MCQs Quiz 1 Flashcards
(22 cards)
Attorney Alford is admitted to practice before the highest court of State A, but not in State B. Client Clara lives in State A, but she runs a business in State B. She asks Alford to defend her in a lawsuit pending in a trial court of State B. The suit involves the proper interpretation of State B business tax statute. Would it be proper for Alford to represent Clara?
A. Yes, if State B admits him pro has vice
B. Yes, because State B cannot constitutionally discriminate against non-resident attorneys
C. No, because Clara’s business is conducted in State B, and he is not admitted to practice in State B
D. No, because the suit involves the interpretation of State B statute, and he is not admitted to State B bar
PG. 78
A.
Lawyer Linda is admitted to practice in State A, but not in State B. Her cousin asks her to write a letter recommending him for admission to practice law in State B. Linda knows her cousin is educationally well-qualified to be a lawyer, but she regards him as thoroughly dishonest. May Linda write a letter stating that her cousin is fit to practice law?
A. No, because Linda is not a member of State B bar
B. No, because Linda would be making a false statement of material fact
C. Yes, because her belief about her cousin’s lack of honestly is merely her own opinion
D. Yes, because the bar of State B will decide for itself whether her cousin is a person of good moral character
PG. 78
B.
Law graduate Samuel has passed State C’s bar exam. For which of the following reasons could State C constitutionally refuse to admit Sam to practice?
I. Plans to live in neighboring State D and commute
II. Active member of Founding Fathers party, political organization advocating for radical realignment of government
III. Not a U.S. citizen
IV. Convicted of federal tax fraud 2 years ago
A. None
B. All
C. II, III, and IV
D. IV
PG. 79
D.
One of Lawyer Leon’s clients gave him a Little Yellow Box, an electronic device that enables one to make free long distance telephone calls from a pay phone. Leon used it occasionally to call his mother in Des Moines. Use of such a device is a misdemeanor under applicable state law. Leon was arrested for using this device. At his trial, he denied ever having it in his possession. The judge did not believe him, and fined him $1000. That same week, Leon’s law partner, Leona, went backpacking in the mountains. She was arrested by a Forest Ranger for violating a state statute that makes it a misdemeanor to pick mushrooms in a state forest during certain months. Leona did not know about the statute. Leona pled guilty to the charge, and the judge fined her $1000.
A. Both Leon & Leona are subject to discipline
B. Neither Leon or Leona are subject to discipline
C. Leon is subject to discipline, but not Leona
D. Leona is subject to discipline, but not Leon
PG. 79
C.
When law student Sabrina was 17 years old, a juvenile court in State A convicted her of shoplifting a $2500 fur coat. She served 8 months in a juvenile correction facility & was under supervision of parole officer for one year. After parole, she completed high school, college, and law school, and she led a totally law-abiding life. When Sabrina appleid for admission to practice law in State B, she was required to fill out a questionnaire. One question asked her disclose “all convictions, including juvenile convictions.” In answering that question she put “not applicable” on the theory that her juvenile conviction in State A was irrelevant to her present moral character. The bar of State B did not learn about her State A conviction until 6 months after she’d been admitted. Is Sabrina subject to discipline?
A. Yes, because she withheld a material fact when she answer the questionnaire
B. Yes, because a person who has committed a crime involving dishonesty or false statement is disqualified from practicing law
C. No, because her prior juvenile conviction was not relevant to her moral character at the time of her application to the bar
D. No, because State B’s questionnaire is unconstitutional invasion of privacy
PG. 80
A.
Attorney Arner is a member of State C bar. While on vacation in State D, Arner was stopped by a police officer for driving a rental 95mph in a 65mph zone. Arner offered the police office five crisp $100 bills, saying “Do you think we could make this little problem go away?” Thereupon he was arrested for attempting bribery of a police officer, a felony. He was ultimately convicted of that offense in State D and was fined $10,000. Is Arner subject to discipline in State C?
A. No, because his conduct took place beyond State C’s jurisdiction
B. Yes, because his conduct involves dishonesty and suggests he is unfit to practice law
C. No, because his conduct was not connected with the practice of law
D. Yes, because commission of any criminal act is grounds for professional discipline
PG. 80
B.
Client Cathcart hired Lawyer Lindell to prepare an estate plan. In connection with that work, C told L in strict confidence about a criminal fraud perpetrated by C’s former lawyer, Foreman. L urged C to report F’s conduct to the state bar. For unstated reasons, C refused to do so and refused to allow L to do so. What is the proper course of conduct for L in this situation?
A. To keep information in confidence, as C instructed
B. To speak with F in confidence, to inform him what C said, and to urge F to rectify fraud
C. To report info to state bar, despite C’s instructions not to
D. To write anonymous letter to state bar, relating facts disclosed by C
PG. 80
A.
For many years, lawyer Snyder has represented a professional football team, the Raptors, in business law matters. On the team’s behalf, Snyder has filed a breach of contract case against the City Board of Commissioners concerning the stadium that the city leases to the Raptors. Snyder is counsel of record in the suit, and he has conducted all of the discovery for the Raptors. The trial date is fast approaching, and the Raptors owners have retained a very famous trial lawyer, Marvin Slick, to serve as Snyder’s co-counsel and to do the actual trial work. Although Snyder envies Slick’s win-loss record, he regards Slick as little more than a highly-educated con artist with whom he cannot possibly work. Which of the following may Snyder do?
A. Immediately seek court’s permission to withdraw from case
B. Promptly instruct team owners to terminate their arrangement with Slick
C. Ask the team owners to consent to his withdraw, if he believes that is in their best interest
D. Advise Slick to withdraw, if Snyder believes that is in the best interests of the team owners
PG 111
C.
Attorney Arbuckle is admitted to practice in State A. The State A Rules of Court require court permission before an attorney can withdraw from a pending case. The courts of State A have statutory authority to impose litigation sanctions on lawyers who violence the Rules of Court. State A does not recognize attorney retaining liens on client’s funds, property, or litigation files (that is, an attorney cannot keep these items to secure payment of his or fee). Arbuckle agreed to defend Clauzoff in a civil action for theft of plaintiff’s trade secrets. Clauzoff agreed to pay Arbuckle $100 per hour, and he gave Arbuckle a $10,000 advance for litigation expenses. Three times, the plaintiff scheduled the taking of C’s deposition, and all three times C failed to show up. Further, despite repeated promises, C failed to send A some documents that A needed in order to draft responses to plaintiff’s interrogatories. After A put in 40 hours on the case, he billed C $4000, but C refused to pay. A finally decided to have nothing further to do with the case; when plaintiff’s counsel telephoned, A told her that he has resigned as C’s lawyer. C asked A to hand over the litigation files and refund the unspent part of the $10,000 expense advance, but A refused both requests. Which of the following statements are correct?
I. A is subject to litigation sanctions for stepping out of the case without court’s consent.
II. A is subject to discipline for withdrawing from the case without adequate grounds.
III. A is subject to discipline for refusing to hand over the litigation files to C
IV. A is subject to discipline for refusing to refund the unspent part of the expense advance
A. All of the above
B. I & IV
C. II, III, & IV
D. I, III, & IV
PG 111-112
D.
Jason P. Worthington is among the wealthiest men in NY society. When his son was arrested for selling illegal drugs to his perp school classmates, Worthington sought the legal services of the prestigious old firm of Bradbury & Crosswell. The Bradbury firm practices almost nothing but securities and banking law. For which of the following reasons may Bradbury decline employment in this case?
I. Worthington is not among firm’s regular clients.
II. Firm is not experienced in criminal litigation.
III. Worthington can obtain better service at lower fees from lawyers with more experience in criminal litigation.
IV. The firm does not want to take time away from its regular work for matters such as this one.
A. All of the above
B. None of the above
C. III
D. II
PG 112
A.
When attorney Hodges graduated from law school 3 years ago, she opened a solo practice in a small rural community close to the state’s major prison. Her primary interests are family law and real estate. Her practice is growing very slowly, despite her long work hours. She is barely able to make financial ends meet. The presiding judge of the local State District Court has asked her to serve as a court-appointed counsel in a civil action that was originally filed in propria persona by an indigent inmate of the prison. From the roughly drawn complaint, the presiding judge believes there may be some merit in the inmate’s allegations of brutality by some of the guards and gross neglect on part of the warden. State law allows attorney fees to be awarded to a plaintiff in a civil action of this type, but only if the plaintiff is victorious. Attorney Hodges realizes that she will not be paid for her work if she loses the case, and is very concerned about the financial loss she may suffer if she takes time away from her regular practice. Further, she is worried about harming her reputation because the warden and many prison employees form the nucleus of her community. Which of the following statements are correct?
I. She may decline to serve on the ground that her practice is primarily in the fields of real estate and family law.
II. She may decline to serve if she believes in good faith that she cannot reasonably take the financial risk involved.
III. She may decline to serve if she believes in good faith that to serve would seriously injure her reputation in the community.
IV. She may decline to serve if she believes in good faith that some of her present clients will be offended if she takes the case.
A. All
B. None
C. II only
D. I, II, & IV
PG 113
C.
Lawyer Yeager has been retained by the officers of Amalgamated Finished & Patternworkers Union, Local 453, to draft a new set of bylaws for the local. Yeager strongly disagrees with one of the provisions the officers want to include in the new bylaws. The provision would deny members of the local the right to vote on some important issues that involve the expenditure of union funds. Although Yeager believes that provision is lawful and consistent with the national union charter, she believes it would be unwise and inconsistent with the best interests of the members of the local. If the union can obtain another counsel without serious loss, may Yeager withdraw from the matter?
A. Yes, but only if she obtains the consent of her client
B. Yes, because her client is asking her to do something that is against her best judgment
C. No, because she is obliged to carry out the lawful objectives of her client
D. No, unless her client has breached the agreement under which she has agreed to perform the work
PG 113
B.
For a century or more, the commercial finishing industry in Northport has been dominated by two feuding clans, the VonRutz family and the McCabe family. The McCabes hired lawyer Lang to sue VonRutz in federal court for predatory pricing in violation of federal antitrust laws. The complaint alleges that VonRutz have been selling their fish below cost with the intent of driving McCabes out of business, which would give VonRutz monopoly over the area. The information that was available to Lang when he drafted the complaint supported the “below cost” allegation. During pretrial discovery, however, it because obvious that VonRutz never sold their fish below their average total cost. Under the applicable law, that means they could not possibly have engaged in predatory pricing, and no good faith argument can be made for changing that law. Nevertheless, the McCabes instructed Lang to move for summary judgment, explaining: “The VonRutz caused misery for our father and our grandfathers and our great grandfathers. Winning isn’t important–we just want to remind those rotten VanRutz that it’s expensive to mess with us.” If Lang follows his client’s instructions to move for summary judgment:
A. Lang will not be subject to discipline because he is obliged to follow his clients’ instructions on matters that affect the clients’ substantial legal rights.
B. Lang potentially will be subject to litigation sanctions because discovery has revealed his clients’ claim is frivolous.
C. Lang will be subject to civil liability for malicious prosecution, no matter what the ultimate outcome of the predatory pricing case
D. Lang will not be subject to discipline because he did not know until pretrial discovery that his clients’ claim was frivolous
PG 114
B.
Mark Norris is a newscaster for the local TV station. Every weeknight following the evening news, he presents a 10 minute segment entitled “The Funny Town.” It is patterned on an old-fashioned newspaper gossip column. Most of it concerns the private lives and peccadilloes of the prominent and would-be prominent citizens of the community. Judges and lawyers are among Mr. Norris’ favorite subjects. He and Attorney Philos have arrived a tacit agreement. Whenever Philos hears a piece of juicy gossip about a local judge or lawyer, he passes it along to Norris. In return, Norris frequently recommends Philos’ legal service in his broadcasts. For example, Norris calls Philos “a fearless courtroom ace,” or he states opinions such as: “If you want to win your case, hire Philos.” Is Philos subject to discipline.
A. Yes, because Philos is providing something of value to Norris for recommending his services
B. Yes, because a lawyer can be disciplined for demeaning other members of the legal profession
C. No, unless he gives false or privileged information to Norris
D. No, because Philos conduct is a protected form of speech under the First and Fourteenth Amendments
PG 141
A.
Three years ago, attorneys Hooten and Snod formed a law partnership called Hooten & Snod. A year later, Wooten died, and Snod continued practicing under the former firm name. Then Snod hired a salaried associate, Tremble, and the firm name was changed to Hooten, Snod, & Tremble. The following year, Snod left the practice to become a commissioner on the FTC. Tremble took over the practice & continued to use the same name. Later, because he had more space in the office than he needed, he entered into a space-sharing agreement with attorney Gangler. The sign on the door now reads Tremble & Gangler. Which of the following are correct?
I. After Horton died, it was proper for Snod to continue using the firm name Hooten & Snod.
II. When Snod hired Tremble, it was proper to change the firm name to include Tremble.
III. After Snod joined FTC, it was proper for Tremble to continue using Snod as part of the firm name.
IV. The present sign on the door is proper.
A. All
B. I, II, & III
C. I & II
D. I
PG 141
D.
Attorney Anton advertised on the local TV station. His ads stated in relevant part: “The most I will charge for any type of legal work is $100 per hour, and if your problem is not complicated, the hourly fee will be even lower.” Which of the following propositions are correct?
I. Anton may advertise on the local TV station so long as his ads aren’t false or misleading.
II. If Anton charged $125 an hour for complicated legal work, he will be subject to discipline for using a misleading ad.
III. If Anton’s ad fails to state that some other lawyers in the community charge substantially lower fees, he will be subject to discipline.
A. II
B. I & III
C. I & II
D. II & III
PG 142
C.
Lawyer Del Campos practices in a town in which 25% of the people are Mexican-Americans and another 20% have recently immigrated to the U.S. from Mexico. The bar of his state does not certify specialists in any field of law nor does it approve private organizations that certify legal specialists. However, Del Campos has been certified as a specialist in immigration law by the American Association of Immigration Attorneys, a private org accredited by the ABA. Del Campos wants to put an ad in the classifieds section of the local telephone book. Which of the follows items of info may he include in his ad?
I. That he “serves clients who are members of the Continental Prepaid Legal Service Plan.”
II. That he “speaks Spanish.”
III. That he has been “certified as an immigration specialist by the American Association of Immigration Attorneys.”
IV. That he can “arrange credit for fee payments.”
A. All
B. None
C. I, II, & IV
D. I & III
PG 142-143
A.
Attorney Salmon published a brochure entitled “What to do When You Are Injured.” It contains accurate, helpful information on obtaining medical treatment, recording details of the event, notifying insurance companies, not making harmful statements, and the like. The cover of the brochure identifies Salmon as a “Personal Injury Attorney” and gives his office address and phone number. One afternoon, Salmon was standing in a crowd of people that saw a pregnant woman knocked down in a pedestrian crosswalk by a speeding car. A few days later, Salmon mailed the woman a copy of his brochure, together with a letter stating that he had witnessed the accident and was willing to represent her for a reasonable fee should she wish to sue the car driver. The outside envelope stated that the envelope contained “advertising materials.” The bar in Salmon’s state does not have a 30-day waiting period of the kind in “Went For It.”
A. Salmon is subject to discipline, both for sending the woman the brochure & for sending her the letter
B. Salmon is subject to discipline for sending the woman the latter, but not for sending the brochure
C. Salmon is subject to discipline for offering his legal services, for a fee, to a person who was not a relative, client, or former client
D. Salmon’s conduct was proper
PG 143
D.
Attorney Gresler offered a free half-day seminar for nurses, hospital attendants, and emergency medical personnel on personal injury law as it relates to accident victims. During the seminar, he told the group about the importance of preserving items of physical evidence, keeping accurate records of medical treatment, accurately recording statements made by the victim and others about the accident, and the like. At the close of the seminar, he passed out packets of his professional cards and invited members of the group to give them to accident victims. Was his conduct proper?
A. Yes, because a lawyer has an ethical obligation to help non-lawyers recognize legal problems and handle those accordingly
B. Yes, because his conduct is protected by the Free Speech clause of the First and Fourteenth Amendments
C. No, because he invited members of the group to hand out his professional cards to accident victims
D. No, because he dispensed legal advice to people with whom he had no prior professional relationship
PG 143-144
C.
After graduating from law school, three young women formed their own new firm dedicated to the law of women’s rights in the workplace. They established an attractive site on the Internet. Their website includes very specific biographical information about each of them, including info about their families, hobbies, and all academic & athletic honors they received in college and law school. The site also includes detailed, thoroughly researched position paper they have written on current legal issues in their field of practice. The position papers are written so they can be understood by a lay audience. The website includes an email link that allows site visitors to ask legal questions of the lawyers. The question form requires the questioner to supply enough info about themselves to permit lawyers to do a conflict of interest check before responding. The questioner supplies a credit card number, and the lawyers answer questions for a small fee. The lawyers do not answer questions from site visitors who live outside the state in which the lawyers have their office. If a question is too difficult to answer competently by email, the lawyers invite the questioner to come to their office for a free initial consultation. Is the conduct of the three lawyers proper?
A. No, because their website includes personal information about the three lawyers that is not relevant to the potential client’s selection of a lawyer
B. No, because the e-mail feature permits the lawyers to dispense legal advice to people they have never met and with whom they have never established a lawyer-client relationship
C. Yes, but only if the fee for emailing an answer is not unreasonably high
D. Yes, but only if the position papers are on non-controversial legal issues that do not require specialized knowledge of women’s employment law
PG 144
C,
The firm of Wilkens & Crosse has existed for many years in Chicago. Now it wishes to open an office in LA. The LA office will be established as a separate partnership. Some of the proposed LA partners are admitted to practice only in CA, and they will not because partners in the Chicago firm. Some of the Chicago partners are admitted to practice in both states; they will retain their partnership at the Chicago firm, and become partner at the LA firm. The letterheads of both firms will accurately identify which lawyers are admitted to practice in which jurisdictions. The two firms will regularly refer work back and forth, and each firm will be available to the other firm and its clients for consultations and advice. Further, on some occasions, partners and associates will be transferred from one firm to the other. Each firm will advertise itself as an “affiliate” of the other. Is the arrangement proper?
A. Yes, provided the nature of the affiliate relationship is explained
B. Yes, because affiliate is a broad term that can cover many kinds of relationships
C. No, because a partner of a firm in one state is not permitted to be a partner of a firm in a different state
D. No, because the arrangement contemplates the referral of work from one firm to another in violation of the solicitation rule
PG 144-145
A.
