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Attorney Christa includes a clause in her standard engagement agreement that requires clients to arbitrate malpractice claims. Under the law of the attorney’s home state, arbitration clauses are generally enforceable, provided that they are clearly disclosed. In the agreement, Attorney Christa prominently states, in bold type, that arbitration means resolving disputes outside the court system, without the opportunity for a jury trial. In addition, Attorney Christa fully explains the scope and effect of the arbitration clause. However, when Attorney Christa explains the arbitration clause to her clients, she does not require the clients to be represented by independent legal counsel in agreeing to arbitration.Is Attorney Christa subject to discipline?

Adam, Brian, and Cruz had been indicted for the armed robbery of a cashier at a grocery store. Together, Adam and Brian met with an attorney and asked her to represent them. The attorney then interviewed Adam and Brian separately. Each told the attorney that the robbery had been committed by Cruz while Adam and Brian sat in Cruz’s car outside the store. They each said that Cruz had said he needed some cigarettes and that they knew nothing of his plan to rob the cashier. The attorney agreed to represent both Adam and Brian. One week before the trial, Adam told the attorney that he wanted to plea bargain and that he was prepared to testify that Brian had loaned Cruz the gun Cruz used in the robbery. Adam also said that he and Brian had shared in the proceeds of the robbery with Cruz.What is the proper course of action for the attorney to take?

Attorney Andrew agreed to represent Client Cindy in a lawsuit. Attorney Andrew and Client Cindy executed Attorney Andrew’s preprinted retainer form that provides, in part:“Client Cindy agrees to promptly pay Attorney Andrew’s fee for services. In addition, Client Cindy and Attorney Andrew agree to release each other from any and all liability arising from the representation. Client Cindy agrees that Attorney Andrew need not return Client Cindy’s file prior to receiving Client Cindy’s executed release. Upon full payment, Attorney Andrew will return the file to Client Cindy”Although Attorney Andrew recommended that Client Cindy consult independent counsel before signing the retainer agreement, Client Cindy chose not to do so. Attorney Andrew reasonably believes that his fee is fair and that the quality of his work will be competent.Is Attorney Andrew’s retainer agreement with Client Cindy proper?

Susan, a sole practitioner, recently suffered an aneurysm and was advised that she could not return to work for four months. Susan delivered all of her clients’ files to Elizabeth, an experienced lawyer in another law firm. Elizabeth agreed to review each client’s file promptly, take any action necessary to protect each client’s interests, and treat the information in the files as confidential. Susan then wrote to her clients, informing each client that the client’s file had been delivered to Elizabeth for review and for any action necessary to protect the client’s interests, and that the client was free to select another lawyer.Susan knew that Elizabeth was competent. Before accepting the client files, Elizabeth conducted a conflicts check to ensure that she did not accept the file of any person whose interests were, or could be, adverse to the interests of any of the current or former clients of Elizabeth’s law firm.Was it proper for Susan to deliver the files to Elizabeth for review?

Select the molecular formula for tin (II) fluoride  (Also called stannous fluoride) 

Attorney Yolanda performed substantial legal research to support Senior Partner Steve’s defense of a manufacturer in a price-fixing lawsuit brought by the State Attorney General. After Attorney Yolanda had completed the limited research, Senior Partner Steve removed her from the price-fixing lawsuit and assigned her to other clients’ matters. Consequently, Attorney Yolanda did not learn any material confidential information about the price-fixing lawsuit, including information about the manufacturer, any facts that were in dispute, or legal strategies.Three years later, Attorney Yolanda left that firm and took a position with the State Attorney General, where she was assigned to assist with the ongoing price-fixing lawsuit. Attorney Yolanda told Senior Partner Steve of this assignment, and a short time later, Senior Partner Steve told her that the manufacturer had given written informed consent to Attorney Yolanda’s work on the lawsuit. Without first obtaining informed consent, confirmed in writing, from the State Attorney General, Attorney Yolanda began work on the price-fixing lawsuit.Was it proper for Attorney Yolanda to work on the price-fixing lawsuit at the State Attorney General?

Donald, the owner of Desert Casino, hired Attorney Tim to represent Desert Casino’s interests during the current session of the state legislature. Donald asked Attorney Tim to testify before a legislative committee that was investigating the effect of gambling upon minors, and Attorney Tim agreed to do so. Attorney Tim obtained information from Donald about the number of minors who had been found illegally gambling in at Desert Casino during the past five years. Attorney Tim prepared written remarks and included Donald’s information in an appendix. Attorney Tim testified and answered questions about Desert Casino’s experience with youth gambling. After Attorney Tim’s appearance, but before the committee had completed its findings or proposed any new legislation, Attorney Tim discovered that Donald had dramatically underreported the number of minors found illegally gambling during the past five years. When Attorney Tim confronted Donald and urged Donald to correct the erroneous information, Donald directed Attorney Tim not to disclose the correct information to the legislative committee. Attorney Tim believed that he was constrained to follow Donald’s direction and did not correct the information he had provided to the committee.Is Attorney Tim subject to discipline?

Attorney Alwin regularly appears before Judge Taylor, a trial court judge who is running for reelection in six months. Over the past year, Attorney Alwin has noticed that Judge Taylor has become increasingly ill-tempered on the bench. Not only is Judge Taylor abrupt and critical of lawyers appearing before her, she is also rude and abusive to litigants. On more than one occasion, Judge Taylor has thrown her gavel across the courtroom in a fit of temper. Judge Taylor’s conduct on the bench is often the subject of discussion whenever a group of lawyers meets. Some lawyers are automatically filing requests for judicial substitution whenever a case in which they are to appear is assigned to Judge Taylor.Attorney Alwin discussed the matter with his law partners, who rarely make court appearances. Attorney Alwin’s law partners suggested that he, too, file a request for judicial substitution whenever one of her cases is assigned to Judge Taylor. In addition, Attorney Alwin and her law partners discussed the possibility of reporting Judge Taylor to the appropriate disciplinary authority but are concerned that this would alienate the other judges to whom their cases are assigned. Attorney Alwin has reluctantly started filing for substitution of Judge Taylor in every one of his cases to which Judge Taylor is assigned, but he has taken no further action.Is Attorney Alwin subject to discipline?

Attorney Alex represented 10 plaintiffs in a case against a railroad; the plaintiffs had been injured when a train derailed. Railroad Attorney offered Attorney Alex a $500,000 lump sum settlement for the 10 plaintiffs. Attorney Alex allocated the $500,000 among the 10 plaintiffs with the amount to be paid to each plaintiff depending on the nature and extent of that plaintiff’s injuries. Attorney Alex used a medical professional to prepare the allocations and reasonably believed that the division was fair to each plaintiff.The railroad’s offer was valid only if all the plaintiffs agreed to settle their claims. Attorney Alex told each plaintiff the total amount the railroad was prepared to pay, the amount that the individual would receive, and the basis on which that amount was calculated. Each plaintiff agreed to his or her proposed settlement and was satisfied with the amount. Attorney Alex did not inform any plaintiff of the amount to be received by any other plaintiff. Attorney Alex believed that if he revealed to each plaintiff the amount of each individual settlement, it might jeopardize the settlement.Is Attorney Alex subject to discipline for entering into this settlement?

Winona retained Attorney Anton to advise her in negotiating a separation agreement with her husband, Hank. Hank, a plumber, had decided to act on his own behalf in the matter. Attorney Anton never met or communicated with Anton during the negotiations. A few months later, Winona informed Attorney Anton that she and Hank had reached an agreement and gave the terms to Attorney Anton. Attorney Anton prepared a proposed agreement that contained all of the agreed-upon terms. Attorney Anton mailed the proposed agreement to Hank, with a cover letter stating:As you know, I represent Winona in this matter and I do not represent your interests. I enclose two copies of the separation agreement that I have drafted in accordance with Winona’s directions. Please read the agreement and, if it meets with your approval, sign both copies before a notary and return them to me. I will then have Winona sign them and will furnish you with a fully executed copy.Is Attorney Anton subject to discipline?