A defendant is charged with robbery. A police officer received an anonymous tip that
a specific individual other than the defendant committed the robbery. The police
officer investigated the information, but concluded that the other individual did not
commit the robbery. The police officer conveyed this information to the prosecutor.
Due to the existence of other evidence that linked the defendant to the robbery, the
prosecutor concluded in good faith that the tip, while exculpatory, was not material,
and therefore she did not have a constitutional duty to turn the information over to
the defense. Consequently, the prosecutor did not reveal the tip to the defendant's
lawyer, who failed to make a Brady request for exculpatory evidence. State criminal
procedure discovery rules did not require the prosecutor to disclose the anonymous
tip. Is the prosecutor subject to discipline for her failure to inform the defense of the
anonymous tip
A.Yes, because the prosecutor determined that the anonymous tip was exculpatory
information.
B. Yes, because a prosecutor has a duty to search for exculpatory information.
C. No, because the defendant's lawyer did not make a Brady request for exculpatory
evidence.
D. No, because the prosecutor acted in good faith in determining that the anonymous
tip did not have to be turned over to the defense.
,Give this one a try later!
A.Yes, because the prosecutor determined that the anonymous tip was
exculpatory information.
(A prosecutor has an ethical duty to make timely disclosure to the defense
of all evidence or information known to the prosecutor that tends to
negate the guilt of the accused or mitigates the offense. MRPC 3.8(d). Since
the prosecutor concluded in good faith that the anonymous tip was
exculpatory, the prosecutor had a duty to disclose the tip to the defense.)
A stock clerk employed at a warehouse witnessed, but was otherwise not involved in,
an accident between a truck and a car. The accident occurred while the driver of the
truck was backing into the loading dock at the warehouse. The driver of the car sued
the corporate owner of the warehouse and the truck driver, who was also an
employee of the corporation, alleging that the truck driver's negligence was the
cause of the accident. The attorney hired to represent the corporation in this lawsuit
learned that the stock clerk had witnessed the accident, and he interviewed the clerk.
The clerk's version of the accident did not correspond with the truck driver's version,
and in several details, it supported the car driver's explanation of the event. The
attorney told the clerk not to discuss the accident with anyone, particularly the driver
of the car or his attorney, unless contacted by either of them. Is the attorney subject
to discipline for giving the clerk this instruction?
Answer Choices:
a. No, because the clerk was a warehouse employee.
B.No, because the attorney did not represent the stock clerk.
C.Yes, because a lawyer must not obstruct another party's access to evidence.
D.Yes, because a lawyer owes a duty of candor.
Give this one a try later!
a. No, because the clerk was a warehouse employee.
,In representing a client in litigation involving a boundary dispute, an attorney, after
consultation with and approval by the client, employed a surveyor. The attorney, who
had used and compensated the surveyor in previous, similar situations for other
clients, described the purpose of the survey and the party she represented to the
surveyor. The retainer agreement between the attorney and the client specified that
the client was responsible for payment of all litigation expenses. The surveyor
performed a survey of the disputed boundary and submitted an invoice to the
attorney for the agreed-upon amount. Prior to payment of this invoice, the client, in
direct conversation with his neighbor, reached an agreement over the boundary
between their properties. The client paid the attorney her fee as agreed upon in the
retainer agreement but refused to pay the attorney for the cost of the survey. Is the
attorney likely subject to civil liability to the surveyor for the unpaid invoice?
Answer Choices:
A. No, because the client was responsible for the payment of all litigation expenses.
B. No, because the client was consulted about and approved the hiring of the
surveyor.
C. Yes, because an attorney is primarily responsible for litigation expenses.
D. Yes, because of the nature of the services rendered by the surveyor.
Give this one a try later!
D. Yes, because of the nature of the services rendered by the surveyor.
(While generally an agent who enters into a contact with a third party on
behalf of a disclosed principal is not liable on the contract, an attorney
who acts on behalf of a client can be liable for the payment of goods and
services typically used by lawyers, such as a stenographer, appraiser, or
surveyor, because such persons are likely to reasonably rely on the
attorney's, rather than the client's, credit.)
Two years ago, an attorney represented his client when he sold his property.
Unbeknownst to the attorney, the client made some fraudulent statements to the
buyer about the value of some mineral deposits on the property. The buyer recently
discovered the fraud and is now in the attorney's office threatening to immediately file
, a civil fraud suit against both the client and the attorney. The buyer accuses the
attorney of engineering the fraud and helping his client carry it out. The only way that
the attorney can convince the buyer that he had no part in the fraud is to tell the
buyer a fact that the client disclosed to him in the deepest confidence when he was
working on the property transaction.
May the attorney disclose the fact without the consent of the client?
A- No, if doing so will harm the client.
B- No, because doing so would breach his duty of confidentiality to the client.
C- Yes, but only after the buyer files the civil fraud suit against him.
D- Yes, even if doing so will subject his client to civil or criminal liability.
Give this one a try later!
D- Yes, even if doing so will subject his client to civil or criminal liability.
The attorney may reveal the confidence even if doing so will subject his
client to civil or criminal liability. A lawyer may disclose a client's confidence
"to establish a defense to a criminal charge or civil claim against the lawyer
based upon conduct in which the client was involved . . . ." [ABA Model
Rule 1.6(b)(5)] Although the lawyer must wait until the assertion of
misconduct arises, he need not await the filing of a formal charge or
complaint. The lawyer may defend himself by responding directly to a third
party who has made such an assertion.
A prominent local attorney decided to run for the position of city judge. The
candidate had been active in a bar association for a number of years and chaired a
committee of the bar association. At a meeting of the committee, the vice-chair
announced that the candidate was running for office and that the members of the
committee should show their support by donating generously. The vice-chair
collected checks from the members of the committee and gave them to the
candidate. The candidate did not know that the vice-chair planned to make such an
announcement but was grateful for the contributions. Shortly thereafter, the
candidate formed a campaign committee to manage the contributions to her
campaign, and she turned the contributions over to the committee. State law does
not address the contribution of funds to the campaigns for judicial office. Did the
candidate's actions subject her to discipline?
a specific individual other than the defendant committed the robbery. The police
officer investigated the information, but concluded that the other individual did not
commit the robbery. The police officer conveyed this information to the prosecutor.
Due to the existence of other evidence that linked the defendant to the robbery, the
prosecutor concluded in good faith that the tip, while exculpatory, was not material,
and therefore she did not have a constitutional duty to turn the information over to
the defense. Consequently, the prosecutor did not reveal the tip to the defendant's
lawyer, who failed to make a Brady request for exculpatory evidence. State criminal
procedure discovery rules did not require the prosecutor to disclose the anonymous
tip. Is the prosecutor subject to discipline for her failure to inform the defense of the
anonymous tip
A.Yes, because the prosecutor determined that the anonymous tip was exculpatory
information.
B. Yes, because a prosecutor has a duty to search for exculpatory information.
C. No, because the defendant's lawyer did not make a Brady request for exculpatory
evidence.
D. No, because the prosecutor acted in good faith in determining that the anonymous
tip did not have to be turned over to the defense.
,Give this one a try later!
A.Yes, because the prosecutor determined that the anonymous tip was
exculpatory information.
(A prosecutor has an ethical duty to make timely disclosure to the defense
of all evidence or information known to the prosecutor that tends to
negate the guilt of the accused or mitigates the offense. MRPC 3.8(d). Since
the prosecutor concluded in good faith that the anonymous tip was
exculpatory, the prosecutor had a duty to disclose the tip to the defense.)
A stock clerk employed at a warehouse witnessed, but was otherwise not involved in,
an accident between a truck and a car. The accident occurred while the driver of the
truck was backing into the loading dock at the warehouse. The driver of the car sued
the corporate owner of the warehouse and the truck driver, who was also an
employee of the corporation, alleging that the truck driver's negligence was the
cause of the accident. The attorney hired to represent the corporation in this lawsuit
learned that the stock clerk had witnessed the accident, and he interviewed the clerk.
The clerk's version of the accident did not correspond with the truck driver's version,
and in several details, it supported the car driver's explanation of the event. The
attorney told the clerk not to discuss the accident with anyone, particularly the driver
of the car or his attorney, unless contacted by either of them. Is the attorney subject
to discipline for giving the clerk this instruction?
Answer Choices:
a. No, because the clerk was a warehouse employee.
B.No, because the attorney did not represent the stock clerk.
C.Yes, because a lawyer must not obstruct another party's access to evidence.
D.Yes, because a lawyer owes a duty of candor.
Give this one a try later!
a. No, because the clerk was a warehouse employee.
,In representing a client in litigation involving a boundary dispute, an attorney, after
consultation with and approval by the client, employed a surveyor. The attorney, who
had used and compensated the surveyor in previous, similar situations for other
clients, described the purpose of the survey and the party she represented to the
surveyor. The retainer agreement between the attorney and the client specified that
the client was responsible for payment of all litigation expenses. The surveyor
performed a survey of the disputed boundary and submitted an invoice to the
attorney for the agreed-upon amount. Prior to payment of this invoice, the client, in
direct conversation with his neighbor, reached an agreement over the boundary
between their properties. The client paid the attorney her fee as agreed upon in the
retainer agreement but refused to pay the attorney for the cost of the survey. Is the
attorney likely subject to civil liability to the surveyor for the unpaid invoice?
Answer Choices:
A. No, because the client was responsible for the payment of all litigation expenses.
B. No, because the client was consulted about and approved the hiring of the
surveyor.
C. Yes, because an attorney is primarily responsible for litigation expenses.
D. Yes, because of the nature of the services rendered by the surveyor.
Give this one a try later!
D. Yes, because of the nature of the services rendered by the surveyor.
(While generally an agent who enters into a contact with a third party on
behalf of a disclosed principal is not liable on the contract, an attorney
who acts on behalf of a client can be liable for the payment of goods and
services typically used by lawyers, such as a stenographer, appraiser, or
surveyor, because such persons are likely to reasonably rely on the
attorney's, rather than the client's, credit.)
Two years ago, an attorney represented his client when he sold his property.
Unbeknownst to the attorney, the client made some fraudulent statements to the
buyer about the value of some mineral deposits on the property. The buyer recently
discovered the fraud and is now in the attorney's office threatening to immediately file
, a civil fraud suit against both the client and the attorney. The buyer accuses the
attorney of engineering the fraud and helping his client carry it out. The only way that
the attorney can convince the buyer that he had no part in the fraud is to tell the
buyer a fact that the client disclosed to him in the deepest confidence when he was
working on the property transaction.
May the attorney disclose the fact without the consent of the client?
A- No, if doing so will harm the client.
B- No, because doing so would breach his duty of confidentiality to the client.
C- Yes, but only after the buyer files the civil fraud suit against him.
D- Yes, even if doing so will subject his client to civil or criminal liability.
Give this one a try later!
D- Yes, even if doing so will subject his client to civil or criminal liability.
The attorney may reveal the confidence even if doing so will subject his
client to civil or criminal liability. A lawyer may disclose a client's confidence
"to establish a defense to a criminal charge or civil claim against the lawyer
based upon conduct in which the client was involved . . . ." [ABA Model
Rule 1.6(b)(5)] Although the lawyer must wait until the assertion of
misconduct arises, he need not await the filing of a formal charge or
complaint. The lawyer may defend himself by responding directly to a third
party who has made such an assertion.
A prominent local attorney decided to run for the position of city judge. The
candidate had been active in a bar association for a number of years and chaired a
committee of the bar association. At a meeting of the committee, the vice-chair
announced that the candidate was running for office and that the members of the
committee should show their support by donating generously. The vice-chair
collected checks from the members of the committee and gave them to the
candidate. The candidate did not know that the vice-chair planned to make such an
announcement but was grateful for the contributions. Shortly thereafter, the
candidate formed a campaign committee to manage the contributions to her
campaign, and she turned the contributions over to the committee. State law does
not address the contribution of funds to the campaigns for judicial office. Did the
candidate's actions subject her to discipline?
