Pro Res 2021 Spring Flashcards by Eli Linden

Defendant has retained lawyer to represent defendant. The police are investigating defendant for killing his neighbor. Over the years, defendant and neighbor had often argued over the appearance of neighbor’s yard. Many witnesses had observed these arguments, which were loud and threatening. But no witness had seen neighbor’s killing. Based upon the wounds neighbor suffered, the police believe that the murder weapon was a hedge clipper, but they have not been able to find the hedge clipper used to kill neighbor. Defendant meets with lawyer and asks whether the case against defendant would be weaker if the police never found the hedge clipper that killed neighbor. Lawyer says that absent the clippers and absent eyewitnesses the prosecution would have a difficult time making a case against defendant. Lawyer believed that defendant was asking this question so that defendant could better understand the strength of the government’s case, and not in order to dispose of the clipper. Defendant, however, asked the question because defendant had a hedge clipper at home and intended to throw it in the river if lawyer said they would be important evidence. When defendant arrived home, defendant had a change of heart and decided not to do so. Is the conversation between lawyer and defendant protected by the attorney-client privilege?

A. Yes because defendant had sought confidential legal advice from lawyer.
B. Yes because defendant never disposed of the hedge clipper.
C. No because defendant consulted lawyer for the purpose of disposing of the hedge clipper.
D. No unless lawyer knew that defendant was considering disposing of the hedge clipper.

B. Yes because defendant never disposed of the hedge clipper.

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Company, a publicly traded corporation, very successfully sells computer repair warranties through telemarketers. The Consumer Protection Agency opens a fraud investigation of Company. On behalf of Company, CEO hires lawyer, who had previously advised CEO on personal matters, to represent Company in conducting an internal investigation and advising on next steps. Lawyer interviews dozens of employees, including CEO, and reviews thousands of documents. Lawyer discovers that Company had a routine procedure of cc’ing the General Counsel on all significant correspondence just in case the correspondence raised legal issues. Upon review of the interviews and documents, Lawyer finds that CEO and Marketing Director had indeed created a scheme to defraud consumers, and that Company was likely to be found liable for the scheme. Lawyer submits a report to the Board of Directors, which proceeds to fire CEO and Marketing Director, and to negotiate with the Consumer Protection Agency for lenience for Company because it is seeking in good faith to expeditiously remedy the fraud.

Could lawyer disclose the fraud to the Consumer Protection Agency?

A. No because Company hired lawyer to investigate the fraud.
B. No because lawyer disclosed to Board and Board acted expeditiously to remedy the fraud.
C. Yes if the fraud caused financial substantial injury to consumers.
D. Yes because Company is publicly traded.

A. No because Company hired lawyer to investigate the fraud.

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Company, a publicly traded corporation, very successfully sells computer repair warranties through telemarketers. The Consumer Protection Agency opens a fraud investigation of Company. On behalf of Company, CEO hires lawyer, who had previously advised CEO on personal matters, to represent Company in conducting an internal investigation and advising on next steps. Lawyer interviews dozens of employees, including CEO, and reviews thousands of documents. Upon review of the interviews and documents, Lawyer discovers that Company had a routine procedure of cc’ing the General Counsel on all significant correspondence just in case the correspondence raised legal issues. Lawyer submits a report to the Board of Directors, which proceeds to fire CEO and Marketing Director, and to negotiate with the Consumer Protection Agency for lenience for Company because it is seeking in good faith to expeditiously remedy the fraud.

CEO files a disciplinary complaint against lawyer, claiming violations of the duties of competence, loyalty, and confidentiality. Could lawyer potentially be subject to discipline?

A.Yes unless lawyer made clear to CEO that CEO was not a client.
B.Yes but only if CEO was an unsophisticated user of legal services.
C. No because Company was lawyer’s client.
D. No because a lawyer cannot represent both a corporation and a constituent.

A.Yes unless lawyer made clear to CEO that CEO was not a client.

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Company and Consumer Protection Agency publicly announce a resolution of the Agency’s investigation. Attorneys for a class of consumers sue Company based on similar allegations of fraud and seek all relevant documents in discovery. Company claims attorney-client privilege for all documents sent to, or cc’d to, the General Counsel. Those documents are:

A. not protected by the attorney-client privilege because Company is a publicly traded corporation.
B. not protected by the attorney-client privilege only if they had been shared with the Agency.
C. protected by the attorney-client privilege only if the predominant intent of the particular document was to seek legal advice and the document had not been shared with Agency.
D. protected because the attorney-client privilege protects communications between lawyers and corporate employees, whether or not they are part of the control group.

C. protected by the attorney-client privilege only if the predominant intent of the particular document was to seek legal advice and the document had not been shared with Agency.

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As we discussed in class, Louis Brandeis’s conception of the People’s Lawyer would probably:

A. apply to Jerry Blackwell’s role in the Chauvin case because his representation was pro bono.
B. apply to Jerry Blackwell’s role in the Chauvin case because he represented the people of Minnesota.
C. not apply to Jerry Blackwell’s role in the Chauvin case because Blackwell is primarily a corporate lawyer.
D. not apply to Jerry Blackwell’s role in the Chauvin case because being a prosecutor is not public interest law.

A. apply to Jerry Blackwell’s role in the Chauvin case because his representation was pro bono.

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As we discussed in class, Louis Brandeis’s conception of the People’s Lawyer would:

A. apply to Benjamin Crump’s representation of George Floyd’s family because George Floyd was killed by the police.
B. apply to Benjamin Crump’s representation of George Floyd’s family because Crump is pursuing his vision of the public good through his work.
C. not apply to Benjamin Crump’s representation of George Floyd’s family if Crump received a contingent fee for the representation.
D. not apply to Benjamin Crump’s representation of George Floyd’s family because Crump’s practice is primarily personal injury law.

B. apply to Benjamin Crump’s representation of George Floyd’s family because Crump is pursuing his vision of the public good through his work.

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Judge’s daughter-in-law is plaintiff’s lawyer in a matter that has been assigned to Judge. Judge puts on the record her relationship to plaintiff’s lawyer and explains her belief that she can – and will – be fair to the lawyers and the parties. Judge does not recuse herself. Is Judge subject to discipline?
A. Yes because the parties and their lawyers cannot waive disqualification based on Judge’s personal bias.
B. Yes so long as the parties and their lawyers waive disqualification.
C. No because plaintiff’s lawyer is Judge’s daughter-in-law and not Judge’s child.
D. No only if the parties and their lawyers were outside of the presence of court personnel when they agreed to waive disqualification.

D. No only if the parties and their lawyers were outside of the presence of court personnel when they agreed to waive disqualification.

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Senior Justice of the Fordham State Supreme Court is Chair of the Board of Fordham Refugee Services. Senior Justice solicits a $1000 donation for Fordham Refugee Services from newly appointed Junior Justice. Is Senior Justice subject to discipline?

A. Yes because Senior Justice is Chair of the Board of Fordham Refugee Services.
B. Yes unless Fordham Refugee Services does not litigate in Fordham State Court.
C. No if Fordham Refugee Services is concerned with the law, the legal system, or the administration of justice.
D. No because Judge may solicit charitable contributions from colleagues.

D. No because Judge may solicit charitable contributions from colleagues.

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The Fordham State Attorney General appoints Special Counsel to investigate and report on whether Amazing Computers paid the Governor a $1 million bribe in exchange for Amazing receiving a $10 million contract for cloud services. The Special Counsel found it more likely than not that Amazing had bribed the Governor. Attorney General announced publicly that the Special Counsel report presented no reason to believe that the bribery had occurred. The Fordham Senate subpoenaed the Special Counsel Report and the Attorney General’s testimony regarding the report. The Attorney General refused to produce the report but testified to the Fordham Senate that the report presented no reason to believe that the bribery had occurred. Under the Fordham Special Counsel statute, the Fordham Senate successfully litigated to obtain a copy of the Special Counsel Report.

With regard to Attorney General’s public announcement,

A. Attorney General is not subject to discipline because the report was not yet public.
B. Attorney General is not subject to discipline unless Attorney General has committed a crime.
C. Attorney General is subject to discipline even if Attorney General’s statement did not violate the criminal law.
D. Attorney General is subject to discipline unless Attorney General reasonably believed that the statement was necessary to protect the Governor from the substantial undue prejudicial effect of press coverage of the investigation.

C. Attorney General is subject to discipline even if Attorney General’s statement did not violate the criminal law.

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With regard to the Attorney General’s testimony to the Fordham Senate,

A. Attorney General is not subject to discipline because the hearing was legislative.
B. Attorney General is not subject to discipline because Attorney General is a government lawyer.
C. Attorney General is subject to discipline because the hearing was legislative.
D. Attorney General is subject to discipline because Attorney General is a government lawyer.

C. Attorney General is subject to discipline because the hearing was legislative.

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Lawyer, a member of the Fordham bar, has been drinking too much. As a result, lawyer has been missing deadlines and failing to respond to client emails. Lawyer shares this information with Lawyer’s closest friend, law school Classmate, who is also a member of the Fordham bar. Classmate strongly recommends that Lawyer contact the Fordham Lawyer Assistance Program, which Lawyer does. Lawyer begins a 12-step program that the Lawyer Assistance Program sponsors. Lawyer tells Lawyer’s 12 step group about Lawyer’s drinking, missing deadlines, and failing to respond to emails. Client, whose emails Lawyer had ignored for 6 months, files a disciplinary complaint against Lawyer.

Which of the following is true?

A. Lawyer is not subject to discipline because Lawyer enrolled in a Lawyer Assistance Program.
B. Classmate is not subject to discipline because Lawyer enrolled in a Lawyer Assistance Program.
C. Lawyer is subject to discipline even though Lawyer enrolled in a Lawyer Assistance Program.
D. Classmate is subject to discipline only if Lawyer’s missed deadlines and failure to respond to client emails had caused substantial harm to Client.

C. Lawyer is subject to discipline even though Lawyer enrolled in a Lawyer Assistance Program.

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Lincoln Lawyer is a prominent personal injury lawyer. Lincoln Lawyer creates the Lincoln Firm with five other distinguished personal injury lawyers as Lincoln Lawyer’s partners. They then hire a dozen associates. To find clients, the Lincoln Firm begins a television advertising campaign. Advertisement One features Lincoln Lawyer stating that “If you are injured and want to hire a specialist in personal injury law, call us.” Advertisement Two shows a cartoon image of Abraham Lincoln saying, “The Lincoln Firm lawyers, they’re like family to me.” Six months after the advertisements begin to run, Lincoln Lawyer dies. The remaining lawyers continue to practice under the Lincoln Firm name and create Advertisement Three, a short history of Lincoln Lawyer’s spectacular victories in the courtroom.

Advertisement One:

A. can permissibly describe the firm’s lawyers as specialists.
B. can only describe the firm’s lawyers as specialists if they are properly certified and the advertisement identifies the certifying authority.
C. can only describe the firm’s lawyers as specialists if the advertisement includes a disclaimer that the lawyers’ specialization does not guaranty results.
D. can say that the firm’s lawyers “specialize in” personal injury practice but not that they are specialists.

A. can permissibly describe the firm’s lawyers as specialists.

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Lincoln Lawyer is a prominent personal injury lawyer. Lincoln Lawyer creates the Lincoln Firm with five other distinguished personal injury lawyers as Lincoln Lawyer’s partners. They then hire a dozen associates. To find clients, the Lincoln Firm begins a television advertising campaign. Advertisement One features Lincoln Lawyer stating that “If you are injured and want to hire a specialist in personal injury law, call us.” Advertisement Two shows a cartoon image of Abraham Lincoln saying, “The Lincoln Firm lawyers, they’re like family to me.” Six months after the advertisements begin to run, Lincoln Lawyer dies. The remaining lawyers continue to practice under the Lincoln Firm name and create Advertisement Three, a short history of Lincoln Lawyer’s spectacular victories in the courtroom.

Advertisement Two:

A. is impermissible unless at least one of the lawyers is related to Abraham Lincoln.
B. is impermissible because the advertisement’s goal is basically to develop name recognition.
C. is permissible because the advertisement’s goal is to develop name recognition.
D. is permissible only with a disclaimer that Abraham Lincoln never actually endorsed the Lincoln Firm.

C. is permissible because the advertisement’s goal is to develop name recognition.

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Lincoln Lawyer is a prominent personal injury lawyer. Lincoln Lawyer creates the Lincoln Firm with five other distinguished personal injury lawyers as Lincoln Lawyer’s partners. They then hire a dozen associates. To find clients, the Lincoln Firm begins a television advertising campaign. Advertisement One features Lincoln Lawyer stating that “If you are injured and want to hire a specialist in personal injury law, call us.” Advertisement Two shows a cartoon image of Abraham Lincoln saying, “The Lincoln Firm lawyers, they’re like family to me.” Six months after the advertisements begin to run, Lincoln Lawyer dies. The remaining lawyers continue to practice under the Lincoln Firm name and create Advertisement Three, a short history of Lincoln Lawyer’s spectacular victories in the courtroom.

Advertisement Three:

A. is permissible if the advertisement’s goal is to develop name recognition.
B. is permissible if it is accurate.
C. is misleading because Lincoln Lawyer is dead.
D. is misleading unless it includes a disclaimer explaining both that Lincoln Lawyer is dead and that past successes are not a guaranty of future results.

D. is misleading unless it includes a disclaimer explaining both that Lincoln Lawyer is dead and that past successes are not a guaranty of future results.

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Lincoln Lawyer is a prominent personal injury lawyer. Lincoln Lawyer creates the Lincoln Firm with five other distinguished personal injury lawyers as Lincoln Lawyer’s partners. They then hire a dozen associates. To find clients, the Lincoln Firm begins a television advertising campaign. Advertisement One features Lincoln Lawyer stating that “If you are injured and want to hire a specialist in personal injury law, call us.” Advertisement Two shows a cartoon image of Abraham Lincoln saying, “The Lincoln Firm lawyers, they’re like family to me.” Six months after the advertisements begin to run, Lincoln Lawyer dies. The remaining lawyers continue to practice under the Lincoln Firm name and create Advertisement Three, a short history of Lincoln Lawyer’s spectacular victories in the courtroom.

After Lincoln Lawyer dies, the firm:

A. can no longer use the Lincoln Firm name because it is false and misleading.
B. can use the firm name only with a disclaimer stating that Lincoln Lawyer is dead.
C. can use the Lincoln Firm name.
D. can no longer use the Lincoln Firm name because Lincoln Lawyer is dead.

C. can use the Lincoln Firm name.

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A nonlawyer and a lawyer wanted to create and co-own an online legal services business providing consumers with legal advice and helping them create and file documents. In what jurisdiction would you advise them to start their business?

A. Utah
B. Florida
C. California
D. All of the above.
E. None of the above.

A. Utah

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Lawyer had been widely acclaimed for Lawyer’s leadership as Commissioner of the Fordham Securities Regulation Agency. In that capacity, Lawyer had initiated, and seen through completion, an overhaul of the Agency’s rules regulating insider trading. After returning to private practice, Lawyer agrees to represent Client in an insider trading investigation by the Agency. Is Lawyer subject to discipline?

A. Yes because, as Commissioner, Lawyer had closely supervised the drafting of the insider trading rules.
B. Yes if the Agency had begun the investigation of Client during Commissioner’s tenure and Lawyer had been aware of the investigation.
C. No because, as Commissioner, Lawyer was a government officer, and not a government lawyer.
D. No unless Lawyer had been personally and materially involved in an Agency investigation of Client’s alleged insider trading.

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D. No unless Lawyer had been personally and materially involved in an Agency investigation of Client’s alleged insider trading.

Professor loved to teach Professional Responsibility. The course gave Professor an opportunity to share war stories from Professor’s earlier career as a prominent litigator. One of Professor’s favorite stories involved a motion to disqualify that Professor won in a famous case that ended twenty years ago. Although Professor took great pride in the successful motion, the media had not covered it. Professor is:

A. subject to discipline because the media did not cover the motion to disqualify.
B. subject to discipline because the client did not consent.
C. not subject to discipline because the motion to disqualify is publicly available in court records.
D. not subject to discipline because the case ended twenty years ago.

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A. subject to discipline because the media did not cover the motion to disqualify.

Defendant was being tried for robbing a liquor store and murdering the liquor store’s cashier. Defendant tells Lawyer that Defendant is innocent and was not near the liquor store at the time of the robbery. Defendant says that there is a witness who could corroborate the alibi, but Defendant will not permit Lawyer to speak to the witness, much less call the witness to testify. Lawyer is puzzled and asks Defendant for an explanation. Defendant responds, “Is everything I tell you confidential?” Lawyer replies that law and ethics require Lawyer to keep confidential everything Defendant tells Lawyer. Defendant then shares that Defendant was having an affair with the Spouse of Defendant’s Best Friend and was with the Spouse at the time of the robbery and murder, but that Defendant does not want Lawyer to contact Spouse or otherwise provide evidence of the alibi. Lawyer explains that without Spouse’s testimony Defendant is likely to be convicted but Defendant’s opinion does not change. Lawyer does not ask Spouse to testify and does not seek to argue Defendant’s alibi. Instead, Lawyer contests the eyewitness testimony and argues that the prosecution has not proven Defendant’s guilt beyond a reasonable doubt. Defendant is convicted and sentenced to life in prison.

When Lawyer tells Defendant that law and ethics require Lawyer to keep confidential everything Defendant tells Lawyer, Lawyer is:

A. correctly explaining the duty of confidentiality and the attorney-client privilege.
B. misstating only the duty of confidentiality.
C. misstating only the attorney-client privilege.
D. misstating both the duty of confidentiality and the attorney-client privilege.

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D. misstating both the duty of confidentiality and the attorney-client privilege.

Defendant was being tried for robbing a liquor store and murdering the liquor store’s cashier. Defendant tells Lawyer that Defendant is innocent and was not near the liquor store at the time of the robbery. Defendant says that there is a witness who could corroborate the alibi, but Defendant will not permit Lawyer to speak to the witness, much less call the witness to testify. Lawyer is puzzled and asks Defendant for an explanation. Defendant responds, “Is everything I tell you confidential?” Lawyer replies that law and ethics require Lawyer to keep confidential everything Defendant tells Lawyer. Defendant then shares that Defendant was having an affair with the Spouse of Defendant’s Best Friend and was with the spouse at the time of the robbery and murder, but that Defendant does not want Lawyer to contact Spouse or otherwise provide evidence of the alibi. Lawyer explains that without Spouse’s testimony Defendant is likely to be convicted but Defendant’s opinion does not change. Lawyer does not ask Spouse to testify and does not seek to argue Defendant’s alibi. Instead, Lawyer contests the eyewitness testimony and argues that the prosecution has not proven Defendant’s guilt beyond a reasonable doubt. Defendant is convicted and sentenced to life in prison.

If Defendant later sued Lawyer for malpractice:

A. Lawyer would be liable because a reasonable lawyer would have investigated the alibi witness and, if the witness was credible, called the witness to testify.
B. Lawyer would be liable for allowing Defendant to control legal strategy.
C. Lawyer would not be liable because Defendant made an informed choice.
D. Lawyer would not be liable unless Defendant proved actual innocence.

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C. Lawyer would not be liable because Defendant made an informed choice.

Defendant was being tried for robbing a liquor store and murdering the liquor store’s cashier. Defendant tells Lawyer that Defendant is innocent and was not near the liquor store at the time of the robbery. Defendant says that there is a witness who could corroborate the alibi, but Defendant will not permit Lawyer to speak to the witness, much less call the witness to testify. Lawyer is puzzled and asks Defendant for an explanation. Defendant responds, “Is everything I tell you confidential?” Lawyer replies that law and ethics require Lawyer to keep confidential everything Defendant tells Lawyer. Defendant then shares that Defendant was having an affair with the Spouse of Defendant’s Best Friend and was with the Spouse at the time of the robbery and murder, but that Defendant does not want Lawyer to contact Spouse or otherwise provide evidence of the alibi. Lawyer explains that without Spouse’s testimony Defendant is likely to be convicted but Defendant’s opinion does not change. Lawyer does not ask Spouse to testify and does not seek to argue Defendant’s alibi. Instead, Lawyer contests the eyewitness testimony and argues that the prosecution has not proven Defendant’s guilt beyond a reasonable doubt. Defendant is convicted and sentenced to life in prison.

After Defendant served ten years in prison, Defendant’s Best Friend died. Spouse then contacted Attorney and asked for representation in helping clear Defendant’s name. Attorney arranged for Spouse and Attorney to meet with the Prosecutor who tried the case against Defendant. Spouse explained that Defendant was wrongly convicted because Defendant had an iron clad alibi but neither Defendant nor Spouse was willing to destroy Best Friend by making their affair public. Prosecutor listens and says that Prosecutor will consider what Spouse has shared. Upon further consideration, Prosecutor decides in good faith that Spouse is not credible. If Spouse were telling the truth, Spouse would have been willing to testify at trial. Now that Best Friend has died, Prosecutor believes, Spouse is free to manufacture a false alibi for Defendant. Prosecutor takes no further action.

Prosecutor is:
A. subject to discipline for failing to remedy Defendant’s conviction.
B. subject to discipline for failing to disclose the evidence to the Defendant and undertake further investigation.
C. not subject to discipline because Prosecutor has no duty to take further action.
D. not subject to discipline unless Prosecutor believes beyond a reasonable doubt that Defendant is innocent.

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C. not subject to discipline because Prosecutor has no duty to take further action.

Lawyer represents Tech Billionaire in a matrimonial matter. As the case proceeds, Lawyer and Tech Billionaire develop feelings toward each other. They begin to date but decide to wait to have sexual relations until the matrimonial matter concludes. The day the matrimonial matter settles they consummate their relationship.

Lawyer is probably:

A. not subject to discipline because Tech Billionaire is a sophisticated client.
B. not subject to discipline because Lawyer and Tech billionaire did not have sexual relations until the matter concluded.
C. subject to discipline for continuing the representation after Lawyer began dating Tech Billionaire.
D. subject to discipline unless Tech Billionaire gave informed consent after they began dating and Lawyer reasonably believed that Lawyer could continue to competently represent Tech Billionaire.

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D. subject to discipline unless Tech Billionaire gave informed consent after they began dating and Lawyer reasonably believed that Lawyer could continue to competently represent Tech Billionaire.

Client is suing Neighbor seeking an injunction and damages for Neighbor’s trespassing on Client’s property. Client cares deeply about getting this resolved expeditiously. Client instructs Lawyer to move the case as quickly as possible and not to agree to any adjournments. At a pretrial scheduling conference, the court offers counsel for both parties the opportunity to set a trial date in June, July, or August. Neighbor’s Attorney asks for August because Attorney needs as much time as possible to prepare. Lawyer also prefers August. Lawyer has a scheduled trial in June and a long-planned family vacation in July. The court schedules the trial for August. Is Lawyer subject to discipline?

A. Yes because Lawyer disregarded Client’s instructions.
B. Yes because Lawyer breached Lawyer’s duty of diligence.
C. No only if Lawyer was unable to reschedule the vacation in July.
D. No because Lawyer has satisfied Lawyer’s duties to Client.

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D. No because Lawyer has satisfied Lawyer’s duties to Client.

App Designer is considering an antitrust suit against App Store. Lawyer is an experienced antitrust lawyer working at a law firm with significant expertise in antitrust law. App Designer meets with Lawyer to discuss possible representation. They discuss the form agreement that App Store requires and hypothetical reasons it could be deemed anticompetitive. Lawyer declines to have a more specific conversation unless App Designer retains Lawyer. After the meeting, App Designer decides that Lawyer would not be the right choice and decides to retain a different attorney. App Store then asks Lawyer to defend it against App Designer’s antitrust lawsuit. Lawyer asks App Designer to provide informed consent in writing to Lawyer’s representation of App Store. App Designer refuses. Which of the following is likely to be true?

A. Lawyer’s firm can only represent App Store if the firm screens lawyer and gives written notice to App Designer.
B. Lawyer can represent App Store.
C. Lawyer’s firm cannot represent App Store because its interests are materially adverse to App Designer in the same matter App Designer discussed with Lawyer.
D. Lawyer’s firm cannot represent App Store because to do so could require Lawyer to use confidential information provided by App Designer.

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B. Lawyer can represent App Store.

25. Which of the following perspectives is the LEAST LIKELY to support a Rule imposing upon lawyers a duty to counsel clients to promote racial justice? A. Professionalism B. Feminist lawyering C. Neutral Partisan D. Religious lawyering

C. Neutral Partisan

26. Law firm hires outside consultants to anonymously survey the mental health needs of associates. The consultants find that closure of law firm’s office for more than a year and other Covid related pressures have resulted in widespread feelings of isolation that have in many cases either lead to – or exacerbated -- anxiety and depression. The consultants also find that substance abuse has increased significantly. They recommend that the firm increase the mental health coverage in its health plan, provide easy access to therapy, reward associates for taking steps that will improve their mental health, and make partners responsible for treating associates in respectful and collegial ways that will best promote the associates’ mental health. Which of the following is true? A. The partners with managerial authority in the law firm may have a moral duty to assist the associates, but not an ethical duty. B. The law firm has a moral duty to assist the associates, but not an ethical duty. C. The partners with managerial authority in the law firm have an ethical duty to assist the associates. D. The law firm has an ethical duty to assist the associates.

C. The partners with managerial authority in the law firm have an ethical duty to assist the associates.

27. Lawyer goes on a late-night talk show to discuss the recent elections. Lawyer states that the Attorney General is knee deep in election corruption and that the Attorney General’s corruption changed the election outcome. Lawyer sincerely believes what Lawyer has said but Lawyer has not done an independent investigation of the facts. Indeed, there is no evidence that the Attorney General is knee deep in election corruption and that Attorney General’s corruption changed the election outcome. Is lawyer subject to discipline? A. No because Lawyer’s statements are political expression protected by the First Amendment. B. Yes because Lawyer made the statement without conducting an investigation. C. No because Lawyer sincerely believed what Lawyer said. D. Yes because Lawyer has violated the rules on publicity.

B. Yes because Lawyer made the statement without conducting an investigation.

28. Lawyer works at Lincoln & Center. Lawyer has represented Pharma for many years in connection with all of Pharma’s patent applications. Lawyer has not yet retired but is winding down Lawyer’s practice. All the other lawyers who previously worked on the Pharma patents have left the firm and Lawyer does not plan to do more work for Pharma. Generic approaches one of Lawyer’s Partners and asks Partner to represent Generic in challenging one of Pharma’s patents. Partner and Lawyer contact Pharma asking for consent to the representation of Generic. Pharma refuses. Which of the following is true? A. Lincoln & Center cannot represent Generic without Pharma’s consent. B. Lincoln & Center does not need Generic’s consent because a successive conflict is not imputed. C. Lincoln & Center does not need Generic’s consent if Lawyer is screened, and written notice and certification is sent to Pharma. D. Lincoln & Center cannot represent Generic even with Pharma’s consent.

A. Lincoln & Center cannot represent Generic without Pharma’s consent.

29. Lawyer is now retired. Lawyer had worked at Lincoln & Center and had represented Pharma for many years in connection with all of Pharma’s patent applications. DrugsRus approaches Lincoln & Center seeking representation in challenging one of the Pharma patents for which Lawyer had represented Pharma. Which of the following is true? A. Lincoln & Center can only represent DrugsRus with Pharma’s consent. B. Lincoln & Center can only represent DrugsRus if no remaining attorney knows confidential information related to the Pharma patent in question. C. Lincoln & Center can represent DrugsRus if no remaining attorney knows material confidential information related to the patent in question. D. Lincoln & Center can represent DrugsRus because Lawyer has retired and Lawyer’s conflicts are no longer imputed to Lincoln & Center.

C. Lincoln & Center can represent DrugsRus if no remaining attorney knows material confidential information related to the patent in question.

30. Little XYZ, a performer, has an agreement with Sneakers, Inc. to sell Angel sneakers manufactured by Sneakers, Inc. in connection with the sale of XYZ’s new song, Angel Wings. It turns out that the song Angel Wings is very popular and very controversial. Sneakers, Inc. sends Little XYZ a letter saying that it is cancelling the agreement to sell Angel sneakers. Little XYZ retains Lawyer to respond to Sneakers, Inc. and to sue Sneakers, Inc. for specific performance of the Angel sneakers agreement. Little XYZ is short of cash and cannot afford Lawyer’s usual retainer and hourly fee. Instead, Little XYZ, a multiple Grammy winner, offers lawyer 2% of the profits from online sales of the Angel Wings song. Lawyer agrees but suggests that Little XYZ consider obtaining independent legal advice regarding the fee agreement. Little XYZ declines to do so. Lawyer sends Little XYZ a written fee agreement that describes the fee as 2% of profits from online sales of the Angel Wings song and states that Little XYZ has been given an opportunity to consult an independent lawyer but has declined. Little XYZ gives informed consent in writing to the fee agreement. Lawyer is: A. subject to discipline if the fee is unreasonable. B. subject to discipline because Little XYZ did not seek independent counsel. C. subject to discipline because the song rights are related to the litigation. D. subject to discipline because the fee agreement gives lawyer a proprietary interest in the subject matter of the litigation.

A. subject to discipline if the fee is unreasonable.

31. Student and Supervising Attorney in a law school Clinic meet with a prospective indigent Client to discuss representation in a consumer fraud matter. Student explains that the representation is free and that the Clinic will pay all expenses and court costs. Prospective Client responds that it’s been a very difficult year and it is hard to focus on the case when Client does not even have enough money for school supplies for Client’s child. Supervising Attorney replies, “don’t worry. We’ll take care of the school supplies for now.” Prospective Client signs a retainer with the clinic. Which of the following is true with regard to the payment for school supplies? A. Supervising Attorney is subject to discipline. B. Student and Supervising Attorney are subject to discipline. C. Neither Student nor Supervising Attorney is subject to discipline. D. Student is not subject to discipline if the Supervising Attorney’s decision was a reasonable resolution of an arguable question of professional duty.

A. Supervising Attorney is subject to discipline.

32. The Law Group, a Fordham law firm, provides a wide range of services ranging from lobbying and corporate law to mass torts and medical practice. The Law Group hires the Fordham Governor’s brother, a non-lawyer, to help advise the firm’s lobbying and social justice work. The firm agrees that Brother will not personally lobby Governor or executive agencies but may very well lobby legislators. Governor’s brother will not be a partner in the Law Group but will share in the firm’s profits through the firm’s compensation plan. The Law Group’s arrangement with the Governor’s brother: A. violates the rule on sharing profits with non-lawyers. B. is consistent with the rule on sharing profits with non-lawyers. C. violates the unauthorized practice law because lobbying requires legal expertise. D. creates an ancillary business practice.

B. is consistent with the rule on sharing profits with non-lawyers.

33. The Law Group, a Fordham law firm, provides a wide range of services ranging from lobbying and corporate law to mass torts and medical practice. The Law Group hires the Fordham Governor’s brother, a non-lawyer, to help advise the firm’s lobbying and social justice work. The firm agrees that Brother will not personally lobby Governor or executive agencies but may very well lobby legislators. Governor’s brother will not be a partner in the Law Group but will share in the firm’s profits through the firm’s compensation plan. The Law Group is very proud that the Governor’s brother has joined the firm and buys a full-page advertisement in all the newspapers in Fordham announcing that the Governor’s brother has joined the Law Group as an advisor. The advertisement only identifies the Governor’s brother by name, lists his credentials, and states that he will help advise the firm’s lobbying and social justice work. It does not specifically identify the relationship with the Governor. The Law Group’s advertisement featuring the Governor’s brother: A. is not false or misleading. B. is misleading without a disclaimer. C. implies an ability to influence improperly a government agency. D. improperly highlights a nonlawyer employee.

A. is not false or misleading.

34. Senior Partner at Lincoln & Center does not have any understanding of AI-based legal services. Client asks Senior Partner to advise on whether Client should adopt an AI-based contract management software that claimed to be able to replace 50,000 hours of in-house counsel time. Senior Partner asks Associate to evaluate the software and report back to Senior Partner. Associate concludes that the software is reliable and Senior Partner passes that recommendation on to Client. Unfortunately, Associate was not competent to analyze the software and Client encountered numerous problems with the software that were expensive to resolve. The following are subject to discipline: A. Senior Partner B. Associate C. Senior Partner and Associate D. Senior Partner, Associate, and Lincoln & Center E. None of the above.

C. Senior Partner and Associate

35. Senior Partner at Lincoln & Center does not have any understanding of AI-based legal services. Client asks Senior Partner to advise on whether Client should adopt an AI-based contract management software that claimed to be able to replace 50,000 hours of in-house counsel time. Senior Partner asks Associate to evaluate the software and report back to Senior Partner. Associate concludes that the software is reliable and Senior Partner passes that recommendation on to Client. Unfortunately, Associate was not competent to analyze the software and Client encountered numerous problems with the software that were expensive to resolve. Client can recover in malpractice against: A. Lincoln & Center B. Senior Partner C. Associate D. All of the above E. None of the above

D. All of the above

36. Orange, a Fortune 100 tech company, retains IP Boutique law firm for a variety of different intellectual property matters. IP Boutique’s retainer includes a waiver of future conflicts in unrelated intellectual property matters. Amazing, also a Fortune 100 tech company, retains IP Boutique to sue Orange in an unrelated intellectual property matter. Which of the following is true? A. The rules prohibit a waiver of future conflicts. B. The waiver of future conflicts is too general to be effective. C. The waiver is likely to be effective if IP Boutique’s lawyers reasonably believe they can competently represent both Amazing and Orange. D. The waiver is not effective because the conflict is nonconsentable.

C. The waiver is likely to be effective if IP Boutique’s lawyers reasonably believe they can competently represent both Amazing and Orange.

37. Lawyer is head of litigation for Electric Motors. The legal staff of Electric Motors works at the Electric Motors headquarters in Fordham. Lawyer is admitted in Fordham. Lawyer’s job requires that lawyer sometimes represents Electric Motors in court and sometimes hires outside counsel to represent Electric Motors in court. Electric Motors moves its headquarters and its legal department to Texas. Soon thereafter, shareholders sue Electric Motors in Texas state court and lawyer appears on behalf of the company. Lawyer is: A. not subject to discipline if lawyer is admitted pro hac vice. B. subject to discipline even if lawyer is admitted pro hac vice. C. not subject to discipline because Electric Motors is an organizational employer. D. subject to discipline because it is unauthorized practice of law for a Fordham lawyer to practice in Texas.

B. subject to discipline even if lawyer is admitted pro hac vice.

38. Litigator was admitted to practice in the State of Fordham, which limits contingency fees to no more than 25%. Litigator is admitted pro hac vice to represent a plaintiff in the neighboring State of Hudson. Hudson permits contingency fees of 35%. Litigator’s fee agreement with plaintiff is for a 35% contingency fee. After the matter is settled and Litigator receives her 35% contingency fee, plaintiff discovers the Fordham limitation and wants to file a disciplinary complaint against Litigator. Which of the following is true? A. Plaintiff can only file a disciplinary complaint in Fordham. B. Plaintiff can only file a disciplinary complaint in Hudson. C. Plaintiff can file a disciplinary complaint in either Fordham or Hudson. D. Plaintiff can file a disciplinary complaint in both Fordham and Hudson.

D. Plaintiff can file a disciplinary complaint in both Fordham and Hudson.

39. Litigator was admitted to practice in the State of Fordham, which limits contingency fees to no more than 25%. Litigator is admitted pro hac vice to represent a plaintiff in the neighboring State of Hudson. Hudson permits contingency fees of 35%. Litigator’s fee agreement with plaintiff is for a 35% contingency fee. After the matter is settled and Litigator receives her 35% contingency fee, plaintiff discovers the Fordham limitation and files a disciplinary complaint against Litigator. Which of the following is true? A. The disciplinary hearing will apply the law of the jurisdiction where the hearing occurs. B. The disciplinary hearing will apply the law of Fordham. C. The disciplinary hearing will apply the law of Hudson. D. The disciplinary hearing will apply the law of the jurisdiction where Litigator reasonably believed the predominant effect of Litigator’s conduct would occur.

C. The disciplinary hearing will apply the law of Hudson.

40. Lawyer has represented Telemarketer in both regulatory and litigation matters. Lawyer is currently defending Telemarketer against a class action alleging violation of consumer protection laws. Lawyer reasonably believes, but does not know, that Telemarketer has used Lawyer’s services to defraud consumers. Which of the following is true? A. Lawyer must ask the court for permission to terminate the representation. B. Lawyer cannot ask the court for permission to terminate the representation. C. Lawyer must bring Telemarketer’s fraud to the attention of the court D. Lawyer may continue to represent Telemarketer.

D. Lawyer may continue to represent Telemarketer.

Pro Res 2021 Spring Flashcards

(40 cards)