Attorney A's aged father asks her to draft a new will for him. The father tells A that he
wants to set up a testamentary trust that will provide college funds for A's children.
May Attorney A draft the will and related documents?
Give this one a try later!
Yes, but only because the client is A's father.
Model Rule 1.8(c) prohibits a lawyer from preparing a legal instrument (such
as a will or a deed of property) that creates a substantial gift to the lawyer
(or the lawyer's relative), except when the donor is one of the lawyer's
relatives."
Here, the Client is the Attorney's father. The will creates a substantial gift for
A's children, hence the lawyer's relative. But this is okay because the donor
is A's father.
,Over the past 15 years, attorney A has served as trademark counsel for Webb Corp.,
but in recent months the relationship has become somewhat strained. A is uncertain
whether Webb Corp. wishes to continue to use her services. Today A read in a
trademark newsletter that one of Webb's competitors is attempting to register
a trademark that will seriously interfere with Webb's business.
What should A do?
Give this one a try later!
A should promptly call the matter to Webb's attention and ask Webb
whether it wishes her to act on its behalf in this matter.
Lawyer L is arrested for soliciting sexual acts from an undercover police officer whom
L believed to be a prostitute.
Is Lawyer L subject to discipline?
Give this one a try later!
L is not subject to discipline because his criminal conduct does not show
dishonesty, untrustworthiness, or unfitness to practice law.
It is also not something relevant to the practice of law.
Chem Corp.'s chemical plant blew up, spreading toxic fumes across pasture land
belonging to dozens of dairy farmers. The grass shriveled, the cows died, and the
farmers became destitute. The law offices of E.Z. Bucks took out newspaper ads
offering to represent the farmers on contingency, to advance the costs and expenses
of litigation, and to lend them money to restore their pastures and dairy herds.
,Which part, if any, of the newspaper ad subjects the law office of E.Z. Bucks to
discipline?
Give this one a try later!
E.Z. Bucks is subject to discipline for offering to lend the farmers money to
restore their pastures and dairy herds because they are offering this to
prospective clients as inducement to take their representation in violation
of Rule 1.8(e)(3).
Model Rule 1.8(e)(3) provides "a lawyer must not: (1) promise or imply the
availability of such gifts prior to retention, or as an inducement to continue
the client-lawyer relationship after retention; (2) seek or accept
reimbursement from the client or anyone affiliated with the client; or (3)
publicize or advertise a willingness to provide such gifts to prospective
clients."
The standard contract that a firm of class action lawyers uses when signing up class
representatives provides that: "Client hereby consents to and waives any and all
conflicts of interest, both present and future." The contract does not ex- plain the
possible present or future conflicts, nor do the lawyers offer any explanation when
they sign up the class representatives.
is the consent provision valid?
Give this one a try later!
No, a client may consent to conflicts that may arise in the future, but only if
it is reasonable to do so, and only if the client truly understands the
particular kinds of conflicts that may arise and the consequences of
consenting.
Here, it may be reasonable to have a waiver of future conflicts, but the
attorneys did not explain the particular conflicts that may arise or the
consequences of consenting.
, Oakville practitioner A employed young lawyer L by an agreement that purported to
prohibit L from practicing in Oakville after leaving A's employment.
Is either A or L subject to discipline?
Give this one a try later!
Both A and L are subject to discipline because Model Rule 5.6(a) provides
"a lawyer must neither make nor offer a partnership or employment or
similar agreement that restricts a lawyer's right to practice after termination
of the relationship, except for an agreement concerning benefits upon
retirement."
Hence, A can't offer it and L can't make it.
For many years, attorney A has done the routine collection work for a major bank. In a
normal week, the bank sends A 20 to 30 new collection cases. Over the years, A and
the bank have settled on a standard procedure for handling these cases.
Would it be proper for A and the bank to agree that A must report only major or
unusual occurrences?
Give this one a try later!
This would be a proper agreement as Model Rule 1.4 provides: "If the client
and the lawyer have a regular, established relationship concerning many
routine matters, the two of them may agree on a convenient arrangement
for only limited or occasional reporting."
X came to lawyer L's office and asked to employ L in a confidential matter. X then said
that he was the hit and run driver in the car wreck reported on the front page of
today's newspaper. X asked L to negotiate with the authorities for him, but not to
wants to set up a testamentary trust that will provide college funds for A's children.
May Attorney A draft the will and related documents?
Give this one a try later!
Yes, but only because the client is A's father.
Model Rule 1.8(c) prohibits a lawyer from preparing a legal instrument (such
as a will or a deed of property) that creates a substantial gift to the lawyer
(or the lawyer's relative), except when the donor is one of the lawyer's
relatives."
Here, the Client is the Attorney's father. The will creates a substantial gift for
A's children, hence the lawyer's relative. But this is okay because the donor
is A's father.
,Over the past 15 years, attorney A has served as trademark counsel for Webb Corp.,
but in recent months the relationship has become somewhat strained. A is uncertain
whether Webb Corp. wishes to continue to use her services. Today A read in a
trademark newsletter that one of Webb's competitors is attempting to register
a trademark that will seriously interfere with Webb's business.
What should A do?
Give this one a try later!
A should promptly call the matter to Webb's attention and ask Webb
whether it wishes her to act on its behalf in this matter.
Lawyer L is arrested for soliciting sexual acts from an undercover police officer whom
L believed to be a prostitute.
Is Lawyer L subject to discipline?
Give this one a try later!
L is not subject to discipline because his criminal conduct does not show
dishonesty, untrustworthiness, or unfitness to practice law.
It is also not something relevant to the practice of law.
Chem Corp.'s chemical plant blew up, spreading toxic fumes across pasture land
belonging to dozens of dairy farmers. The grass shriveled, the cows died, and the
farmers became destitute. The law offices of E.Z. Bucks took out newspaper ads
offering to represent the farmers on contingency, to advance the costs and expenses
of litigation, and to lend them money to restore their pastures and dairy herds.
,Which part, if any, of the newspaper ad subjects the law office of E.Z. Bucks to
discipline?
Give this one a try later!
E.Z. Bucks is subject to discipline for offering to lend the farmers money to
restore their pastures and dairy herds because they are offering this to
prospective clients as inducement to take their representation in violation
of Rule 1.8(e)(3).
Model Rule 1.8(e)(3) provides "a lawyer must not: (1) promise or imply the
availability of such gifts prior to retention, or as an inducement to continue
the client-lawyer relationship after retention; (2) seek or accept
reimbursement from the client or anyone affiliated with the client; or (3)
publicize or advertise a willingness to provide such gifts to prospective
clients."
The standard contract that a firm of class action lawyers uses when signing up class
representatives provides that: "Client hereby consents to and waives any and all
conflicts of interest, both present and future." The contract does not ex- plain the
possible present or future conflicts, nor do the lawyers offer any explanation when
they sign up the class representatives.
is the consent provision valid?
Give this one a try later!
No, a client may consent to conflicts that may arise in the future, but only if
it is reasonable to do so, and only if the client truly understands the
particular kinds of conflicts that may arise and the consequences of
consenting.
Here, it may be reasonable to have a waiver of future conflicts, but the
attorneys did not explain the particular conflicts that may arise or the
consequences of consenting.
, Oakville practitioner A employed young lawyer L by an agreement that purported to
prohibit L from practicing in Oakville after leaving A's employment.
Is either A or L subject to discipline?
Give this one a try later!
Both A and L are subject to discipline because Model Rule 5.6(a) provides
"a lawyer must neither make nor offer a partnership or employment or
similar agreement that restricts a lawyer's right to practice after termination
of the relationship, except for an agreement concerning benefits upon
retirement."
Hence, A can't offer it and L can't make it.
For many years, attorney A has done the routine collection work for a major bank. In a
normal week, the bank sends A 20 to 30 new collection cases. Over the years, A and
the bank have settled on a standard procedure for handling these cases.
Would it be proper for A and the bank to agree that A must report only major or
unusual occurrences?
Give this one a try later!
This would be a proper agreement as Model Rule 1.4 provides: "If the client
and the lawyer have a regular, established relationship concerning many
routine matters, the two of them may agree on a convenient arrangement
for only limited or occasional reporting."
X came to lawyer L's office and asked to employ L in a confidential matter. X then said
that he was the hit and run driver in the car wreck reported on the front page of
today's newspaper. X asked L to negotiate with the authorities for him, but not to
