An attorney is a well-known tax lawyer and author. During congressional hearings on
tax reform, the attorney testified to her personal belief and expert opinion on the
pending reform package. She failed to disclose in her testimony that she was being
compensated by a private client for her appearance. In her testimony, the attorney
took the position favored by her client, but the position was also one that the attorney
believed was in the public interest. Was it proper for the attorney to present this
testimony without identifying her private client?
Yes, because the attorney believed that the position she advocated was in the public
interest.
Yes, because Congress is interested in the content of the testimony and not who is
paying the witness.
No, because a lawyer may not accept a fee for trying to influence legislative action.
No, because a lawyer who appears in a legislative hearing should identify the
capacity in which the lawyer appears.
Give this one a try later!
, Answer choice D is correct. MRPC 3.9 requires a lawyer representing a
client before a legislative body to disclose that the appearance is in a
representative capacity. Answer choice A is incorrect, as the attorney's
conduct was improper because MRPC 3.9 requires a lawyer representing a
client before a legislative body to disclose that the appearance is in a
representative capacity. Answer choice B is incorrect because the
congressional members at the hearing would be very interested in knowing
whether a witness is possibly biased in her testimony; therefore, MRPC 3.9
requires a lawyer appearing in a representative capacity to disclose that
fact to the legislative body. Answer choice C is incorrect; lawyers
frequently serve as paid lobbyists. This activity is permissible so long as the
lawyer-lobbyist complies with applicable rules, such as the requirement to
disclose her representative capacity when appearing before a legislative
body.
A client telephoned an attorney who had previously represented him. The client
described a problem on which he needed advice and made an appointment for the
following week to discuss the matter with the attorney. Prior to the appointment, the
attorney performed five hours of preliminary research on the client's problem. At the
end of the appointment the client agreed that the attorney should pursue the matter
and agreed to a fee of $100 per hour. The client then gave the attorney a check for
$5,000 to cover the five hours already worked and as an advance on additional fees
and expenses. The attorney gave the check to the office bookkeeper with directions
to deposit the check into the client trust account and immediately transfer $3,000 to
the general office account to cover the five hours of research already conducted plus
the 25 additional hours she would spend on the matter the following week. At that
time, the attorney reasonably believed that she would spend 25 additional hours on
the case. The bookkeeper followed these directions. The next week, the attorney
worked diligently on the matter for 23 hours. Reasonably believing that no significant
work remained to be done on the matter, the attorney directed the bookkeeper to
transfer $200 from the general office account to the client trust account. The attorney
then called the client and made an appointment to discuss the status of the matter. Is
the attorney subject to discipline?
Yes, because the attorney accepted legal fees in advance of performing the work.
Yes, because the attorney transferred funds for unearned fees to the general office
,account.
No, because the attorney transferred the $200 owed to the client from the general
office account to the client trust account.
No, because the attorney reasonably believed that she would spend 25 additional
hours on the case.
Give this one a try later!
Answer choice B is correct. MRPC 1.15(c) requires a lawyer to "deposit into a
client trust account legal fees and expenses that have been paid in
advance, to be withdrawn by the lawyer only as fees are earned or
expenses incurred." Since the attorney had earned only $500, for five hours
of work, at the time of receiving the client's check, only $500 should have
been withdrawn from the trust account and placed in the general office
account. Answer choice A is incorrect, as an attorney may accept legal fees
in advance of performing legal work, as long as the lawyer complies with
the requirement of MRPC 1.15(c) that the advance fees be deposited in a
client trust account until earned. Answer choice C is incorrect. Under MRPC
1.15(c), a lawyer may not hold fees paid in advance in the lawyer's general
office account and later transfer unearned portions to the client trust
account, as the attorney did here. Rather, the lawyer must deposit the
advance payment in the client trust account and withdraw the payment for
fees as they are earned. Answer choice D is incorrect. Regardless of
whether a lawyer expects to earn fees paid in advance, MRPC 1.15(c)
requires the lawyer to deposit the advance payment in the client trust
account until the fees are actually earned.
An attorney represented a baker in a claim involving a breach of the baker's
employment contract. The case was settled without suit being filed. The proceeds of
the settlement were paid directly to the baker, who subsequently paid the attorney in
full for the attorney's fee and expenses. Thereafter, the attorney did no other work for
the baker. The baker is now being audited by the Internal Revenue Service (IRS). The
IRS has asked the attorney for details of the settlement, including the amount claimed
for each item of damage and the amounts paid for the items. The attorney reported
the request to the baker, who told the attorney not to provide the information to the
IRS. Is it proper for the attorney to furnish the information to the IRS?
, Yes, if the information does not involve the attorney's work product.
Yes, because the attorney no longer represents the baker.
No, because the baker told the attorney not to provide the information.
No, unless the attorney believes the disclosure would be beneficial to the baker.
Give this one a try later!
Answer choice C is correct. The ethical duty of confidentiality under MRPC
1.6 prohibits the attorney from furnishing the information in the absence of
the baker's consent. While a lawyer may reveal confidential information
concerning the representation of a client to the extent the lawyer
reasonably believes it necessary to comply with other law or a court order,
here there is no indication of any law or court order requiring such
disclosure. Moreover, unless the client provides informed consent to do
otherwise, the lawyer must assert on behalf of the client all non-frivolous
claims that the order is not authorized by other law or that the information
sought is protected against disclosure by lawyer-client privilege or other
applicable law. Answer choice A is not correct, as all information from the
representation of the baker, not merely attorney work product, must be
kept confidential in the absence of the baker's consent, pursuant to MRPC
1.6. Answer choice B is not correct, as the ethical duty of confidentiality
continues even after the representation ends. Answer choice D is not
correct, because even if the attorney believes the disclosure would be
beneficial to the baker, the attorney is not permitted to provide the
information in the absence of the baker's consent, pursuant to MRPC 1.6.
An attorney currently represents the owner of a local hardware store in contract
negotiations to extend the lease of the building in which the store is located. An
authorized representative of a large corporation that owns and operates a nationwide
chain of hardware stores has contacted the attorney about representing the store in
negotiations with the neighboring property owner for an easement to gain additional
access to the public roads. Without obtaining the written, informed consent of both
the owner of the local store and the corporation, can the attorney agree to represent
the corporation if the attorney reasonably believes that he will be able to provide
tax reform, the attorney testified to her personal belief and expert opinion on the
pending reform package. She failed to disclose in her testimony that she was being
compensated by a private client for her appearance. In her testimony, the attorney
took the position favored by her client, but the position was also one that the attorney
believed was in the public interest. Was it proper for the attorney to present this
testimony without identifying her private client?
Yes, because the attorney believed that the position she advocated was in the public
interest.
Yes, because Congress is interested in the content of the testimony and not who is
paying the witness.
No, because a lawyer may not accept a fee for trying to influence legislative action.
No, because a lawyer who appears in a legislative hearing should identify the
capacity in which the lawyer appears.
Give this one a try later!
, Answer choice D is correct. MRPC 3.9 requires a lawyer representing a
client before a legislative body to disclose that the appearance is in a
representative capacity. Answer choice A is incorrect, as the attorney's
conduct was improper because MRPC 3.9 requires a lawyer representing a
client before a legislative body to disclose that the appearance is in a
representative capacity. Answer choice B is incorrect because the
congressional members at the hearing would be very interested in knowing
whether a witness is possibly biased in her testimony; therefore, MRPC 3.9
requires a lawyer appearing in a representative capacity to disclose that
fact to the legislative body. Answer choice C is incorrect; lawyers
frequently serve as paid lobbyists. This activity is permissible so long as the
lawyer-lobbyist complies with applicable rules, such as the requirement to
disclose her representative capacity when appearing before a legislative
body.
A client telephoned an attorney who had previously represented him. The client
described a problem on which he needed advice and made an appointment for the
following week to discuss the matter with the attorney. Prior to the appointment, the
attorney performed five hours of preliminary research on the client's problem. At the
end of the appointment the client agreed that the attorney should pursue the matter
and agreed to a fee of $100 per hour. The client then gave the attorney a check for
$5,000 to cover the five hours already worked and as an advance on additional fees
and expenses. The attorney gave the check to the office bookkeeper with directions
to deposit the check into the client trust account and immediately transfer $3,000 to
the general office account to cover the five hours of research already conducted plus
the 25 additional hours she would spend on the matter the following week. At that
time, the attorney reasonably believed that she would spend 25 additional hours on
the case. The bookkeeper followed these directions. The next week, the attorney
worked diligently on the matter for 23 hours. Reasonably believing that no significant
work remained to be done on the matter, the attorney directed the bookkeeper to
transfer $200 from the general office account to the client trust account. The attorney
then called the client and made an appointment to discuss the status of the matter. Is
the attorney subject to discipline?
Yes, because the attorney accepted legal fees in advance of performing the work.
Yes, because the attorney transferred funds for unearned fees to the general office
,account.
No, because the attorney transferred the $200 owed to the client from the general
office account to the client trust account.
No, because the attorney reasonably believed that she would spend 25 additional
hours on the case.
Give this one a try later!
Answer choice B is correct. MRPC 1.15(c) requires a lawyer to "deposit into a
client trust account legal fees and expenses that have been paid in
advance, to be withdrawn by the lawyer only as fees are earned or
expenses incurred." Since the attorney had earned only $500, for five hours
of work, at the time of receiving the client's check, only $500 should have
been withdrawn from the trust account and placed in the general office
account. Answer choice A is incorrect, as an attorney may accept legal fees
in advance of performing legal work, as long as the lawyer complies with
the requirement of MRPC 1.15(c) that the advance fees be deposited in a
client trust account until earned. Answer choice C is incorrect. Under MRPC
1.15(c), a lawyer may not hold fees paid in advance in the lawyer's general
office account and later transfer unearned portions to the client trust
account, as the attorney did here. Rather, the lawyer must deposit the
advance payment in the client trust account and withdraw the payment for
fees as they are earned. Answer choice D is incorrect. Regardless of
whether a lawyer expects to earn fees paid in advance, MRPC 1.15(c)
requires the lawyer to deposit the advance payment in the client trust
account until the fees are actually earned.
An attorney represented a baker in a claim involving a breach of the baker's
employment contract. The case was settled without suit being filed. The proceeds of
the settlement were paid directly to the baker, who subsequently paid the attorney in
full for the attorney's fee and expenses. Thereafter, the attorney did no other work for
the baker. The baker is now being audited by the Internal Revenue Service (IRS). The
IRS has asked the attorney for details of the settlement, including the amount claimed
for each item of damage and the amounts paid for the items. The attorney reported
the request to the baker, who told the attorney not to provide the information to the
IRS. Is it proper for the attorney to furnish the information to the IRS?
, Yes, if the information does not involve the attorney's work product.
Yes, because the attorney no longer represents the baker.
No, because the baker told the attorney not to provide the information.
No, unless the attorney believes the disclosure would be beneficial to the baker.
Give this one a try later!
Answer choice C is correct. The ethical duty of confidentiality under MRPC
1.6 prohibits the attorney from furnishing the information in the absence of
the baker's consent. While a lawyer may reveal confidential information
concerning the representation of a client to the extent the lawyer
reasonably believes it necessary to comply with other law or a court order,
here there is no indication of any law or court order requiring such
disclosure. Moreover, unless the client provides informed consent to do
otherwise, the lawyer must assert on behalf of the client all non-frivolous
claims that the order is not authorized by other law or that the information
sought is protected against disclosure by lawyer-client privilege or other
applicable law. Answer choice A is not correct, as all information from the
representation of the baker, not merely attorney work product, must be
kept confidential in the absence of the baker's consent, pursuant to MRPC
1.6. Answer choice B is not correct, as the ethical duty of confidentiality
continues even after the representation ends. Answer choice D is not
correct, because even if the attorney believes the disclosure would be
beneficial to the baker, the attorney is not permitted to provide the
information in the absence of the baker's consent, pursuant to MRPC 1.6.
An attorney currently represents the owner of a local hardware store in contract
negotiations to extend the lease of the building in which the store is located. An
authorized representative of a large corporation that owns and operates a nationwide
chain of hardware stores has contacted the attorney about representing the store in
negotiations with the neighboring property owner for an easement to gain additional
access to the public roads. Without obtaining the written, informed consent of both
the owner of the local store and the corporation, can the attorney agree to represent
the corporation if the attorney reasonably believes that he will be able to provide
