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PRACTICE EXAM 1 Question 2 ime judge ives in State . Her father A full-i D e B, The judge’s schacpung at T S Pl {ricnds 1n the attorney was on th: :)ozotimfadcourtroom. The rd of directors of a . m Jives ! hat seve ther told her t atte i:tiremeﬂ me had en(]iptllcl)if ?na:ﬂ:ff“kt (J"r'nl(l“;)to nonprofit preschool. One of re o wills for therb and that 74 R teachers was charged with ohe preschool's ey had included 2 lqugsq 0f itlh 1 (.‘I‘, ach for allegedly molesting :hre:lony'Chlld abuse hequest W2 2 roximaley = ob;ia ecf ;‘S 1;]1] ated conducting its own careful imll):s?‘s' ot otal value of the per sot Sﬂ? e 1:1l he -Jd‘-"- i o preschool’s board of directors corlxizlmc;):& the friends told the judge's father that t e}yl' a t.;m the criminal charge was totally unfcl)]und t:at eally want to leave the attorney anything, ut the board resolved to provide defense coin’sa?d they had assumed it was mer(?ly a matter 9f for the teacher. The young attorney Vo]unte:red routine, @ part © the attorney’s compensaiion to do the work without a fee. A few days before for drafting the will. The at.torney is admnttf:d to the t{lal was to begin, the attorney became practice in State B, but not 1n State A. The judge convinced that he was not competent to serve did not talk personally with any of her father’s as the teacher’s trial counsel. He asked the ends, but she believes that her father’s rendi- trial judge for permission to withdraw. After s entirely accurate. thoroughly questioning the attorney about his preparation for trial, the judge said that while he understood the attorney’s anxiety, he believed Would it be proper for the judge to communi- cate directly with the attorney about the matter, that the attorney was perfectly competent to handle the case. The judge denied the attorney’s and if that does not satisfy her, to communicate inary authority in State motion to withdraw but postponed the trial for Jow him to complete his prepara- with the attorney discipl B about the matter? seven days to al tion. (A) Yes, because she has received information ' indicating a substantial likelihood that the Instead of doing what the judge ordered, the attorney advised the teacher that he would not he files in the handed her all of t gal ethics rule. d her to retain another attorney. attorney has violated a le defend her. He () Yes, because she has personal knowledge case and advise that the attorney has violated a legal ethics Is the attorney S rule. abandoned his client in (C) No, because legal ethics violations that take (A) Yes, because he direct violation of the trial judge’s order. place outside State A are not her concern. ubject to discipline? (D) nNi(c’;?eegz}use she is not allowed to commu- stp segCCtly with the attorney about the posed legal ethics violation. (C) No, because he believed |

Question 3 An attorney represented a defendant 1n a criminal trial. After the jury returnf:(i_ a guilty verdict, the defendant was taken to jail al}d the jury was discharged. While walking to his caf, the disappointed attorney spotted one of the courtroom spectators in the parking lot. The attorney recalled that the spectator had been a member of the jury pool, but he had exercised a peremptory challenge against her because he instinctively felt that she would vote against the defendant. Despite not being selected as a Juror, the spectator developed an interest in the case and had attended the entire trial. In an attempt to determine whether his instinct during jury selection was correct, the attorney approached the spectator and asked her whether she would have voted to convict the defendant. The spectator said, “I'd rather not talk about it” When the attorney explained that he was simply looking for constructive feedback, the spectator changed her mind and agreed to a brief interview. The attorney and spectator spoke for a few minutes, and the communication did not involve misrepresentation, coercion, duress, or harassment. Is the attorney subject to discipline? (A) Yes, because the spectator initially declined to speak with the attorney. (B) Yes, because post-trial contact with prospective jurors is prohibited. (C) No, because the communication did not involve misrepresentation, coercion, duress or harassment. ’ (D) No, because the spectator was not for the jury, not chosen Question 4 An attorney assigned his secretary his client trust account. The attorney 0 My, secretary extensive, detailed instruqigave the kinds of records to keep, the kindsnsf abay that she must deposit, and the kinds Of0 fu;'l sible withdrawals that she could make [}t;]rmm attorney had complete faith in the s CCr.et g ability and honesty, and therefore diq no:;y s vise the secretary’s management of the ac;m- Three years later, during an audit, it was gig ered that on 18 different occasions during Coy. that period, the account balance fell beloy, the amount that should have been there. Tp, attorney was unaware of these occasions up, received a copy of the audit. Is the attorney subject to discipline? (A) Yes, because he did not adequately super vise the secretary. (B) Yes, because a lawyer must manage his client trust account himself. (C) No, because he took reasonable steps to train the secretary and did not realize tha the account balance had fallen below the proper level. (D) No, because he did not have actual know edge that the secretary was not performing the account management function propetl

| | i | Question 5 A potential client consulted an attorney, hoping 10 hire her to represent h.im as plain- ffina medical malprathce action against his 50T Without mentioning the doctor’s name, ipe client described the alleged acts of malprac- fce and said that they happent’:d more than two years 280- Only at that point did the potential et mention his doctor’s name. The attorney jumediately stopped the potential client and said e could not represent him because she was already representing thg doctor in an unrelated matter, and she urged him to consult another awyer. That was the 'end of the conversation. The potential client did nothing further for 15 mponths, at which point he consulted another jawyer. By that time, the statute of limitations 1ad run on the potential client’s claim against tbe doctor. The potential client then sued the first attorney for legal malpractice, alleging that the aiorney was negligent in not warning him about the statute of limitations. Is the attorney subject to civil liability in the potential client’s malpractice case? (A) No, because the attorney did what a rea- sonably prudent lawyer wculd do in the circumstances—decline to represent the potential client and suggest that he consult other counsel. (B) No, because the potential client never became the attorney’s client and is therefore not a proper plaintiff in a malpractice action against the attorney. © Yes, because the attorney had no legal or ethical reason to reject the potential client as a client and therefore had a duty to warn him about the statute of limitations. (D) Yes, because a reasonably prudent lawyer would have foreseen that the potential client might delay in consulting another lawyer. Question n ?ochent.hlred. an attorney to do the legal work p nnection with a complex public securi- 1es offering, The attorney agreed to do the work for a set hourly fee. The attorney did a great deal of legal research, prepared numerous memoranda of fact and law, and drafted most of the documents needed for the public offering. At that point, the client became angry with the attorney for no apparent reason and fired him. The client paid the attorney at the agreed rate for the work the attorney had done and demanded that the attorney turn over to him the papers that the attorney had prepared, including the legal and fact memoranda and the document drafts. .What papers must the attorney turn over to the client? (A) Only the document drafts, but not the legal and fact memoranda. (B) Only the legal and fact memoranda, but not the document drafts. (C) None of the papers, because the client fired the attorney. (D) All of the papers, even though the client fired the attorney. GO ON TO THE NEXT PAGE

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Question 7 A judge serves on art th has nine other judges. Her husband is a life insurance salesman fora ance company. The life insura _ occasionally a litigant in the court on the life insurance company judge sits. Every year 4 : runs a national sales contest 101 whlch the person who sells the most life insurance during the year receives a valuable prize. The jgdge‘s husband won this year and took the judge on an all-expenses-paid vacation in Europe. She did not make a public report of the prize. husband to accept European vacation? (A) Yes, because acceptance of the prize cannot reasonably be perceived as undermining the judge’s integrity o impartiality. (B) Yes, because the prize was won by her husband, not by the judge. (C) No, because the judge did not make a public report of the prize. (D) No, because the life insurance company may later appear as 2 litigant in the court on which the judge sits. Question 8 A law student is applying for admjg; State A Bar. When the law student “:Sslpn fo school, he and his parents lived in Stas in higy next door neighbor was an attorney a‘:i‘e B, i to practice in State B, but not in State Mitteq attorney knew that during the law StudA' The senior year in high school, he was cop ent's of burglarizing a liquor store. After serlgted his sentence, the law student went to c()}’]ln and later to law school. The attorney hy cge no contact with the law student since his h?d school years, and as far as she knows tl? high law student has not done anything sjr;ce E. school that would reflect badly on his ch igh The Bar of State A sent the attorney a ro?;?rclzer. questionnaire, asking a series of questi ) on the law student’s character. The attorney ;é‘:)out y not know whether the law student disclosed t ¢ burglary conviction on his bar application, and she does not know where to contact him to find out. Which of the following would be a proper response to the questionnaire? (A) She should not respond at all because she has no relevant information to provide, (B) She should not respond at all because as a Sta'te B lawyer she is not obligated to provide informatior. to the Bar of State A. (C) She should not mention the law student’s burglary conviction in her response unless she first contacts him and obtains his permission to do so. (D) She should state what she knows about the law student, including mention of his burglary conviction.

Quesfion 9 An attorney received her law degree two rs ago froma small local college of law ang rechnical sciences. Ifast summer she attended a (hree-day trial prfxctlce seminar at the Harvard Law school. During h.er brief career, she hag ied five cases—two jury t‘rials apd three bench rials. She won both of the jury trials and two of e three bench trials. The attorney placed an ad under the subject hea ding “Trial Lawyers” in the classified pages of the local phone book. Her ad states in relevant part: Trial Attorney Harvard Trained Never Lost a Jury Trial Which of the following is correct? {A) To make the ad proper, the references to “Harvard Trained” and “Never Lost a Jury Trial” must be deleted. (B) To make the ad proper, the references to “Trial Attorney” and “‘Harvard Trained” must be deleted. (C) To make the ad proper, the references to “Trial Attorney” and ““Never Lost a Jury Trial” must be deleted. (D) The ad is proper as written. Question 10 Two years ago, when a couple divorced in State A, the court awarded the wife custody of the three children and ordered the husband to Pay the wife $3,000 per month in child support and alimony payments. The husband failed to make the $3,000 payments for 17 months 1n arow. In desperation, the wife hired a new attorney to represent her in a proceeding to collect the past due payments from the husband. State A has no law or court rule that requires the loser to pay the winner’s attorneys’ fees in domestic relations matters. Because the wife had no money to pay her new attorney a regular fee, the new attorney agreed to do the work on a contingent fee basis for 10% of whatever amount the wife was ultimately able to recover. The new attorney won an award for the wife of the entire amount due ($51,000), and by tracking down and attaching the husband’s secret bank account, he got the full amount paid to the wife. He then sent the wife a bill for his share, $5,100. Is the wife’s new attorney subject to disci- pline? (A) No, as long as $5,100 is a reasonable fce for the work he did. (B) No, because the wife had no money to pay a regular fee. (C) Yes, because the new attorney used a contingent fee in a domestic relations matter. (D) Yes, because the new attorney took a portion of the money that was intended for support of the wife and the children.

Question 11 An attorney regularly represe:nted an olde; client in matters relating to the investment O the client’s considerable wealth. The client tqld the attorney that he wanted to put $500,000 into a sound, income-producing investment. The attorney suggested that the two of them pool their money and talent and buy an apartment house. The attorney would put up $75,000 and do the legal work, and the client would put up $500,000 and serve as the live-in manager of the apartment house. The client enthusiastically agreed to the arrangement and told the attorney to draw up the papers. The attorney drafted an agreement between himself and the client, negotiated the purchase of the apartment house, and drafted a deed from the seller to himself and the client as joint tenants with right of survivorship. The attorney gave the client a carefully written explanation of the terms of the transaction, but he forgot to explain the significance of the joint tenancy, i.e., that upon the death of one joint tenant, the property would pass automatically to the other joint tenant. The attorney advised the client, in the writing explaining the terms of the transaction, to have an outside lawyer look over the transaction, and he also urged him orally to do so. However, the client said that he trusted the attorney and signed all of the papers without further ado. The attorney and the client operated the apartment house successfully for several years, until the client died. The executor of the client’s estate sued the attorney to have the apartment house declared part of the client’s estate, but the court concluded that the joint tenancy created a gift to the attorney, effective on the client’s death, Were the attorney’s actions proper? (A) ygs, because the court concluded that the Joint tenancy created a gift from the client to the attorney. (B) Yes, because the attorney might have died first, thus bestowing a gift on the client, (C) No, because the attorney entereq int business transaction with the client a (D) No, because the attorney drafteg the g that bestowed a substantial gift o himey Question 12 For the past five years, an attorney hyg represented an art dealer in the sale of g, valuable paintings. One of the major transag, occurred three years ago, when the art degje; s sold a landscape purportedly painted by Viney van Gogh to an art museum for $23 mjjjjo, The museum subsequently resold the painting for § million. Now the art dealer has asked the attorney o do the legal work in connection with the sale of another landscape, also a purported van Gogh, The proposed purchase price is $12 million, and the prospective purchaser is a wealthy teley;. sion personality who knows nothing about art, During a confidential conversation in the ator- ney’s office, the attorney asked the art dealer if he had appraisal letters certifying the painting as a genuine van Gogh. The art dealer replied that he indeed had letters—letters he had forged himself—and that he had also forged the letters for the purported van Gogh sold to the art museum. When the attorney inquired further, the art dealer told him in confidence that both of the purported van Gogh paintings were in fact counterfeits created by a clever art student. Which of the following must the attorney do at this point? (A) Report the art dealer to the law enforce- ment authorities. (B) Warn the prospective purchaser about the proposed sale. (C) Inform the art museum of the truth about the first painting. (D) Refuse to represent the art dealer in the present transaction.

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Question 13 Two years ago, an attorney represented his client when he sold h}s property. Unbeknownst 1o the attorney, the client made some fraudulent statements t0 t_he buyer about the value of some mineral deposits on the property. The buyer recently discovered the f{aud and is now in the attorney's office thfealeQIng to immediately fle a civil fraud suit against both the client and he 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 ihe 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 Jiaixlity. Question 14 _An attorney js representing a defendant on trial for armed robbery of a liquor store. The defendant tells the attorney in confidence that at the time in question, he was sitting at home watching television with his aged mother, and that his mother can confirm his alibi. The attorney interviews the mother, who solemnly confirms the defendant’s story. After talking 'wnh' her, the attorney strongly suspects that she is lying to protect the defendant. The attorney df)es not know for sure that the defendant and his mother are lying, but every instinct tells him that they are. The attorney has warned both of 'them about the dangers of perjury, but both have insisted that they want to testify to the alibi at trial, May the attorney call the defendant, or his mother, or both, as trial witnesses? (A) Yes, as to both the defendant and his mother. (B) Yes, as to the defendant, but no, as to his mother. (C) No, as to both the defendant and his mother. (D) No, as to the defendant, but yes, as 1o his mother. GO ON TO THE NEXT PAGE

Question 15 The State A Bar has established an Interest on Lawyers' Trust Accounts (“IOLTA™) program, whereby lawyers deposit client trust funds into special client trust accounts that pay interest to the State A Bar, which then uses the money to help fund legal services for poor people. T_he program requires lawyers to deposit a particular client’s funds in an [OLTA account unless the funds would earn more than $50 in interest during the time they are entrusted to the lawyel_'. If the client’s funds would earn more than $50 in interest during that time, the lawyer must deposit them in a separate interest-bearing trust account and pay the interest to the client. An attorney settled a personal injury case brought by her client. The defendant sent the attorney a check for $9,000. Because she was leaving that day for a one-month vacation, the attorney instructed her assistant to deposit the check in the attorney’s IOLTA account. The assistant is authorized to make deposits to and withdrawals from the account. The attorney did not tell her assistant to notify the client that the check had arrived. When the attorney returned a month later, she notified the client that the check had been received, and the client came to the attorney’s office that same day to collect the $9,000. At the prevailing rate of interest, the $9,000 would have earned $40 during the month that the attorney was gone. Was the attorney’s handling of the matter proper? (A) No, because she should have instructed her assistant to deposit the check in a separate trust account that would eamn interest for the client. (B) No, because she should have instructed her assistant to notify the client promptly that the check had arrived. (C) Yes, because she handled the Matter in accordance with the State A I0LTA program. (D) Yes, because the client was not harmeg Question 16 A new associate at a law firm wag asked tg help a partner advise a state university o how to comply with a federal statute that Tequires colleges and universities to make many chyy, - in their facilities to accommodate studengs with disabilities. After graduating from law schog| the associate had worked on the congressiomi staff of a United States senator. In that role, she personally drafted a bill that was ultimately enacted as the federal statute. In light of the associate’s earlier role as the drafter of the federal statute, which of the twg lawyers may work on the matter? (A) Neither the partner nor the associate. (B) The partner only, ar< only if the associate is properly screened off from the matter. (C) Both the partner and the associate. (D) The partner only, and only if the state university consents after full disclosure.

a insurance company offers a legal services e policy. In r.eturn for a yearly premium, o insured will be reimbursed by the insur- n“ce company for a specified amount for legal :ervices during the year. The insured selects alawyer from a.llst of “authorized providers” Supplied by the insurance company. Any lawyer who agrees (0 follow a maximum fee schedule et by the insurance company can become an syuthorized provider. The. insurance company solicits insurance sales by in-person and live telephone cor}tact with po‘tennal Insurance buyers working systematically through local telephone directories. insuranc will an attorney be subject to discipline if he pecomes an “authorized provider” and receives clients through the insurance company’s insur- ance plan? (A) No, because the insurance company does not specifically target persons whom it knows are in need of legal services in a particular matter covered by its insurance plan. (B) No, because the insurance company’s insureds are allowed to select whatever lawyer they wish from among the “autho- rized providers.” (€) Yes, because the insurance company uses a specified maximum fee schedule. @) Yes, because the insurance company uses in-person and live telephone solicitation to get business. Question 18 di:;l?t :tx)ﬂ? represented a landlord in a oo er longtime tenan.t, who had | Y decided not to renew his lease. The tandlord Wanted to retain the security deposit O pay for extensive damage to the carpeting, While the tenant insisted that the damage was norma,l Wwear and tear. The attorney and the tenant’s lawyer negotiated for days, but neither party would settle for less than two-thirds of the security deposit. Finally, the landlord telephoned the attorney and said: “The tenant asked if I want to talk about the security deposit. We’ve kqown each other for years, and I think we might have better luck if we work things out ourselves.” The attorney encouraged the landlord to talk with the tenant if she thought it would help, but advised her not to finalize any agree- ment until both parties could consult with their respective counsel. The landlord and tenant had a productive discussion. The following day, the tenant’s lawyer called the attorney and said the tenant would accept one-half of the security deposit. The attorney communicated the offer to the landlord, who agreed and returned the funds to the tenant. Is the attorney subject to discipline? (A) Yes, because the attorney encouraged the landlord to speak to the tenant without ob- taining the consent of the tenant’s lawyer. (B) Yes, because the attorney encouraged the landlord to speak to the tenant without notifying the tenant’s lawyer. (C) No, because the tenant initiated the conver- sation with the landlord. (D) No, because the landlord and tenant spoke to each other directly. GO ON TO THE NEXT PAGE

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Question 19 A building contractor and his attorney met with a landowner to negotiatq a contract for construction of an office building on the landowner's property. The contractor, the attorney, and the landowner were the only persons present at the meeting. Ultimately, the three of them worked out a written agreement, and the contractor commenced work. }_-lowgver, it soon became apparent that the building site required far more preparation work than the contractor had contemplated when he agreed to the contract price. The contractor and the landowner argued about who had to pay for the additional site preparation. One important issue is whether the landowner made certain oral representations to the contractor during the contract negotiating session that the attorney attended. The contractor contends that the landowner did make the representations, while the landowner contends that he did not. The attorney was present during the entire negoti- ating session, and she is virtually certain that the landowner did not make the representations. The contractor refused to proceed with construction until the landowner paid for the extra site preparation. The landowner then sued the contractor for specific performance of the construction contract. The contractor asked the attorney to represent him as trial counsel. The attorney should: (A) Agree to serve as trial counsel for the con- tractor because the contractor is entitled to the counsel of his choice. (B) Agree to serve as trial counsel for the contractor because she can refuse to testify if she is called as a witness by the landowner. (C) Decline to serve as trial counse] for the contractor because a lawyer is not allowed to testify in a manner that is prejudicial to her client. (D) Decline to serve as trial coyp contractor because she can f;, will be called as a witness, sel for the TeSee thy e Question 20 An author wrote a best-selling no the life and crimes of John Dillinge bank robber. The author sold the moyje tigh Oy a film producer, who promised to Pay the iuls o a lump-sum royalty of $5 million upo, the thor release of the movie. After the producer hiteg actor to play the lead role and ma sive preparations for filming, the author repug; ated the contract. The producer hired a5 i n: to sue the author for a declaratory judgmeny that the contract was valid and enforceable, At the producer’s request, the attorney agreed o do the legal work on a contingent fee basis: I the producer wins, the attorney will pe paid 1.75% of the gross receipts from the movie, by if the producer loses, the attorney will be paid nothing. The producer and the attorney entereq into a written fee agreement that contajns all the details required by the rules of legal ethics, Vel bageg T, the fam & n de other eXper, Which of the following statements is trye? (A) The attorney is subjact to discipline for entering into a publication rights contract with his client. (B) The attorney is subjzct to discipline for acquiring a personai interest in the subject of the litigation. (C) The attorney’s fee agreement is proper, but only if the author gives informed consent. (D) The attorney’s fee agreement is proper, even though it gives the attorney a personal interest in the subject of the litigation. e WAOE

or many years an attorney has done business psactions work for a wealthy client. The client recentl injured in an automobile crash, wasshe has asked the attorney to represent i as p]aintiff in an action against the driver et d her. The attorney has taken some who injure . pusiness cases to trial, but he has never handlegd . personﬂl injury case. The attorney would like to help his client 4nd also generate some income. Which of the following would be an improper way for him to doso? @A) Take the case and, with the client’s consent, associate a co-counsel who is competent in the field of personal injury law. (8) Refer the client to a competent personal injury lawyer and charge that lawyer a $1,000 forwarding fee. (C) Refer the client to a competent personal injury lawyer and charge the client a reasonable sum for the time spent in making the referral. (D) Take the case and, with the client’s consent, undertake additional research to bring himself up to speed in the field of personal injury law. Question 22 tior‘?go;inﬂorpey is a voting member of the legisla- o mittee of a consumer-based Jaw reform group that drafts and advocates the passage of Proposed statutes on food safety. The law reform &roup is currently debating a draft statute that Sets quality and safety standards for growth hormones administered to chickens, turkeys, and other poultry. The attorney is also engaged in the private practice of patent law. She regularly represents a biotechnology firm. Using the techniques of genetic engineering, the biotech- nology firm invents, develops, and sells a variety of patented growth hormones. The attorney herself has obtained patents on some of these hormones for the biotechnology firm. If enacted into law, the law reform group’s proposed statute on poultry hormones could materially increase .lhfe biotechnology firm’s hormone sales because it is the only firm whose hormones would meet the statute’s quality and safety requirements. Would it be proper for the attorney, as a member of the law reform group’s legislation committee, to participate in the debate on, and to cast her vote on, the proposed statute? (A) No, because the statute could materially benefit the biotechnology firm. (B) No, because the attorney may not serve as a member of the law reform group while representing the biotechnology firm. (C) Yes, provided that she informs the legis- lation committee that she represents an unnamed client whose interests could be materially benefited by the statute. Yes, provided that she informs the legis- lation committee that she represents the biotechnology firm, whose interests could be materially benefited by the statute. (D) GO ON TO THE NEXT PAGE

Question 23 A judge sits on a federal appellate court. He and two other federal judges heard a diversity of citizenship case in which they were requxrgd to interpret a state statute concerning the marital communications privilege. The judge’s two colleagues wrote the majority opinion, in which they concluded that the statute gives on!y .the witness-spouse the right to claim the privi- lege. The judge wrote a vigorous and scholarly dissent, arguing that the statute gives both Spouses the right to claim the privilege. Later, a state senator introduced a bill to amend the statute to reflect the judge’s position. The state senate invited the judge to testify about the public policy reasons for giving both spouses the right to claim the privilege. May the judge testify? (A) Yes, but only if the two judges who wrote the majority opinion are also allowed to testify. (B) Yes, because a Jjudge may engage in activi- ties designed to improve the law, (C) No, because a judge must not become involved in politics, subject to certain exceptions that do not apply here. Question 24 An attorney has organized hjg law praee: as a professional corporation, The att the sole shareholder. The sign o states: Dy the office ds%[ Professional Corporation— Attorney ar Corporate and Business Lay, Lay Torts and Domestic Relationg The attorney has one Iawyer-emp](,yee wh was admitted to practice two years ago ]:he 0 attorney pays his employee a modest mont salary plus 60% of the fees collected ip, Casei that the employee handles by herself, The attorney has a general business Practice ang j; not a certified specialist in any Practice ae, When a client needs Tepresentation in g g o domestic relations matter, the attorney tupyg the case over to his lawyer-employee, When the attorney turns a case over to the employee, e provides general guidance and is available (g answer any questions she may have, but pe does Dot supervise every step she takes, Is the attorney subject to discipline? (A) Yes, because he splits fees with hig e, ployee in matters she handles by herself. (B) Yes, because he does not closely supervise the work done by his employee, (C) No, but he should change his sign to show the fields of practice that he personally handles, (D) No, because the employee is a lawyer- employee of the attorney. | |

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o Jttorney Was re'presen.ting the plaintiff vench trial of a civil action pending before at-ﬂd 2. Midway through the plaintiff’s cage. 2 Juh%c f the judge called the attorney into hjs in-c “bers. The judge told the attorney that he chanﬂhl the attorney’s case was very weak, m(:lifiat he could be mistaken because he was g}lsﬂﬂcte d by money troubles. The judge wen¢ hat if he could get a $50,000 loan, he to say t o;u]d feel much better. The attorney responded L‘;]a, he would be l}appy to loan.the judge 65000010 help him out as a friend. Later that Jfiernoon, a messenger delivered an envelope containing $50,000.m cash to the judge’s chambers. No mention was made of a promis- cory note, 2 repayment dqte, or an interest rate. Two days later, the plaintiff settled his lawsuit so the judge never had to decide the case. Three months later, the judge repaid the $50,000 to the attorney, together with interest at the market rate. Is the attorney subject to criminal liability for lending the money to the judge? (A) Yes, if it is proven that the judge intended to induce the attorney to make the loan in return for a decision in favor of the plain- tiff. (B) Yes, if it is proven that, in making the loan, the attorney intended to induce the judge to decide the case in favor of the plaintiff. (C) No, because as the matter turned out, the judge never had to decide the plaintiff’s case. (D) No, because the judge repaid the loan with interest. Question 26 ral;:‘);t?}]] company merged with an iron corpo- com z-l e state attorney gener'a] sued the steel o Pany and the iron corporation in federal COUIt to enjoin the merger, alleging that it was In violation of the federal antitrust Jaws. The federal district Judge enjoined the merger, and the stee] company appealed the judge’s decision. The steel company’s attorney, doing the legal research for the appeal, found a recent merger df.cnsxon rendered by the Federal Trade Commis- ston (“FTC™) that is directly adverse to the steel company’s position. FTC decisions do not control in the United States Courts of Appeal, bl.!t they are persuasive. The attorney general failed to cite the FTC decision. i Must the steel company’s attorney disclose it to the court? (A) Yes, because it is persuasive authority. (B) Yes, because the FTC decision is directly adverse to the steel company’s position. (C) No, because a lawyer has no obligation to volunteer facts harmful to his client’s case. (D) No, because the court of appeals is not obliged to follow the FTC ruling. GO ON TO THE NEXT PAGE

Question 27 A solo practitioner is one of only three ) lawyers in a small town. The solo pra_cuuone.r is presently defending a client in a crlmmal action for assault and battery. This morning one of the solo practitioner’s regular clien}g, a gas and grocery store, asked the solo practitioner to sue the same client to recover a past due amount on a gasoline and grocery charge account. Would it be proper for the solo practitioner to represent the gas and grocery store in the charge account case? (A) No, because it is presumed that a lawyer obtains confidential information in the course of representing a client. (B) No, unless the other two lawyers in town are disqualified from representing the gas and grocery store. (O) Yes, because there is no substantial relation- ship between the charge account case and the assault and battery case. (D) Yes, if both the client and the gas and grocery store consent after full disclo- sure of the conflict, and such consent is confirmed in writing. Question 28 An attorney agreed 1o represep; a wif hourly fee basis in securing a divorce fre On gy husband. The husband is also represente% er an attorney. Despite repeated Warnings , by attorney, the wife kept pestering hey i ¥ her with telephone calls and office visits COnrney. inconsequential details and trifling persocernlng complaints. When the wife wag unable tonal her own attorney on the phone or persO:ma“ would telephone her husband’s attorney, alnéshe to put her questions and complaints to T‘fy husband’s attorney always refused talk 1 hhe client’s wife. The wife’s attorney repegte d Il]s her not to contact her husband’s attorney, b{; t?d no avail. Finally, the wife's attorney tOld’the w(']f that she would withdraw unless the wife chap ife her ways, but the wife did not do s, The wi fe‘ied attorney withdrew and sent the wife 5 fee bil) for the total number of hours she haq spent on the case. The wife refused to pay the bill, apq after futile efforts to settle the matter, the wifg attorney sued her to collect the fee, and stateg that she would be holding the file ungi] her bil} was paid. Which of the following propositions is not true? (A) It was proper for the wife’s attorney to withdraw. (B) It was proper for th: husband’s attorney to refuse to talk with the wife on the phone. (©) Itwas proper for the wife’s attorney to bill the wife for the total ~mount of time she spent on the case. (D) It was proper for the wife’s attorney to hold the wife’s file until paid.

ey in solo practice published a A"ua:éorega rding what one should do when b,f)ch The brochure contains accurate, helpfy] injure z'zli on about obtaining proper medical info[rl:?ent recording details of the accident, qments rying insurance companies, not making poti yful’statements, and the like. The attor- h"”_'s1 name, address, and telephone number are ey ted on the brochure’s cover. One afternoon, prlnattorney saw a pedestrian knocked down lhc:l cosswalk by a hit-and-run driver. He and mothef bystander called 911 and gave the pedes- qu‘]an emergency first aid until an ambulance rived. The next day, 'the attorney visited the pe destrian in the hospital and gave the pedes- irian & COPY of his brochure. Which of the following is correct? (A) The attorney is subject to discipline, both for publishing the brochure and for giving the brochure to the pedestrian in the hospi- tal. ) The attorney is subject (o discipline for publishing the brochure. (C) The attorney is subject to discipline for giving the pedestrian a copy of the brochure at the hospital. (D) The attorney’s conduct was proper because the brochure’s contents are neither false nor misleading. Question 3¢ . pZZf Cstate bar association has established who aremijr:is'elmg program whereby lawyers Caner addicted to a_lcohol or other drugs i €ive confidential counseling from other wyers. The bar association’s ethics rule on confidential information provides that commu- Nications between the counselor lawyer and the counseled lawyer are to be treated just like confi- gfintlal communications between an attorney and jent, A lawyer is addicted to alcohol and is Teceiving peer counseling under the program from another lawyer. The lawyer is a large, strong man, and his addiction has made him subject to periodic fits of physical violence. This afternoon, during their peer counseling session, the lawyer told his peer counselor that his client haq refused to pay the fees he owes, and that h'e intended to punch out the client the next time he got roaring drunk. From working with the lawyer over an extended period, the peer counselor believes that he may really do it. May the peer counselor disclose the lawyer’s statement to the client and the police? (A) No, unless the lawyer consents. (B) No, unless the peer counselor is certain that the lawyer will carry out his threat. (C) Yes, even if the lawyer objects. (D) Yes, because he is serving as a peer counselor, not a lawyer. GO ON TO THE NEXT PAGE

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Question 31 An elderly widower has one living child, a daughter. The widower’s main asset 1§ 51% partnership interest in a wealthy real qstate syndicate that owns and operates moblle,home parks throughout the state. The daughter’s . husband is an attorney. One of the husband's regular clients asks the husband to represent him in negotiating the sale of 3,000 acres of roadside property to the real estate syndicate. The real estate syndicate is represented by its own lawyer in the matter. May the husband represent his regular client in a sale with the real estate syndicate? (A) No, even if the client gives informed con- sent, confirmed in writing. (B) No, because to do so would create an appearance of impropriety. (C) Yes, because the husband has no significant personal interest in the real estate syndicate. (D) Yes, but only if the client gives informed consent, confirmed in writing. Question 32 A swimming coach was charged with assault of another coach. The swimming coach hired a criminal attorney to defend him. Subsequently, the swimming coach pleaded not guilty and was released on his own recognizance. At his first trial, a jury was empanelled, and the prosecutor was almost finished presenting the testimony of her first witness when a signal from her electronic pager interrupted her. The trial judge granted her request for a short recess, at the end of which the prosecutor told the judge that her office had instructed her not to proceed with this case at this time. The judge responded that if the prosecutor stopped now, the defendant would go free. When the prosecutor indicated that she understood, the judge entered a judgment of acquittal and set the swimming coach free. - “f] Twenty days later, the Prosecuor y,, the swimming coach with the sa, o f? Argeq swimming coach hired his original ey eqsfi_m attorney to defend him, The same juq ing) over the second trial. The swimming 52 : attorney made no pretrial motiopg, Thisi?hs the prosecutor did not falter, anq in due Ime the jury at the second trial foung the 8wfour§e coach guilty as charged. The judge sememrmng him to prison for the period requireg by I"Ced but she stayed the sentence and releaseq :iw, on his own recognizance pendip appeal T"l’] swimming coach reluctantly paid the Crir‘ni e attorney’s bill for the second trial._$5,000nal However, the swimming coach hired 3 nev;' lawyer for the appeal, and in dye course the appellate court reversed the conviction apq S aside the prison sentence. The appellate courr opinion stated it had never seen clearer douy jeopardy violation. J Pl‘esided Will the swimming coach’s original Criming] attorney be subject to civil liability in 5 legal malpractice action brought by the Swimming coach for having missed the double Jeopardy issue? (A) No, because the swimming coach neyer served jail time as a result of the original attorney’s error. (B) No, even if the swimming coach proves by a preponderance of evidence that he did not commit the assault on the opposing coach. (C) Yes, provided that itic swimming coach proves by a prepor derance of evidence that he did not commit the assault on the opposing coach. (D) Yes, but the swimming coach can recover only nominal damages. e om¥N

Question 2 attorney and a licensed real estate deve]. n nonlawyer, created a partnership to serve opeh ﬂwho want to invest in commercja] real People The real estate developer finds Promising esmte'e,cial real estate projects, brings together cOmms of investors, and works with loca] U o authorities to gain approval for the plan® 5. The attorney drafts the legal documents proj&ce P rojects, assists the investors with the ;al echnicalities, advises the investors on thejr leg Jiabilities, and does whatever legal work the Fm:estors need in connection with management :;d operation of the projects. The attorney and ne real estate developer charge the inyqstors 4single fee for their work, and they divide the pannership profits 50%-50%. Is the attorney subject to discipline? (A) No, provided the investors give informed consent to the potential conflicts of interest, and such consent is confirmed in writing. (B) No, because the real estate developer does only development work, and the attorney does only legal work. (C) Yes, because the attorney and the real estate developer are partners in the business. (D) Yes, because she is aiding the real estate developer in the unauthoized practice of law. IRACIHICE EXAM 1 223. Planning matters. When a young attorney opened her trust and estate practice in town, she askec! other lawyers how she could get on the bank’s approved list. They explained that the bgnk lists lawyers who always name the bank in wills and tryst agreements they draft for clients Who need an institutiona executor or trustee. The bank is one of the most stable and reputable banks in the State, and its fees for executor and l{us}ee services are competitive with those of similar institutions, Inlight of what she has been told by the other ]awyer. S, may the young attorney seek to have her name included on the bank’s list? (A) No, because a tacit condition of being on the list is always to name the bank as ex- ecutor or trustee. (B) No, because a lawyer must not solicit business through an intermediary. (C) Yes, because naming the bank causes no harm to clients who need an institutional €xecutor or trustee. (D) Yes, because those who use the bank’s list are already bank customers. GO ON TO THE NEXT PAGE

Question 35 A man alleges that a very wealthy actor punched him in the face. He c.ont‘actecl' an attorney about representing him ina cm! action against the actor. After several lenglhy discus- sions with the attorney about the merits of the case, the man decided to employ another lawyer instead. The actor was later ch:;rged_thh criminal assault in connection with this incident, and the trial was televised. As the attorney was watching the trial, she was astonished when the man testified to facts that the attorney knew from their previous discussions to be false. The attorney sent a letter with a messenger over to the court to notify the court that the man had perjured himself. Were the attorney’s actions proper? (A) Yes, because her actions were necessary to prevent the man from perpetrating a fraud on the court. (B) Yes, because the man committed a criminal act by testifying falsely. (C) No, unless she sent copies of the letter to the prosecution and defense lawyers and they are given an opportunity to respond. (D) No, because the attorney’s information was gained during her discussions with the man. Question 36 An attorney regularly represents am turer of electric Kitchen applianceg, Ona the president of the manufacturing Come mon,ing called the attorney and asked if the anofany seen the newspaper story about 3 WOmanney hag was electrocuted when she opened the dowh° her dishwasher. The company pres; ony St0r of that he believed the dishwasher wyg o ;Ied his company had manufactured. The o al president also stated that he found some 5 a[ll'y control records from that period whicp, rgﬂ ality that some dishwashers left the plant With()ue;md proper testing. He continued that the records should have been shredded, but somehqy, el been overlooked, and said that he intended ¢, send the records to the shredder immediae} unless the attorney told him that he coylq not, Nufye, Must the attorney advise the president tq keey the records? P (A) Yes, unless the company has a clearly established policy of shredding quality cop. trol records after two years. (B) Yes, because the records have potential evidentiary value if the company gets syed. (C) No, because at this point there is no litigation pending against the company respecting this matter. (D) No, unless it was certain that the company was the manufacturar of the dishwasher in question. oo DAGE

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ctices environmental Jaw, He altorn:)l’oplgz one of the nation’s leading 250 haPPe':]] e environmental effects of filling e onThe state legislature has schedyleq v,exli_iﬂds' n a bill to prohibit the filling of pearings (S)urmuﬂdi“g a bay. One of the attorney’s wexlandslients is a development Company, which Jar Cvel opment rights to some of the wetlans oIS déon The development company waps inq“"',Stl wétlands so that it can buijld low-cost tofill 1S for underprivileged families, The devel- how"f company hired the attorney to appear a5 opu}elss at the legislative hearings and to testify it sition to the ban on wetland filling, The in OPP: appeared as a witness, identified himsels “‘"L"Jpen on wetlands, and testifieq vigorously :;ai nst the proposed legislation. Was the attorney’s conduct proper? (A) Yes, unless his testimony was contrary to his own beliefs about the environmenta) effects of filling wetlands, (B) Yes, because he is a leading €Xpert on the environmental effects of filling wetlands, (C) No, unless he informed the legislators that he was appearing in a representative capacity. (D) No, because a lawyer must not be a witness for his client on a contested matter., Question 38 An attorney represents the defendant in a i35 charged with - Under the crimjna] Lis guilty if he egrees of uncertainty, all four of them told the altorney that they believe the light was red but that they are not positive, Based on ' lections, as well as certain physical i N the case, the attorney herself believes that the light was probably red, but of course she was pot present at the scene and cannot be Certain. Th bystander, who said that he simply could not femember what color the traffic light was. The eternally gratefy] to you if you could testify that the light was After thinking it over, the fifth bystander said he (A) Yes, because both the bystander and the attorney knew that the bystander did not femember what color the light was, (B) Yes, because neither the bystander nor the attorney was certajn that the light was green, (D) No, because the defense lawyer in a criminal case must resolve alj doubtfy] facts in her client’s favor when sh : ¢ presents evidence on her client’s behalf.

Question 39 1 A law professor was selectegl as the neutra arbitralorpof a boundary line dispute between ;n elderly couple and the coup[e‘s next-door neigh- bors. The law professor decided the matter in favor of the elderly couple. Shortly thefe‘aﬂer, the law professor quit his teaching position and, entered private law practice. Th_e elderly couple’s next-door neighbors brought suit to have the arbitration award set aside. The elderly couple asked the law professor to represent them in the suit. If the law professor takes the case, will he be subject to discipline? (A) No, because serving as the elderl.y.couple's lawyer is consistent with his decision as arbitrator in their favor. (B) No, because by seeking to hire the law professor, the elderly couple is dqemed to have consented to the conflict of interest. (C) Yes, because his earlier service as neutral arbitrator creates a conflict of interest. (D) Yes, because there is reasonable ground to doubt his impartiality in the case. Question 40 A plaintiff brought a civil action to recover damages for personal injuries he suffered as the victim of alleged police brutality inflicted by three defendant police officers. The trial was widely reported by the media. The jury returned a verdict in favor of the plaintiff and against the three police officers for $500 million. When the trial judge received the verdict, he was shocked by the size of the award. Before dismissing the jurors, the judge told the jurors that when they were sworn in, they had promised that they would deliver a verdict based on the evidence and that they would not be swayed by passion or prejudice. The judge further admonished the Jurors that they had failed in those duties, that they had made a mockery of just ce, ang they should be ashamed of themselyeg thay He then dismissec! the jury, ang the e lawyers renewed their motion for judgme Ense matter of law and, alternatively, moveg Mg, trial. The judge announced that he would Ang, the motions the following Monday 10 Tule g, open court. The press reports of the the judge’s comments to the jury cre public tumult in the city where the tried. Verdié[é ated a rnd ase Wag On the following Monday, the COurtroop, was jammed with reporters. Primarily fo; the purpose of educating the reporters, the judge first gave a detailed explanation of the lega) requirements for granting a reneweq Motion fy judgment as a matter of law and for granting , new trial motion. He then granted the reneweg motion for judgment as a matter of Jay and alternatively, the motion for a new tria) Were the judge’s actions proper? (A) Both the statements to the jury ang the communication with the reporters were proper. (B) Neither the communication with the reporters nor the statements to the jury Were proper. (C) The statements to th= jury were proper, but the communication with the reporters was not. (D) The communication vith the reporters was proper, but the statements to the Jjury were not.

Quest dient lives in State A and is a regular clien; A orney who is admitted to practice only ?fsmle A. When the client was on vacation in in L state B, she was injured in a car accidep; dist od by a resident of State B. The client hired ca:; torney to represent her in a civil action th inst the State B driver. For reasons of juris. 3. on and venue, the case had to be filed and dic in State B. The written fee agreement glaween the client and the attorney provided that: (1) The attorney would assume full responsi- pility for the case as lead lawyer; (2) The client would pay the attorney 40% of the net recovery after deduction of litigation €xpenses; (3) The attorney would associate a State B Jawyer to serve as trial counsel in State B; (4) The State B lawyer would assume respon- sibility only for his work as trial counsel; and (5) The attorney would pay the State B lawyer an appropriate portion of the 40% contingent fee. Would it be proper for the attorney to split his fee with the State B lawyer under the circum- stances described above? (A) No, because the attorney is not admitted in State B. (B) No, because the share that each lawyer will receive was not discicsed in the written fee agreement. (©) Yes, because the State B lawyer was assuming responsibility for his work as trial counsel. (D) Yes, because there was a written fee agree- ment, Question 42 Thl:t"fiauome}' is a partner in a private law firm. three M regularly provides legal services to fends major banks and two other important ending institutions in the community. The altorney has been invited to become a member of the board of directors of the local legal aid Society, the group that sets overall governing POl_lcle_s for the local legal aid office. One of the major issues that will soon face the board of dl{eCl(_)rs is whether to amend the case intake guidelines to allow the legal aid office to repre- sent clients in disputes with banks and other lending agencies. Which of the following statements is correct? (A) The attorney may join the board of direc- tors, but she must refrain from participating in the decision about the case intake guide- lines. (B) The attorney will be subject to discipline if she joins the board of directors because service on the board is in conflict with the interests of her firm’s bank and lending institution clients. (C) It would be proper for the attorney to join the board of directors, and it would be proper for her to participate in the decision about the case intake guidelines. (D) The attorney may join the board of direc- tors to help discharge her pro bono obliga- tion, and she may vote in favor of amending the case intake guidelines in order to make it easier for low income persons to sue banks and other lending institutions. GO ON TO THE NEXT PAGE

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et Question 43 A 12-year-old boy was badly injured when he was struck by a dump truck owned by a construction company and driven by the comptzll- ny's employee. The boy and his parents sued the construction company and the employee. The first count of their complaint alleges that the employee drove negligently while acting within the scope of his duties for the co_nstrucuon ) company, and that the construction company 1 therefore liable for the boy’s injuries. The sgcond count alleges that the employee drove negli- gently while on a frolic of his own, and tl}ag thf: employee is therefore liable for the boy’s injuries. The construction company hired an attorney to defend both the construction company and its employee. The attorney conducted a careful investigation of the facts and concluded that the employee was in no way negligent; he was driving slowly and carefully when the boy suddenly ran out into traffic from between two parked cars. The attorney further concluded that the employee was acting within the scope of his duties when the accident happened. The attorney concluded that he could win the case because of the lack of negligence, and that he could effectively represent both the employee and the construction company. He then carefully explained the potential conflicts of interest to both of them and obtained their informed consent, confirmed in writing, to the joint repre- sentation. After exhaustive discovery proceed- ings, the attorney remained convinced that the employee was not negligent, but he nonetheless explained the potential conflicts to the employee and the construction company a second time and again obtained their informed consent, confirmed in writing, to the joint representation. Three weeks before the case was scheduled for trial, counsel for the plaintiffs moved to disqualify the attorney due to a conflict of interest between the employee and the construction company. Must the trial judge disqualify the attorney? (A) No, because there is no actual or potential conflict between the employee and the con- struction company. (B) No, because the employee ang tion company gave informed ¢ confirmed in writing, tation. lhe Co ng| . fmsenL . to the join, Tepreg, {8 (C) Yes, because the potential conflict g, an appearance of impropriety, aleg (D) Yes, even though the employee apg the construction company gave informeg consent, confirmed in writing, o the i representation. nt Question 44 A client hired an attorney to put together 5 complex real estate syndicate. In connectiop wilh that work, the client disclosed to the attorney a great deal of confidential information about the client’s financial affairs. When the tagk was about half completed, the attorney’s wife g killed in a car accident and his family’s hoyge burned down, all in the same week. The altorney was so emotionally and physically drained thy he felt he could not competently continue wit the work for his client. The client refused to allow the attorney to withdraw. The attorney begged the client to allow him to turn the files over to his law partner, an excellent real estate lawyer who was completely trustworthy and perfectly competent to handie the matter. The client refused to allow his files to be turned over to any other lawyer and insisted that the attorney himself promptly complzte ihe work. What should the attorney do? (A) Tumn the files over to his partner, and remain available to assist his partner to the extent possible. (B) Withdraw and turn the client’s files overto the client. (C) Set the client’s work aside until he recovers from the ills that have befallen him. (D) Continue with the matter and do the best that he can under the circumstances. A0 ON TO THE NEXT PAGE

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An comP” ey & i alto offense for any person or business entity ribe or give 3 kickback to a state official, The statute authorizes fines of up to $100,000 ¢ transaction for any violation. The marine Foply company has a strict cor.pc.)rale policy that ohibits its employees from bribing or giving Fickbacks 0 a.nyone.‘Employees Wwho violate the licy are subject to immediate discharge and are required to indemnify the marine supply company for any loss it suffers as a consequence of the violation. The attorney general has noticed the deposi- tions of dozens of the marine supply company’s employees. One of these employees, prior to his recent retirement, was the sales manager of the marine supply company. The attorney met with this employee to prepare him for his deposi- tion. At the outset of the interview, the attorney agreed to represent the employee without charge, and the attorney told the employee that anything said between them would be confidential. During the interview, the attorney asked the employee whether he had ever bribed any state officials. The employee confessed that he had, but said it had been necessary becausc all of the company’s competitors were doing it, too. What course of action may the attorney pursue at this point? (A) Withdraw from the case and inform the at- torney general what the employee said. (B) Withdraw from the case and keep the employee’s statement in confidence. (C) Withdraw from representing the employee and inform the marine supply company what the employee said. (D) Continue in the case, inform the marine supply company what the employee said, and advise the marine supply company to seek prompt settlement. raavliLe cAAM 1 £L25. Question 4¢ ba:kr:_j;)‘t‘;;ﬂg \\;]ho limits his practice to rOSter of W has signed up on the local court appointed criyer's v&{ho are willing to take court- bono bags Hmlhna defense matters on a pro e € has taken approximately one such but ho hae riminal case each of the past 10 years, tom won only two gf them. Th.e day z}fter Orrow, the attorney will start the jury trial of a criminal defendant charged with indecent €xposure. This morning, the prosecutor held a press conference, at which he told reporters that this defendant had been accused of various sex off?nses on six prior occasions. The prosecu- tor's statements are correct, but none of the prior 1nC1deqts will be admissible in evidence at the upcoming trial. The defendant’s attorney thinks that.the prosecutor was simply trying to poison the jury pool by degrading the defendant. The attorney is planning to call his own press confer- ence at which he will give the reporters the rest of the story. The attorney intends to explain that on all six prior occasions, the defendant was arrested but never charged, and all six arrests were made by the same police officer, who holds a personal grudge against the defendant. Which of the following is correct? (A) The attorney is subject to discipline for accepting this court appointment in light of his apparent lack of talent for criminal trial work. (B) The attorney’s proposed statements at the press conference are proper in light of the prosecutor’s prior statements to the press. (C) The attorney is subject to discipline for accepting court appointments in criminal matters when his active practice is limited to bankruptcy law. (D) The attorney will be subject to discipline if he holds the press conference and makes the statements described above. GO ON TO THE NEXT PAGE

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Question 47 A Hollywood movie producer was charged under a criminal statute for ur}falr frade " practices, and now faces a civil Flalm under the same statute. The producer retains an attorney to represent him in both suits. The attorney 1S a nationally known defense attorney who has represented many famous people.'Most recently, he defended a celebrity in a notorious murder case that held the country rapt for several weeks. The attorney explains to the producer that the representation is very complex and would ta.ke a majority of his time for several months. Glyen the attorney’s steep hourly rate, the produ'cer s legal fees would likely be around $1 million. The producer is short on cash and makes the following proposal: If the attorney will repre- sent him in both the civil and criminal suits, the producer will produce a movie based on the attorney’s most famous past cases, told from the attorney’s viewpoint. The attorney would have complete creative control and would be entitled to all of the movie’s profits, which could be anything from $0 to $100 million. The producer had his personal attorney draw up a proposal to this effect and submitted it to the attorney. Assuming that the attorney receives any consent necessary from his former clients who might be portrayed in the movie, is this proposed arrangement proper? (A) Yes, but only if the payment from the movie profits is for the civil suit only. (B) Yes, but only if the ultimate amount paid to the attorney is not excessive in light of the work done. (C) No, because any amount over $1 million is clearly excessive, and this arrangement could be worth $100 miliion. (D) No, because a lawyer must not acquire media rights to a story concerning the lawyer's representation of a client. Question 48 A patent attorney focuses her patents that involve gengtically medicines. Representatives of a b, firm had a preliminary conversat attorney about representing the b firm in a patent infringement act pharmaceutical corporation. Th never represented either company PfeViously bioengineering firm'’s representatives { " The alked attorney for more than an hour about pe bioi?l the gineering firm’s patent and about the tical corporation’s supposedly infringing prody This conversation covered only pub] = tion, nothing confidential. The bioengineefin firm’s representatives detected a distinct Jac of enthusiasm from the attorney, and they endeg the conversation cordially but without hiring he; In due course, the bioengineering firm hired, different patent attorney and sued the pharmg. ceutical corporation for patent infringement, The pharmaceutical corporation hired the attorney as defense counsel in the infringement case, The bioengineering firm’s atterney promptly made a motion in the trial court to disqualify the attorne because of her earlier conversation with the bigep. gineering firm’s representatives. Is the attorney subject to disqualification? (A) Yes, because the bioengineering firm had previously consulted the attorney on the (B) © (D) same matter. Yes, because the infringement suit is substantially related :o the earlier conversa- tion between the attorney and the bioengi- neering firm’s representatives. No, because the bioengineering firm was never the attorney’s client. No, because the prior conversation between the attorney and the bioengineering firm’s representatives did not involve confidential information. pn}CfiCe on €Ngineerey .10engineefin ion with p, ° .loengineerin 100 againgy e alt()mey had Pharmage,, ic informy, A0 ON TO THE NEXT PAGE

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estion 49 sintif, represen“‘;d b_y his attorney, bt suit in federal qlstrlct court against 3 pest ﬂg() | company and nine c_h;mical COmpanies con! hysic 2] and emotional injuries the plaintiff fo;fgm J after accidentally inhaling cockroach s emanating from an apartment that hag spmztl been fumigated by the pest control fip any. The attgrney's theory for suing the nine e cal companies was that the pest control company had probably purchas_ed its cockroach oy from at least one of the nine chemical o panies. A large law firm represented one of e ine chemical company defendants. By using depositions and document demands early in the discovery phase of the case, the law firm estab- Jished that the chgmlcal company it represented had never at any time sold any type of chemical 1o the pest control company. The law firm then moved for summary judgment as to its client. The laintiff’s attorney offered no substantive response o that motion, but rather filed a countermotion 10 disqualify the law firm on the ground that the firm was biased against the plaintiff. Qu apl The trial judge denied the motion to disqualify the law firm and granted the chemical company’s summary judgment motion, where- upon the plaintiff’s attorney immediately moved for a rehearing, moved to stay the trial judge’s two orders, and moved to disqualify the trial judge for bias and prejudice against the plaintiff and in favor of the defendant chemical company, the nature of the bias and prejudice being unspecified. The disposition of these motions consumed an entire year, Gue to the attorney’s obstreperousness and his repeated requests for postponements and extensions of time. Meanwhile, the law firm hag to stay actively involved in the case to proteci the chemical company’s position. This year-long ordeal ended up costing the chemical ccmpany $14,500 in atorneys’ fees and $6,750 in litigation costs. _ Isthe plaintiff’s attorney subject to litiga- lion sanction in the form of an order against the attorney personally to pay the $14,500 in attor- Beys’ fees and the $6,750 in litigation costs? ) No, because the attorney was represent- Ing his client zealously within the bounds of the law as he was required to do by the Tules of legal ethics. (B) No, because litigation sanctions can be !mposed only on parties to the litigation, not on their lawyers personally. ©) Yes, even if the attorney was acting in good faith, mistakenly but genuinely believing in the validity of the legal positions he took. (D) Yes, provided that the chemical company can show that the attorney either intentionally or recklessly took frivolous legal positions in order to harass the chemical company. Question 50 . A police officer was charged with murder. He is alleged to have savagely beaten and ultimately killed a teenage gang member in the course of an arrest. Neither the police department nor the officer's union was willing to provide legal counsel for his defense, and the officer himself lacked funds to hire private counsel. The public defender’s office could not represent him due to a conflict of interest from a related case. The trial court therefore appointed an attorney to defend the officer. The attorney is only three years out of law school. The attorney practices criminal defense, but he has never handled a murder case before. For which of the following reasons may the attorney decline the court appointment? (A) Based on what he has read in the newspapers, he sincerely believes that the officer is guilty. (B) He has no experience in the defense of a murder case. (C) He s of the same race as the teenage victim, and he is in sympathy with the plight of young gang members. (D) He recently was diagnosed with severe depression, which is affecting his ability to handle his existing caseload. GO ON TO THE NEXT PAGE

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Question 51 Two sisters are partners in a bakery. Thelr partnership agreement says that they will share the work and the profits equally. They are very close, but they constantly bicker—each claims that the other is taking an unfair share of the profits and shirking on the work. Six mo'nths ago, they hired an attorney to act as a third-party neutral, to help them resolve their differences once and for all. At the outset, the attorney explained that he would be strictly neutra} between them; he would not be representing either one, and neither of them would be entitled to the protections afforded by an attorney-client relationship. After a long series of meetings with them (sometimes separately, sometimes jointly), the attorney proposed a solution. The sisters liked his solution, reduced it to writing, and signed it, vowing to end their bickering forever. Six months later, the feud erupted again, worse than ever. One of the sisters asked the attorney’s law firm to represent her in a lawsuit against her partner-sister, seeking to declare the partner- ship at an end and to bar her partner-sister from entering the bakery premises. Which of the following is correct? (A) The attorney is subject to discipy; failed effort to serve both Sisters \f;e for hi i 2 en .. interests were patently in confligy n the (B) It would be proper for the attorne represent the sister in the lawgyj, Zsto requested, even without the inform, She consent of her partner-sister, . (C) The attorney’s law firm partner y, represent the sister in the lawgy requested, but only if her partp, notified in writing, and only if is timely screened and does ng fee earned in the lawsuit, it ag she Er-Sister is the altorp, U share i, the (D) The attorney’s law firm partner would b subject to discipline for representing lhee sister in the lawsuit as she requesteg even ' the attorney is timely screened and q il A nd doeg share in the fee earned in the lawsyj; " o e e e NPT

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question 52 uating from law school, an ayy Aft admlgllri‘ii to practice in one state and noo:-l‘ey f‘:ﬂy other jurisdiction. She joined the United m:al&‘ Army Judge Advocate General’s (“JAG™) (S:otps __the corps of lawyer-soldiers who provige o services to the Army throughout the world. After completing her officer training and her raining in military law, she was assigned to the 1AG officeata military base ina different state, Fven though she was not admitted to practice in that state, she was assigned to the legal assis- desk. According to Army regulations, per job is t0 provide legal services to military nnel and their dependents concerning a wide range of personal legal problems, including civil, domestic, and financial matters. An officer and his wife ask the attorney for legal advice sbout financing a mobile home, which they plan foputina mobile home park located in the town closest to the military base. The attorney knows absolutely nothing about the business and legal issues involved in financing a mobile home, but che is willing to undertake additional research to learn about these issues. Would it be proper for the attorney to give the requested advice to the officer and his wife? (A) Yes, because she is willing to do the re- search necessary 10 give competent advice on mobile home financing. (B) No, because she is net knowledgeable about these business and legal issues. (C) No, because she is not admitted to practice general civil law in the new state. (D) No, because mobile home financing is not directly related to the Army’s mission. Question 53 A personal injury att i orney and an orthopedic snl,'fif:]" are good friends, and they have a high abili regard for each other’s professional . re::ues One day on the golf course, they made anonllpl‘ocal referral agreement: whenever the for a ey has a personal injury client with need 0 orthopedic surgeon, the attorney promised to refer the client to the surgeon. Similarly, Wwhenever the surgeon has an injured patient with a need for a personal injury attorney, the Surgeon promised to refer the patient to the attorney. The agreement was oral, not written, and there was no mention of an expiration date; both women simply assumed that the agreement would continue indefinitely until one or the other Wwanted to end it. Likewise, they did not discuss Wwhether the agreement would be exclusive; both women simply assumed that neither of them would refer someone to a competitor of the other. Was it proper for the attorney to make this agreement with the surgeon? (A) No, because the agreement was not reduced to writing. (B) No, because the agreement was of an indefinite duration. (C) No, because a lawyer must not give anything of value to a person for recom- mending her services. (D) No, because a lawyer must not enter into a reciprocal referral agreement with a nonlawyer. GO ON TO THE NEXT PAGE

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Question 54 The attorney general’s office does not 1;\clude any lawyers who are skilled in the field of ) condemnation law (the law of eminent domain). Consequently, whenever the state wants 0 us€ its power of eminent domain to condemn some private property for a public use, the attorney general must hire a private law firm to represent the state in the condemnation proceedings. In contrast to the paltry fees that the state pays to appointed defense counsel in criminal cases, the attorney general pays quite handsomely for condemnation work. The attorney general is a partisan political position that is filled by a contested election every four years. A large state law firm limits its practice to condemnation law. The founding partner is an 87-year-old multi- millionaire who remains active on the firm’s management committee. When it is time to elect a new attorney general, the partner makes large donations from his personal wealth to each candidate who has any reasonable chance of becoming the next attorney general. The other members of the firm’s management committee know about the partner’s contributions, and they have formally and informally expressed the firm’s thanks for helping the firm obtain future appointments by the attorney general. May the firm accept an appointment from the new attorney general to represent the state in a condemnation case? (A) Yes, because the partner makes b . tributions from his personal wea|yy on. he has a constitutional right tg ;- personally in the political meeSaSl:nc‘Pale (B) Yes, because the partner’s persong ol contributions cannot be imputeq & thellmal firm. aw (C) No, because a lawyer or law firm st accept appointed legal work from 5 govnot mental official after making a politicy e, contribution for the purpose of obtainip such work. 3 (D) No, because to accept such an appointmey would create an appearance of iumprieW- light of the partner’s political contributiong " 0 ON TO THE NEXT PAGE

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ueSfion 55 red attorney practiced admiralty and e law for 45 years in Maine, He Stopped maft his bar dues in Maine when he retired, ()i";]‘: is no longer licenseq to practice there, He and s wife moved 10 a retirement village in New an ico, but he did not sef:k to become licenseqd to Mt’-é‘t ice law in New Mexico. After a few months P? jaying golf and puttering in the garden, the ou!:e dauorney got bored and started missing the ': llenges of law practice. He therefore joined fh o unpaid staff of volunteer lawyers at the Rio Grande Walk-In Legal Adyxce. Clinic, which isrun by 2 nonprofit organization. The clinic’s purpose isto offgr free, qu1c_k, accurate, compas- sonate Jegal advice to wa!kqn clients who cannot afford ordinary legal service and who have legal problems that can be solve'd quickly, without litiga- ion or other time-consumll ng procedures. Before they ever see one.of the clinic’s lawyers, all of the clients must give informed consent to the limited nature of the legal services they will receive. The retired attorney works at the clinic three days a week, and he dispenses legal advice on all sorts of matters—although he has yet to find a client who needed admiralty or maritime advice. The retired antorney enjoys the work because it makes him feel useful again, and because it gives him a cornu- copia of interesting stories (o tell his wife about his clients’ various legal troubles. 0 Aret Which of the following statements is correct? (A) The retired attorney is subject to discipline for practicing law withou a license. (B) The retired attorney is subject to discipline for failing to pay his bar dues in Maine. (C) The retired attorney’s volunteer work is proper because one does not need to be licensed to dispense legal advice at a quick- service clinic like this one. (D) The retired attorney’s conversations with his wife are proper because no confidential lawyer-client relationship is formed at a quick-service clinic like this one. TRSEAELIRS R S N h - M AR W SRR Question 56 ol d/-xfrz:sz;:ilg,: :Z}} L?Ifiz;ztjcgs real estate law in an real estate (rare. " Iction in which almpst every of one or e ] ction requires the services T : l}r]e awyers. The attorney is also attorney C()),nd S fta}t}e as a real estate broker. The estate brops cts her law.pract.lce and her real hesspcr rage business in a single office. using it o €tary and one p.arz.nlegal as her support . The attorney specializes in small, relatively old apartment buildings that are not in peak condition. They make good investments because they can be bought cheap, fixed up, and leased at favorable rates. When the attorney hears that an owner of a suitable building is looking to sell, she visits them in person and asks them to consifier using her to find a buyer. After an owner signs her up as their real estate broker, the attorney lets them know that she can also do the necessary legal work—the title search, the financing documents, the land transfer documents, and the like. Is the attorney subject to discipline? (A) Yes, because a person who is engaged in full-time law practice must not conduct a related business from a single office. (B) Yes, because a person who offers legal services along with real estate brokerage services must not engage in face-to-face solicitation of persons known to need real estate brokerage services. (C) No, because the attorney’s real estate brokerage services are ancillary to her law practice, and the two operations are conducted from a single office. (D) No, so long as her face-to-face pitch to the owners of apartment buildings is truthful and not misleading. GO ON TO THE NEXT PAGE

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Question 58 = i ired an attorn, dely admired, PghlY O ent willed hs eptre 2w AmEHOE Y S o " lo practice. him. The chen The cli € estate ) a compensated trial attorney in SO P 43-year-old widow. The client told e q . . types of civil and . h : !lOrn e e A s inconneat e v etera crimina huganofn, r:(;)ia zzlttention. The governor a frien fol \ a moral ot;ligati o tnt ;’:‘pla,lned mfatthdret‘;,t: 13ltngreThe attorney practiced had that he fe 0 the widyy, of the s been harshly criticized for appointing appel- because he had killed her husband, ang y, - ience as had never become a suspect Or confesseq p: o 'opl(i %he attorney to serve out the the client cc.)mn,utte suicide. Ip dye Course, il Lo ears of a recently deceased al! of the client’s assets were distribyteq 10 the z:mi;?%::\};‘zjlgice’s 12-year term. After the widow, z;lnd thg E;‘:Ziig?“‘t;lllosed his ety seSen years, the attorney can run for election to and dfisc %}ggiv or anvors (;{-se u:, attorney Never anew 12-year term. Before taking the oath as told t e;v1 0d o kill?n e at Ehe client judge, the attorney sold his entire law practice— had confesse - ga . ow’s husbang books, client files, office lease, furniture, and Now, a ew.yez;]rs iter, an enthusiastic Young goodwill—to another lawyer. The attorney gave prosecutor 1; c a.rdgmg' a]:1 u;)no%ept man wity appropriate advance notice to the clients, and murdermg l: e Wi 0\:{ § husband in the firs; the purchasing lawyer covenanted that he would degree with aggr]a(lya 1&% c‘xircutrlnstances, and the not raise their legal fees. A few years la(;er, O‘l;le prosecutor is seeking the death penalty, of the cases that the attorney transferred to the ) . purchasing lawyer came begore the state supreme h'{ay the attorney V;Jlugtar#y tell the innocey court on appeal. man'’s defense counsel what his client told hip, in confidence about killing the widow’s husbang) Which of the following propositions is false? (A) Yes, the attorney not only may, but he (A) The attorney’s sale of his law practice was must, tell the defense counsel what the cfj. proper. ent told him. (B) The purchaser’s covenant not to increase (B) Yes, the attorney may tell, but he would not the fees paid by the attorney’s clients was be subject to discipline if he decides not tg proper. do so. (C) The attorney must disqualify himself from © No, the attorney wouid be subject to disci- the case involving his former client. pline if he told defense counsel because the attorney-client privilege survives the death (D) The attorney may participate in the decision of the client. of the case involving his former client, provided that all of the other supreme court D) [ No, because the clie:ii’s confidential confes- justices give their informed consent. sion to the attorney would be inadmissible hearsay if offered agzinst the prosecution ia the murder trial. N R T e T T N TEVT DACE

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e university re%:}ives[ :5‘7;;50; its annua) A \ from the s[ate.. € other 55% of the_ pudge omes from private sources. The unjyer. pudget € rtered by the state constitution, and ity S Ch:ijed for all purposes as a unit of (he i is regar rnment. The governing body of the gate OV is its board of overseers, 3 group of univ_e_rsllt)]'s The chief executive officer of the 17 cml_et is the chancellor, and the chief legal gniversi y[ he general counsel. The university hqs officer ‘S(riVe d for a student body and faculty always SdiverS e in age, politics, Wwealth, race, thal arflity religion. sex, and sexual orientatjop, natloljcar a’go‘ the voters passed a ballot initia- (.)ne[%]a[ prohibits all units of the state govern- uvet including the university, from considering me:réon.s race when offering employment or :dpmission to school. The initiative prohibits oiving any state ‘fu.n'ds‘to a governmental unpjt fml violates the initiative. With reluctance, the university boa.xrd of overseers adoptec_i a aew university-wide regulaugq that requires all admissions officers and hiring committees to obey the initiative, The state supreme court sustained the constitutionality of the initiative, and the United States Supreme Court denied certiorari. An attorney is one of 15 lawyers in the university general counsel’s in-house law office. The general counse] assigned the attorney to work with the university’s admis- sions office to develop new admissions criterja that will comply with the initiative, At the outset, the attorney reminded the admissions director that she was not his lawyer, but rather the university’s lawyer. The admissions director told the attorney that despite any new admis.- face because he believed that was the right thing todo. Deep in her heart, the attorney agrees with the admissions director, Which of the following may the attorney do in fesponding to this situation? (D) Anonymous} (A) Keep the admissions director’s statement in confidence, evep if she reasonably believes that the university js likely to lose its state nding as 5 consequence. (B) Promp!ly disclose the admissions director’s Statement to the sate attorney general, who 1s the official in charge of enforcing the voter initiative, ©) Atem Pt to convince the admissions direct Or to obey the voter initiative, and if he refuses, then disclose the situation to the unversity’s general counsel. y leak the admissions direc- tor’s statement to the university’s board of overseers, GO ON TO THE NEXT PAGE

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Question 60 A prospective client comes t0 2 law office. seeking a lawyer to defend him in a civil action for aggravated assault and battery. An attorney agrees to talk preliminarily with the.chem, just to obtain enough background information to dec_lde whether she can defend him. The client explains that he has an alcohol problem; indeed, he gets roaring drunk about three nights week. On the night in question, the client said that a loud- mouthed stranger in his neighborhood tavern made a derogatory comment about the client’s favorite basketball team. The client responded by “tapping” the stranger over the head with a pool cue, not once but four times. At that point, the attorney suddenly realizes that the client must be the rotten husband in the hotly disputed divorce and child custody case in which her law partner is representing the aggrieved wife. The attorney stops the client and tells him that she cannot defend him in the assault and battery case because of her partner’s work for the client’s wife. Which of the following is true? (A) The partner must withdraw fy,, (B) © D) senting the wife because the atg Tepre, received confidential informgg, MY heg client that would be harmfyj ¢, tn fmm e used in the divorce and chjlq cus[g dchemif y case It would be proper for the ' . par[ner sent the wife and for the attorney tl: Tepre, e sent the client in the assault apg bat Pre. case because the two matters are tery substantially related. o The partner may continue represen: - . . en wife, but only if the wife gives ; ting (he ; nfor, consent, confirmed in writing, Med The partner may continue represenjy, wife if the attorney is screened off frog the participation in the case and obtajng n:)n part of the fee in the case, and if the firm promptly sends the client written Totice of the situation. 0

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