incorrect because as discussed above, the attorney could refuse the appointment based on the fact that he found the client repugnant.

Question 21

An attorney who was a member of the bar in her own state was admitted on a pro hac vice basis to a neighboring state in order to defend her client. During the trial in the neighboring state, the attorney violated the neighboring state’s ethics rules. However, her conduct was not a violation of her own state’s ethics rules or the Model Rules of Professional Conduct.

Is the attorney subject to discipline?

A
No, because she was only admitted to the neighboring state on a pro hac vice basis.

B
No, because her conduct did not violate her own state’s ethics rules or the Model Rules of Professional Conduct.

C
Yes, because she was admitted to practice in the neighboring state and broke the neighboring state’s rule while practicing there.

D
Yes, because attorneys admitted to multiple state bars must at all times adhere to the most stringent ethics rules among the states to which they are admitted.

Answer 21

C
Yes, because she was admitted to practice in the neighboring state and broke the neighboring state’s rule while practicing there.

Answer option C is correct. Under Model Rule 8.5(a), a lawyer is subject to the disciplinary authority of any jurisdiction in which the lawyer is admitted. Here, the attorney has been admitted to practice in the neighboring state, so she is subject to its discipline. Answer option A is incorrect because the fact that she was admitted only temporarily on a pro hac vice basis does not change the analysis. Answer option B is incorrect because the fact that her conduct didn’t violate her own state’s rules or the Model Rules of Professional Conduct does not change the fact that she violated the neighboring state’s rules while representing her client in that state. Answer option D is incorrect because she has to follow the rules of the jurisdictions in which she has been admitted while practicing in those jurisdictions. She need not follow the most stringent rules when practicing in a jurisdiction that has not adopted them.

Question 22

An attorney believed that another lawyer had violated his ethical duties as a lawyer. Both were members of the same state bar. The attorney reviewed the Model Rules of Professional Conduct and discovered that the other lawyer’s actions were not a violation of the Model Rules. Based on his review, he considered the matter closed and chose not to report the other lawyer to the state bar.

Is the attorney correct?

A
No, because he did not review the state’s ethics rules.

B
No, because he did not ask the state bar for guidance.

C
Yes, because the lawyer did not violate the Model Rules.

D
Yes, because the attorney fulfilled his duty to the state bar by reviewing the Model Rules.

Answer 22

A
No, because he did not review the state’s ethics rules.

Answer option A is correct. As a member of the state bar, the other lawyer would be subject to the state’s ethics rules. Answer option A is correct because not every state has adopted the Model Rules, so the attorney should review the state’s ethics rules to determine whether the lawyer violated his ethical duties. Simply reviewing the Model Rules would not be enough. Answer option B is incorrect because the attorney may review the relevant rules himself and is not required to request guidance from the state bar. Answer options C and D are incorrect because the attorney also needs to review the state’s ethics rules before making his decision.

Question 23

An attorney agreed to represent another lawyer in a billing dispute. The lawyer told the attorney that he had billed several clients for work the lawyer had not in fact done. The lawyer blamed his actions on a substance abuse problem, for which he was receiving treatment. Later that day, the attorney spoke to a friend of his who was auditing the challenged billing records. The friend told him that the lawyer’s billing scheme had cost clients hundreds of thousands of dollars.

Is the attorney required to report the lawyer to the disciplinary authorities?

A
No, because the attorney is representing the lawyer in the billing dispute.

B
No, because the lawyer is in treatment for his substance abuse problem.

C
Yes, because the attorney’s friend told the attorney about the lawyer’s billing scheme.

D
Yes, because the lawyer’s conduct raises a substantial question about his fitness to practice law.

Answer 23

A
No, because the attorney is representing the lawyer in the billing dispute.

Answer option A is correct. Model Rule 8.3(a) requires an attorney to report violations of the Model Rules by other lawyers. However, there is an exception if the attorney learns this information through representing another lawyer and disclosure of the information would violate the confidentiality provisions of Model Rule 1.6. Here, since the attorney learned the information while representing the lawyer, he is not required to report it. Answer option B is incorrect because the fact that the lawyer is in treatment does not change the analysis. Answer option C is incorrect because the attorney learned about the billing scheme during his representation of the lawyer and the friend was merely adding some detail to information the attorney already knew. Answer option D is incorrect because the information is protected by attorney-client privilege, despite the fact that it clearly raises a substantial question about the lawyer’s fitness to practice law

Question 24

During her regular appearances before a trial court judge, an attorney has noticed that the judge has become very rude and abusive to litigants and lawyers appearing before him. Other lawyers have noticed the judge’s behavior, but none have reported the judge to the appropriate disciplinary authorities, and most are simply filing for judicial substitutions to avoid the judge. In order to protect her clients from potential bias, the attorney decides not to report the judge. However, she always files for a judicial substitution whenever one of her cases appears in the judge’s court.

Is the attorney subject to discipline?

A
Yes, because the attorney did not report the judge to the appropriate disciplinary authorities.

B
Yes, because the attorney always files for a judicial substitution whenever she appears in the judge’s court.

C
No, because the attorney’s clients might face judicial bias if she reports the judge to the appropriate disciplinary authorities.

D
No, because no other lawyers have thought the judge’s actions were important enough to report.

Answer 24

A
Yes, because the attorney did not report the judge to the appropriate disciplinary authorities.

Answer option A is correct. Model Rule 8.3(b) requires attorneys to report judicial conduct that raises a substantial question as to a judge’s fitness for office. Here, the judge’s behavior is bad enough that the attorney and other lawyers are avoiding him, so she should report the judge’s actions to the appropriate disciplinary authority. Answer option B is incorrect because the attorney would not face discipline simply because she tries to avoid appearing before the judge. Answer option C is incorrect because the attorney cannot avoid her ethical duties simply because she fears some bias may result. Answer option D is incorrect because the actions of other lawyers have no bearing on the attorney’s actions.

Question 25

A client retained an attorney to help with a medical malpractice suit. The client told the attorney that he had first retained another lawyer and paid that lawyer a $500 retainer. However, after that lawyer failed to do any work on the case, the client fired the lawyer and came to the attorney for help. The client told the attorney that the other lawyer kept the retainer, but the client chose not to get the retainer back because the lawyer was a friend and going through some health problems. The client asked the attorney not to do anything about the other lawyer’s actions. Based on the client’s statements, the attorney believed the other lawyer was guilty of professional misconduct, but she decided she would honor the client’s wishes and not report the lawyer to the disciplinary authorities. Is the attorney subject to discipline? A Yes, because the other lawyer neglected the client’s case and kept the client’s $500. B Yes, because the attorney believed the other lawyer committed professional misconduct. C No, because the client asked the attorney not to do anything about the other lawyer’s actions. D No, because the attorney may use her discretion in deciding whether to report the other lawyer.

Answer 25

C No, because the client asked the attorney not to do anything about the other lawyer’s actions. Answer option C is correct. Although Model Rule 8.3(a) requires an attorney to report professional misconduct that raises a substantial question regarding another lawyer’s fitness for the profession, it provides an exception stating that the attorney does not have to report the misconduct if doing so discloses information protected by Model Rule 1.6’s confidentiality rules. Here, the client told the attorney the information during representation and asked the attorney not to do anything about it. Consequently, the attorney is not required to report it to the disciplinary authorities. Answer option A is incorrect because whether or not the attorney is required to report is not based upon the fact that the other lawyer neglected the client’s case and kept the $500. If the lawyer had committed some other type of serious ethical violation, the attorney might still have had a duty to report it. Answer option B is incorrect because of the reporting exception for confidential information. Answer option D is incorrect because the attorney would have been required to report the misconduct if the exception did not apply, making answer option C a better choice.

Question 26

An attorney was representing a client in a wrongful death case. The attorney suspected that the opposing lawyer in the case might not be telling his client about settlement offers and might be giving the client advice intended to extend the length of the suit and gain publicity for the lawyer’s law practice. In fact, because of the trial, the other lawyer appeared on several television shows and became the subject of a popular meme. Is the attorney subject to discipline if he fails to report the other lawyer to the appropriate disciplinary authority? A No, because simply extending the length of the suit does not amount to professional misconduct. B No, because the attorney does not have actual knowledge regarding the lawyer’s motivations in how he is handling the suit. C Yes, because the lawyer has violated the Model Rules. D Yes, because the lawyer’s actions are not based on the best interests of his client.

Answer 26

B No, because the attorney does not have actual knowledge regarding the lawyer’s motivations in how he is handling the suit. Answer option B is correct. Under Model Rule 8.3(a), a lawyer is obligated to report another lawyer when he or she “knows that another lawyer has committed a substantial violation.” Here, a careful reading of the question shows that the attorney doesn’t “know” anything; he merely suspects that the other lawyer might have violated the Model Rules. Answer option A is incorrect because there is no Model Rule stating that a lawyer can violate the Model Rules without discipline so long as that violation only extends the length of the suit. Answer options C and D are incorrect because the attorney only suspects that the other lawyer has violated the Model Rules or acted without the client’s best interests in mind.

Question 27

An attorney shared an office space with another lawyer. While in the office bathroom, the attorney overheard the other lawyer’s telephone conversation with a friend. In that conversation, the other lawyer stated that she was hiding requested documents from an opposing party by claiming they were missing, even though she worried that doing so might be damaging another case that her client was engaged in. Is the attorney who overheard this conversation required to report the other lawyer to the appropriate disciplinary authorities? A Yes, because the lawyer is hiding requested documents. B Yes, because the lawyer may be hurting her client. C No, because the attorney was eavesdropping on a private conversation. D No, because the attorney has no proof that the lawyer is actually hiding documents.

Answer 27

A Yes, because the lawyer is hiding requested documents. Answer option A is correct. Model Rule 8.3(a) requires an attorney to report other lawyers who engage in activity that questions their fitness for the practice of law. Here, hiding documents from a document request clearly raises a question as to the other lawyer’s fitness for the bar. Answer option B is incorrect. The important issue is not whether the lawyer is hurting her client; the important issue is that the lawyer is committing a violation of the Model Rules by acting unethically. Answer option C is incorrect because the fact that the attorney overheard the conversation in the bathroom does not change the analysis. Answer option D is incorrect because the attorney has knowledge of the lawyer’s actions based on the phone conversation. The Model Rules do not require proof.

Question 28

An attorney was hired by a film company to investigate numerous sexual harassment allegations made by former employees. As part of the investigation, the attorney questioned one of the company’s vice presidents. The attorney falsely told the vice president that he was not a suspect and that anything he told her would be kept confidential. During the attorney’s questioning, the vice president admitted to several instances of harassment. Is the attorney subject to discipline? A Yes, because the attorney did not advise the vice president of his Miranda rights before questioning him. B Yes, because the attorney misrepresented the nature of the interview that she was conducting with the vice president. C No, because the vice president was unlikely to answer the attorney’s questions truthfully if he knew he was a suspect. D No, because the vice president was not the attorney’s client.

Answer 28

B Yes, because the attorney misrepresented the nature of the interview that she was conducting with the vice president. Answer option B is correct. Model Rule 8.4(c) states that a lawyer may not “engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.” Here, the attorney was clearly violating the Model Rules by falsely telling the vice president that he was not a suspect and that his statements would be kept confidential. Answer option A is incorrect because the Miranda advisement only applies to custodial interrogations by police officers. Answer option C is incorrect because, even if the vice president was likely to lie if he knew the truth, this would not excuse the attorney’s violation of the Model Rules. Answer option D is incorrect because the Model Rules’ prohibition against dishonesty applies whether a lawyer is dishonest with a client or with any other person.

Question 29

A partner at a law firm told the associates she supervised to add several hours to their clients’ bill statements to make up for some of the firm’s lost business. The partner planned on making it up to those clients by giving them a discount at a later date. Is the partner subject to discipline? A Yes, because the partner told the associates to add hours to their clients’ bill statements. B Yes, because the partner is responsible for the unethical conduct of any associate she supervises. C No, because the associates are responsible for their own unethical conduct. D No, because the partner planned on giving the clients discounts to make up for the extra billing.

Answer 29

A Yes, because the partner told the associates to add hours to their clients’ bill statements. Answer option A is correct. A lawyer violates Model Rule 8.4(a) if he or she “knowingly assist[s] or induce[s] another” to violate the Model Rules. Here, the partner ordered her associates to include false information on their client bills, which is a clear violation of the Model Rules. Answer option B is incorrect because the partner would only be responsible for associate misconduct that she ordered, ratified, or failed to mitigate, not for absolutely anything that an associate might do. Answer option C is incorrect because the fact that the associates were the ones actually lying on the billing statements does not insulate the partner from disciplinary action. Answer option D is incorrect because the partner still ordered the associates to engage in unethical conduct, whether she planned to make up for the conduct or not.

Question 30

For over 25 years, an attorney served her clients without any complaints or ethical issues. However, during that same time, she sometimes aided her brother, who owned a bar, by helping him file false documents concerning his state liquor license applications. The attorney’s brother was never the attorney’s client. Is the attorney subject to discipline? A Yes, because helping her brother to file the false documents reflects on her honesty and trustworthiness. B Yes, because the attorney has a special duty to give truthful information to the state. C No, because the attorney has never received a complaint from a client. D No, because the attorney’s brother was never her client.

Answer 30

A Yes, because helping her brother to file the false documents reflects on her honesty and trustworthiness. Answer option A is correct. Under Model Rule 8.4, a lawyer can face disciplinary action for engaging in dishonest conduct that shows a lack of fitness to practice law. Here, the attorney’s conduct in helping her brother file false documents clearly shows dishonesty and a lack of fitness to practice. Answer option B is incorrect. The issue here is not any special duty the attorney might owe the state, but the fact that the attorney acted dishonestly by helping her brother file false documents. Answer option C is incorrect because a bar committee can still initiate an investigation into violations of the Model Rules even if no complaint has been made. Answer option D is incorrect because the attorney can still act dishonestly in her dealings with her brother even if her brother is not her client.

Question 31

An attorney was convicted of driving a vehicle with expired tags, which was a misdemeanor criminal offense in the attorney's jurisdiction. The attorney timely paid a $500 fine that was assessed as a result of the conviction. Is the attorney likely to be subject to discipline for professional misconduct? A Yes, because the attorney was convicted of a crime. B Yes, because the attorney was required to pay a $500 fine as a result of the conviction. C No, because the attorney's conduct does not reflect on the attorney's fitness as a lawyer. D No, because the attorney paid the $500 fine.

Answer 31

C No, because the attorney's conduct does not reflect on the attorney's fitness as a lawyer. Answer option C is correct. The attorney's conduct does not reflect on the attorney's fitness as a lawyer, so the attorney will not be subject to discipline for professional misconduct. Model Rule of Professional Conduct 8.4(b) provides that it is professional misconduct for a lawyer to commit a crime that suggests a lack of honesty, trustworthiness, or fitness to practice law. Model Rules of Prof'l Conduct r. 8.4(b) (Am. Bar Ass'n 2018). The comments to Model Rule 8.4 further indicate that a lawyer's illegal conduct will subject the lawyer to discipline professionally only if the conduct reflects adversely on the lawyer's fitness to practice. Id. cmt. [2]. In general, the types of offenses that may give rise to discipline for professional misconduct include crimes involving violence, dishonesty, breach of trust, and serious obstruction of justice. Id. Here, although the attorney was convicted of a misdemeanor for driving with expired tags, this type of illegal conduct does not reflect adversely on the attorney's honesty, trustworthiness, or fitness as a lawyer. Accordingly, the attorney will not be subject to discipline for professional misconduct. Answer option A is necessarily incorrect for this reason. Answer options B and D are incorrect because neither the ultimate punishment given to the attorney nor the attorney's satisfaction of the punishment have any effect on the analysis of whether the attorney's illegal behavior may subject the attorney to discipline for professional misconduct.

Question 32

An attorney wrote a best-selling memoir about her stay in a drug rehabilitation facility as a young woman. After publication, several news organizations discovered that the attorney’s memoir was heavily plagiarized and contained many falsehoods. Ultimately, the publisher pulled the memoir and the attorney issued a public apology. Is the attorney subject to discipline? A Yes, because the memoir contained plagiarism and falsehoods. B Yes, because the publisher had to pull the memoir. C No, because the memoir had nothing to do with the practice of law. D No, because the attorney did not commit any crime.

Answer 32

A Yes, because the memoir contained plagiarism and falsehoods. Answer option A is correct. It is a violation of Model Rule of Professional Conduct 8.4(c) to “engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.” Writing a memoir full of plagiarism and falsehoods clearly fits under this category. Answer option B is incorrect. The issue isn’t that the publisher had to pull the book (likely suffering damages in the process); the issue is that the attorney stole from other writers and lied about events in her book. Answer options C and D are incorrect because Model Rule 8.4(c) does not limit actionable conduct to conduct involving the practice of law or criminal conduct.

Question 33

An attorney was at a party when he saw another lawyer do a line of cocaine. The attorney approached the other lawyer, and the lawyer said he had never tried cocaine before but had always been curious. However, because the cocaine made the lawyer feel sick, the lawyer said he was never going to do it again. The attorney reasonably believed that under the Model Rules of Professional Conduct, the other lawyer’s action was not indicative of his fitness to practice law and did not need to be reported to the disciplinary authorities. However, the state’s ethics rules required the reporting of “any use of illegal narcotics.” Must the attorney report the other lawyer to the disciplinary authorities? A Yes, because the lawyer used illegal narcotics. B Yes, because the lawyer committed a crime. C No, because the attorney reasonably believed the other lawyer’s action was not indicative of his fitness to practice law. D No, because the lawyer had never used drugs before and didn’t plan to use them again.

Answer 33

A Yes, because the lawyer used illegal narcotics. Answer option A is correct. When there is a discrepancy between the Model Rules of Professional Conduct and a state’s ethics rules, a lawyer must follow the state’s rules. Here, since the state’s ethics rules require the reporting of illegal narcotics use, the attorney must report the other lawyer. Answer option B is incorrect. While the lawyer may have committed a crime, the important point is that the state’s ethics rules require the reporting of illegal narcotics use. Answer option C is incorrect because state ethics rules take precedence over the Model Rules, and the state rules clearly require the reporting of illegal drug use. Answer option D is incorrect because the lawyer still violated the state’s ethics rules, whether he did so before or planned to do so again.

Question 34

An attorney willfully failed to file income taxes for the past 10 years. During that time, he practiced law ethically and honestly and the state bar received no complaints from any of his clients. Is the attorney subject to discipline? A No, because the attorney’s failure to file income taxes did not reflect upon his fitness to practice law. B No, because the state bar cannot act until a client files a complaint. C Yes, because the attorney failed to file income taxes for the past 10 years. D Yes, because the attorney’s failure to file income taxes was a crime.

Answer 34

C Yes, because the attorney failed to file income taxes for the past 10 years. Answer option C is correct. Under Model Rule of Professional Conduct 8.4(b), a lawyer is guilty of professional misconduct if the lawyer “commit[s] a criminal act that reflects adversely on the lawyer’s … fitness as a lawyer.” Model Rule 8.4 Comment 2 specifically lists willfully failing to file an income tax return as an example of this type of actionable conduct. Answer option A is necessarily incorrect for the same reason. Answer option B is incorrect because a lawyer can still be subject to discipline even if no client files a complaint. Answer option D is incorrect because the important point is that the failure to file income taxes reflected adversely on the lawyer’s fitness as a lawyer, not simply that it was a crime. For example, if the attorney had committed a minor crime like drug possession, it would be unlikely to result in discipline, because such a crime does not involve dishonesty or deceit.

Question 35

An attorney represented the plaintiff in a small matter in front of a local judge. The attorney went golfing one weekend and saw the judge golfing with the defendant. When the attorney told the plaintiff about what he saw, the plaintiff asked the attorney not to report the judge to the disciplinary authorities, because the plaintiff feared doing so could lead to judicial bias against the plaintiff in other larger cases that the plaintiff was involved in. Is the attorney required to report the judge to the disciplinary authorities? A Yes, because the judge violated his duty to appear impartial. B Yes, because the attorney represented the plaintiff. C No, because the plaintiff asked the attorney not to report the judge. D No, because there was no indication that the judge was actually biased in favor of the defendant.

Answer 35

A Yes, because the judge violated his duty to appear impartial. Answer option A is correct. Obviously, a judge should be impartial. In fact, Model Code of Judicial Conduct Canon 1 specifically requires a judge to be impartial and avoid the appearance of impropriety. Here, the judge’s act of golfing with the defendant from a case over which the judge was presiding was a clear violation of this rule. Importantly, Model Rule of Professional Conduct 8.3(b) requires a lawyer to inform the appropriate authority if the lawyer knows a judge has committed a violation of the applicable rules of judicial conduct. Consequently, the attorney must report the judge to the disciplinary authorities. Answer option B is incorrect because the duty to report judicial misconduct is not dependent on a lawyer’s representation of a particular client. Answer option C is incorrect because the attorney still has a duty to report the judge, even if his client asked him not to do so. Answer option D is incorrect because Model Rule 8.3(b) requires lawyers to report conduct that raises “a substantial question as to the judge’s fitness.” Here, regardless of whether or not the judge is actually biased, his conduct does raise a question regarding his fitness as a judge in this case and his fitness as a judge in general, because he should know that engaging in social activities with litigants violates his duty to appear impartial.

Question 36

A client in a complex divorce action initiated an affair with her attorney. Because the attorney planned on marrying the client when the divorce was completed, the attorney stopped charging the client for his representation and was much more aggressive in the litigation than he was in his other divorce cases. Is the attorney subject to discipline? A Yes, because the attorney engaged in conduct that was prejudicial to the administration of justice. B Yes, because any extramarital affair is an act of moral turpitude. C No, because the client initiated the affair. D No, because the attorney stopped charging the client for his services.

Answer 36

A Yes, because the attorney engaged in conduct that was prejudicial to the administration of justice. Answer option A is correct. Rule 8.4(d) of the Model Rules of Professional Conduct prohibits a lawyer from engaging in “conduct that is prejudicial to the administration of justice.” The fact that the attorney had an affair with the client was extremely prejudicial to the client, as the affair impacted the way the attorney handled the case. Answer option B is incorrect because the Model Rules no longer prohibit mere “moral turpitude” if it is not connected to a lawyer’s fitness to practice law. Answer option C is incorrect because a lawyer may not violate the Model Rules simply because his or her client initiated the violation. Answer option D is incorrect because the fact that the attorney stopped charging the client is irrelevant.

Question 37

A lawyer consulted with an ethics attorney regarding the lawyer’s theft of her clients’ funds. The lawyer told the ethics attorney that she had taken the money because of a drug habit, but was now clean and sober. The clients did not discover the missing money and were unlikely to do so because it was less than $200. The lawyer asked the ethics attorney to advise her about her potential liability. Should the ethics attorney report the lawyer to the appropriate disciplinary authorities? A Yes, because the lawyer’s actions brought into question her fitness as a lawyer. B Yes, because the lawyer admitted to criminal activity. C No, because doing so would violate the ethics attorney’s duty of confidentiality. D No, because the clients did not file a complaint.

Answer 37

C No, because doing so would violate the ethics attorney’s duty of confidentiality. Answer option C is correct. Under Rule 8.3(a) of the Model Rules of Professional Conduct, a lawyer has a duty to report another lawyer’s serious misconduct that raises a substantial question about that lawyer’s honesty, trustworthiness, or fitness to practice. However, Model Rule 8.3(c) notes that the Model Rule does not require disclosure of information otherwise protected by a lawyer’s duty of confidentiality. While Model Rule 1.6(b) allows a lawyer to reveal confidential information in the case of substantial injury to the financial interests of another, the question notes that the clients were unlikely to notice the missing money and that the missing amount was less than $200. Here, since the lawyer has told the ethics attorney about her actions while seeking legal advice, the ethics attorney is not required to report the lawyer to the disciplinary authorities. Consequently, answer options A and B are incorrect. Answer option D is incorrect because a lawyer’s duty to report misconduct is not dependent upon a client’s filing of a complaint.

Question 38

An attorney was eating lunch near the courthouse when he ran into another lawyer having lunch with a client. The other lawyer was clearly drunk and said he’d been drunk since 9 a.m. that morning. The other lawyer then told the attorney that he had appeared in court at 10 a.m. and that he had still managed to win his client’s motion to suppress evidence. The other lawyer’s client told the attorney that he was thrilled with the lawyer’s representation and would recommend him to everyone he knew. Under the Model Rules of Professional Conduct, should the attorney report the other lawyer to the disciplinary authorities? A No, because the other lawyer won the motion. B No, because the other lawyer’s client was thrilled with the lawyer’s representation. C Yes, because the other lawyer was drunk in court. D Yes, because the other lawyer might have a substance abuse problem.

Answer 38

C Yes, because the other lawyer was drunk in court. Answer option C is correct. Under Model Rule of Professional Conduct 8.3(a), an attorney has a duty to report another lawyer’s serious misconduct that raises a substantial question about honesty, trustworthiness, or fitness to practice law. Clearly, being drunk in court while arguing his client’s motion was serious misconduct that raised a substantial question about the other lawyer’s fitness to practice law, so the attorney must report it. Answer options A and B are incorrect because the other lawyer’s success and the client’s satisfaction do not change the fact that the lawyer acted in such a way as to raise a substantial question about his fitness to practice law. Answer option D is incorrect because the mere possibility that another lawyer “might” have a substance abuse problem does not raise an obligation to report the other lawyer under the Model Rules.

Question 39

A recently admitted lawyer started a solo practice. One day while watching the news, he saw that a large apartment-building fire had injured some of the tenants. The lawyer was worried about paying his rent and thought that he might make some money if he could get some of the tenants as clients. Although he accurately believed that doing so was a violation of the Model Rules of Professional Conduct, the lawyer found the phone numbers of some of the apartment residents and called them to offer legal advice. However, all the residents failed to answer their phones, and the lawyer decided not to leave any messages. Under the Model Rules of Professional Conduct, is the lawyer subject to discipline? A Yes, because the lawyer called the residents. B Yes, because a lawyer is never permitted to solicit multiple clients arising out of single event. C No, because the lawyer did not speak with any of the residents. D No, because the lawyer did not leave any messages.

Answer 39

A Yes, because the lawyer called the residents. Answer option A is correct. Model Rule of Professional Conduct 8.4(a) prohibits a lawyer from violating or attempting to violate the Model Rules. Here, the lawyer tried to violate the Model Rules by calling the apartment residents, so he is subject to discipline. Answer option B is incorrect because the Model Rules do not categorically prevent a lawyer from soliciting multiple clients arising out of a single event. Answer options C and D are incorrect because the lawyer attempted to violate the Model Rules. The fact that he did not actually speak with any of the tenants and did not leave messages does not change the analysis.

Question 40

An attorney was at a bar when he overheard a prominent lawyer tell the bartender that he had punctured one of the tires on his neighbor’s car in retaliation for the neighbor leaving his trash can in the lawyer's driveway. The lawyer told the bartender he was embarrassed about his behavior and had already paid back the neighbor for the damage. Because the attorney did not want to make an enemy, he decided not to report the other lawyer to the disciplinary authorities. Which of the following best explains why the attorney would likely not be subject to discipline for failing to report the lawyer’s conduct to the bar? A The lawyer had not been charged criminally for puncturing the neighbor’s tire. B The lawyer’s actions were not related to the practice of law. C The lawyer paid the neighbor for the damage. D The lawyer’s actions did not raise a substantial question about his fitness to practice.

Answer 40

D The lawyer’s actions did not raise a substantial question about his fitness to practice. Answer option D is correct. An attorney has a duty to report another lawyer’s serious misconduct that raises a substantial question about that lawyer’s honesty, trustworthiness, or fitness to practice. However, not all misconduct requires reporting. Even illegal conduct may not give rise to a duty to report if the conduct is relatively minor, isolated, and not related to the lawyer’s honesty or integrity. Here, although the lawyer had a temper tantrum and punctured one of his neighbor’s tires during a neighborhood dispute, a single incident like this likely does not reflect on the lawyer’s honesty, trustworthiness, or fitness to practice. Consequently, the attorney likely did not need to report the lawyer’s conduct. Answer option A is incorrect. An attorney has a duty to report another lawyer’s serious misconduct that raises a substantial question about that lawyer’s honesty, trustworthiness, or fitness to practice. However, not all misconduct requires reporting. Even illegal conduct may not give rise to a duty to report if the conduct is relatively minor, isolated, and not related to the lawyer’s honesty or integrity. Here, the fact that the lawyer had not been charged criminally would not relieve the attorney of his duty to report misconduct. Lawyers must report serious misconduct even if it does not result in criminal charges. Here, the best explanation for why the attorney was not required to report the lawyer’s conduct is that although the lawyer had a temper tantrum and punctured one of his neighbor’s tires during a neighborhood dispute, a single incident like this likely does not reflect on the lawyer’s honesty, trustworthiness, or fitness to practice. Answer option B is incorrect. An attorney has a duty to report another lawyer’s serious misconduct that raises a substantial question about that lawyer’s honesty, trustworthiness, or fitness to practice. However, not all misconduct requires reporting. Even illegal conduct may not give rise to a duty to report if the conduct is relatively minor, isolated, and not related to the lawyer’s honesty or integrity. Here, the fact that the lawyer’s misconduct was unrelated to the practice of law is not grounds for failing to report the misconduct. The ethical rules require reporting of any misconduct that raises a substantial question about a lawyer’s fitness to practice. Rather, the best explanation for why the attorney was not required to report the lawyer’s conduct is that although the lawyer had a temper tantrum and punctured one of his neighbor’s tires during a neighborhood dispute, a single incident like this likely does not reflect on the lawyer’s honesty, trustworthiness, or fitness to practice. Answer option C is incorrect. An attorney has a duty to report another lawyer’s serious misconduct that raises a substantial question about that lawyer’s honesty, trustworthiness, or fitness to practice. However, not all misconduct requires reporting. Even illegal conduct may not give rise to a duty to report if the conduct is relatively minor, isolated, and not related to the lawyer’s honesty or integrity. Here, the fact that the lawyer had already made amends for his actions is not grounds for failing to report the misconduct. The ethical rules require reporting of any misconduct that raises a substantial question about a lawyer’s fitness to practice. Rather, the best explanation for why the attorney was not required to report the lawyer’s conduct is that although the lawyer had a temper tantrum and punctured one of his neighbor’s tires during a neighborhood dispute, a single incident like this likely does not reflect on the lawyer’s honesty, trustworthiness, or fitness to practice.

Question 41

A tenured law professor discovered that an adjunct professor had committed serious ethical misconduct. Both the tenured professor and the adjunct professor were licensed attorneys, but neither practiced law, instead working exclusively at the university as educators. Under the Model Rules of Professional Conduct, must the tenured professor report the adjunct professor’s misconduct to the bar? A No, because the tenured professor is not practicing law. B No, because the adjunct professor is not practicing law. C Yes, because there is a duty to report all misconduct by other lawyers. D Yes, because the tenured professor knows of misconduct that raises a serious question about the adjunct professor’s fitness to practice law.

Answer 41

D Yes, because the tenured professor knows of misconduct that raises a serious question about the adjunct professor’s fitness to practice law. Answer option D is correct. Under the Model Rules of Professional Conduct, a lawyer must report serious misconduct by another lawyer that raises a substantial question about the lawyer’s honesty, trustworthiness, or fitness to practice law. Lawyers may report minor violations and may report serious violations that the lawyer only suspects but does not know. Here, the tenured professor knows that the adjunct professor has committed serious ethical misconduct. Even though neither party is practicing law, both parties are licensed attorneys, so the ethical rules apply. The tenured professor must report the adjunct professor’s misconduct to the bar. Answer option A is incorrect. Under the Model Rules of Professional Conduct, a lawyer must report serious misconduct by another lawyer that raises a substantial question about the lawyer’s honesty, trustworthiness, or fitness to practice law. Lawyers may report minor violations and may report serious violations that the lawyer only suspects but does not know. Here, the tenured professor knows that the adjunct professor has committed serious ethical misconduct. Even though neither party is practicing law, both parties are licensed attorneys, so the ethical rules apply. The tenured professor must report the adjunct professor’s misconduct to the bar. Answer option B is incorrect. Under the Model Rules of Professional Conduct, a lawyer must report serious misconduct by another lawyer that raises a substantial question about the lawyer’s honesty, trustworthiness, or fitness to practice law. Lawyers may report minor violations and may report serious violations that the lawyer only suspects but does not know. Here, the tenured professor knows that the adjunct professor has committed serious ethical misconduct. Even though neither party is practicing law, both parties are licensed attorneys, so the ethical rules apply. The tenured professor must report the adjunct professor’s misconduct to the bar. Answer option C is incorrect. Under the Model Rules of Professional Conduct, a lawyer must report serious misconduct by another lawyer that raises a substantial question about the lawyer’s honesty, trustworthiness, or fitness to practice law. Lawyers may report minor violations and may report serious violations that the lawyer only suspects but does not know. This rule incorrectly states that there is a duty to report all misconduct by other lawyers. Reporting minor misconduct, or serious misconduct that is only suspected but not known, is permissive, not mandatory. Here, the tenured professor knows that the adjunct professor has committed serious ethical misconduct. The tenured professor must therefore report the adjunct professor’s misconduct to the bar.