A prosecutor has a high-profile case against two defendants accused of killing their
wealthy aunt
and uncle, with whom the defendants lived since childhood. The defendants are the
only known living relatives of the victims and stand to inherit a great deal of money.
Autopsies revealed severe bacterial infection, but the State will argue that the
defendants introduced the substance into their relatives' food. The State plans to
charge the defendants with manslaughter only, as they are claiming imperfect self-
defense because the aunt and uncle allegedly abused them when they were children.
The prosecutor knows it will be difficult to get a conviction even
for manslaughter given the evidence of the relatives' abuse of the defendants likely to
be admitted at
trial. Without the knowledge of defense counsel,
the prosecutor visits the defendants at the jail where they are in custody, and says,
"Mind if we talk for a minute?" The defendants nod their heads yes. With their consent,
he makes one last try at obtaining either an admission from them or a plea to a lesser
charge. They say they can't agree to anything because their lawyer told them he is
going to win. Then the prosecutor says, "Well, if that's how you want it, tell that sleazy
lawyer of yours that I'm going for Murder One—the death penalty." The women then
confess to the killings and agree to plead guilty to manslaughter.
Is the prosecutor subject to discipline?
,Give this one a try later!
(B) Yes, because he visited the defendants in jail.
A lawyer represents the owner of an office building. The bank that holds the
mortgage on the office building is seeking to foreclose. On the morning of the day
set for the foreclosure, the lawyer files suit and finds a judge
to whom the lawyer presents a petition for a temporary restraining order to prevent
the foreclosure sale. The lawyer presents the petition to the judge without giving
notice to the bank or to the bank's counsel. The lawyer argues that the notice of the
sale was defective. The lawyer does not reveal to the judge that the bank sent
a second notice that arguably cured the defect in the notice. The judge grants the
temporary restraining order.
Is the lawyer subject to discipline?
Give this one a try later!
(B) Yes,becausethelawyerdidnotinformthejudge of all material facts that
would enable the judge to make an informed decision on the petition.
During jury selection in a civil case, the lawyer comes to know that one prospective
juror misrepresented information that would have resulted in the juror
being struck for cause. Such a misrepresentation is a criminal act. The lawyer also
comes to know that the prospective juror made the misrepresentation because the
prospective juror wanted to be on the jury and wanted to ensure that the lawyer's
client would prevail. The lawyer uses one of his peremptory strikes to remove the
prospective juror and does not disclose the prospective juror's misrepresentation to
the tribunal.
Is the lawyer subject to discipline?
Give this one a try later!
, (C) No,because the lawyer took reasonable remedial measures in response
to the prospective juror's misrepresentation when the lawyer struck the
prospective juror peremptorily.
A famous white-collar criminal defense lawyer is retained by an executive of an
insurance company, who is charged with having bilked investors out of their life
savings. The executive is released on bond and meets with the lawyer at his office.
After looking at the evidence obtained in discovery, the lawyer tells the executive that
he is probably going to lose at trial and go to jail. The executive says, "I wish I knew
which countries did not have extradition treaties with the United States. That would
sure be a good way for me to get out of this mess." The lawyer goes over to his
bookshelf and opens an international law treatise to the page showing countries
having no extradition treaties with the United States, hands the book to the client, and
walks out of the room. When the lawyer returns, he tells the executive that his bail
conditions would be violated and that the executive could be subject to a second
charge of bail jumping if he fled the country to avoid trial.
Is the lawyer subject to discipline?
Give this one a try later!
(A) Yes, because he provided his client with the information needed to help
him succeed in fleeing the country.
A lawyer approaches his client, a wealthy businesswoman involved in many complex
business transactions, with an opportunity involving syndicated LLC ownership of
several real estate parcels. Although the businesswoman is sophisticated, the lawyer
meets with her at his office to explain the transaction. He warns her that while the
investors anticipate a high return rate, it is a very risky investment. He summarizes the
LLC syndication
in simple terms. He notes that while he will have
a majority of units, giving him voting control, she
will be on equal footing with all other investors on terms that the government agency
that reviews such transactions has deemed fair and reasonable. He recommends that
, she take a few days before signing the documents to consult with another lawyer
about it.
The businesswoman returns several days later. She tells the lawyer that she
understands the transaction and the lawyer's role as majority owner with power over
minority interests such as hers, and that she consents to the risks. She signs the
syndication documents and invests a considerable amount of money. However, after
six months, the real estate market collapses, and she loses her entire investment.
Is the lawyer subject to discipline?
Give this one a try later!
(A) Yes, because the lawyer did not confirm the arrangement in writing.
A lawyer seeks to increase her business. She is approached by Lawyer's Internet
Referral Service, Inc. (LIRSI). LIRSI offers to help the lawyer attract more clients. For a
fee, LIRSI will add the lawyer
to the roster of lawyers listed on LIRSI's web site. The lawyer will pay LIRSI a set
amount every time someone visits LIRSI's site and "clicks" on a link to the lawyer's
internet home page. The lawyer agrees to the arrangement and pays LIRSI's charges
for several months. Numerous prospective clients contact the lawyer because of the
arrangement and the lawyer's business is increased just as she had initially hoped.
Is the lawyer subject to discipline?
Give this one a try later!
(C) No, if LIRSI is a qualified lawyer referral service approved by a state
agency.
Two law school friends who just passed the bar exam want to go into practice
together. They don't recall much about business organizations, so they ask their
former business law professor to provide joint legal representation to them in forming
their new firm.
A, although just an average law student, will invest more money in the firm than will B.
wealthy aunt
and uncle, with whom the defendants lived since childhood. The defendants are the
only known living relatives of the victims and stand to inherit a great deal of money.
Autopsies revealed severe bacterial infection, but the State will argue that the
defendants introduced the substance into their relatives' food. The State plans to
charge the defendants with manslaughter only, as they are claiming imperfect self-
defense because the aunt and uncle allegedly abused them when they were children.
The prosecutor knows it will be difficult to get a conviction even
for manslaughter given the evidence of the relatives' abuse of the defendants likely to
be admitted at
trial. Without the knowledge of defense counsel,
the prosecutor visits the defendants at the jail where they are in custody, and says,
"Mind if we talk for a minute?" The defendants nod their heads yes. With their consent,
he makes one last try at obtaining either an admission from them or a plea to a lesser
charge. They say they can't agree to anything because their lawyer told them he is
going to win. Then the prosecutor says, "Well, if that's how you want it, tell that sleazy
lawyer of yours that I'm going for Murder One—the death penalty." The women then
confess to the killings and agree to plead guilty to manslaughter.
Is the prosecutor subject to discipline?
,Give this one a try later!
(B) Yes, because he visited the defendants in jail.
A lawyer represents the owner of an office building. The bank that holds the
mortgage on the office building is seeking to foreclose. On the morning of the day
set for the foreclosure, the lawyer files suit and finds a judge
to whom the lawyer presents a petition for a temporary restraining order to prevent
the foreclosure sale. The lawyer presents the petition to the judge without giving
notice to the bank or to the bank's counsel. The lawyer argues that the notice of the
sale was defective. The lawyer does not reveal to the judge that the bank sent
a second notice that arguably cured the defect in the notice. The judge grants the
temporary restraining order.
Is the lawyer subject to discipline?
Give this one a try later!
(B) Yes,becausethelawyerdidnotinformthejudge of all material facts that
would enable the judge to make an informed decision on the petition.
During jury selection in a civil case, the lawyer comes to know that one prospective
juror misrepresented information that would have resulted in the juror
being struck for cause. Such a misrepresentation is a criminal act. The lawyer also
comes to know that the prospective juror made the misrepresentation because the
prospective juror wanted to be on the jury and wanted to ensure that the lawyer's
client would prevail. The lawyer uses one of his peremptory strikes to remove the
prospective juror and does not disclose the prospective juror's misrepresentation to
the tribunal.
Is the lawyer subject to discipline?
Give this one a try later!
, (C) No,because the lawyer took reasonable remedial measures in response
to the prospective juror's misrepresentation when the lawyer struck the
prospective juror peremptorily.
A famous white-collar criminal defense lawyer is retained by an executive of an
insurance company, who is charged with having bilked investors out of their life
savings. The executive is released on bond and meets with the lawyer at his office.
After looking at the evidence obtained in discovery, the lawyer tells the executive that
he is probably going to lose at trial and go to jail. The executive says, "I wish I knew
which countries did not have extradition treaties with the United States. That would
sure be a good way for me to get out of this mess." The lawyer goes over to his
bookshelf and opens an international law treatise to the page showing countries
having no extradition treaties with the United States, hands the book to the client, and
walks out of the room. When the lawyer returns, he tells the executive that his bail
conditions would be violated and that the executive could be subject to a second
charge of bail jumping if he fled the country to avoid trial.
Is the lawyer subject to discipline?
Give this one a try later!
(A) Yes, because he provided his client with the information needed to help
him succeed in fleeing the country.
A lawyer approaches his client, a wealthy businesswoman involved in many complex
business transactions, with an opportunity involving syndicated LLC ownership of
several real estate parcels. Although the businesswoman is sophisticated, the lawyer
meets with her at his office to explain the transaction. He warns her that while the
investors anticipate a high return rate, it is a very risky investment. He summarizes the
LLC syndication
in simple terms. He notes that while he will have
a majority of units, giving him voting control, she
will be on equal footing with all other investors on terms that the government agency
that reviews such transactions has deemed fair and reasonable. He recommends that
, she take a few days before signing the documents to consult with another lawyer
about it.
The businesswoman returns several days later. She tells the lawyer that she
understands the transaction and the lawyer's role as majority owner with power over
minority interests such as hers, and that she consents to the risks. She signs the
syndication documents and invests a considerable amount of money. However, after
six months, the real estate market collapses, and she loses her entire investment.
Is the lawyer subject to discipline?
Give this one a try later!
(A) Yes, because the lawyer did not confirm the arrangement in writing.
A lawyer seeks to increase her business. She is approached by Lawyer's Internet
Referral Service, Inc. (LIRSI). LIRSI offers to help the lawyer attract more clients. For a
fee, LIRSI will add the lawyer
to the roster of lawyers listed on LIRSI's web site. The lawyer will pay LIRSI a set
amount every time someone visits LIRSI's site and "clicks" on a link to the lawyer's
internet home page. The lawyer agrees to the arrangement and pays LIRSI's charges
for several months. Numerous prospective clients contact the lawyer because of the
arrangement and the lawyer's business is increased just as she had initially hoped.
Is the lawyer subject to discipline?
Give this one a try later!
(C) No, if LIRSI is a qualified lawyer referral service approved by a state
agency.
Two law school friends who just passed the bar exam want to go into practice
together. They don't recall much about business organizations, so they ask their
former business law professor to provide joint legal representation to them in forming
their new firm.
A, although just an average law student, will invest more money in the firm than will B.
