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Apr 3, 2024

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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

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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