Blog

Attorney Ortega has practiced exclusively personal injury plaintiff work for the past ten years. Her state bar offers certification programs in litigation and medical malpractice but not personal injury. She learns that many of her competitors have been obtaining a litigation certification and obtaining a competitive advantage in the marketplace. She attends a Personal Injury Certification Program offered by the Personal Injury Plaintiffs Attorneys Group, which is accredited by the American Bar Association (ABA). After completing the program, she begins to advertise as a Certified Personal Injury Attorney and is careful to always include the name of the certifying organization, Personal Injury Plaintiffs Attorneys Group. Is Attorney Ortega’s advertisement ethical?

Attorney Jordan is a litigator in a three-person law firm of Jordan, Pippen, and Rodman. Two years ago, his partner, Pippen, drafted and negotiated a commercial lease for a long-time client, Phil. The lease negotiations were contentious, and Pippen was the only person present (other than Phil and the landlord) during a key in-person meeting. A dispute has now arisen. Phil claims the landlord breached the lease. Landlord’s defense rests on an alleged oral waiver of a specific clause, which the landlord claims Phil made during that key meeting. Phil denies making any such waiver. Attorney Jordan has filed a lawsuit for Phil against the landlord and is preparing to act as the lead trial counsel. The landlord’s attorney has informed Attorney that they intend to call Pippen as a witness at trial to testify about what was said at the key meeting. Phil has also confirmed that Pippen’s testimony is essential to rebut the landlord’s defense, and Pippen does confirm the client’s denial. Is it proper for Attorney Jordan to act as trial counsel in this matter?

In 2025, Prosecutor Patti was elected as Hawthorne County Prosecutor. Within a month of her election, she is approached by the Exoneration Society of the local law school claiming that it has evidence that Joe Blue, a prisoner in the state prison, was wrongfully convicted. Patti reviews Joe Blue’s file and learns that he was convicted by her predecessor as Hawthorne County Prosecutor, Pete. Pete has since retired. Pete obtained a conviction of Joe Blue in 2022 for arson. Patti obtains Joe Blue’s initial prosecution file from the archives and reviews it. Patti also reviews the Exoneration Society’s evidence and agrees that it is new, credible, and material. The evidence convinces Patti that it is reasonably likely Joe Blue did not commit the crime for which he was convicted. Still, Patti is not confident enough to say that she knows Joe Blue is innocent or even that she could prove his innocence beyond a reasonable doubt. She is also wary of acting contrary to her mandate from the electorate to be tough on crime. Under the Model Rules, what is Prosecutor Patti’s obligation?  I. Disclose the evidence to the appropriate authority/court; II. Disclose the information to the defendant;  III. Undertake further investigation or cause such an investigation to be launched; IV.  Seek to remedy the conviction.

Lyra is an undergraduate student researching a possible career path as practicing lawyer. She understands the steps as: law school, bar exam, character and fitness, and ethical practice. Which entity is primarily responsible for regulating both her admission to the bar and any potential disciplinary action? 

Attorney is defending a local business, Apollo Beer Tours, in a defamation suit brought by Dominique Abra. Almost a year after the lawsuit was filed and well into discovery in the case, Attorney schedules the deposition of Ms. Abra. When they arrive at the deposition, Attorney and Ms. Abra instantly recognize each other. Attorney previously represented Ms. Abra, who was then going by her maiden name, Dominique Du. Attorney represented her in defending a fraud claim regarding the same conduct now at issue in the defamation case. Attorney accurately identifies the conflict this represents and the ongoing rule violation that would occur from continuing this representation of Apollo Beer Tours against Ms. Abra. Attorney is now drafting a motion to withdraw to submit to the court. Which of the following is true under the Model Rules?

Murphy has been accused of manslaughter. Under the Model Rules, which of the following rights are reserved for Murphy to decide? I- Whether and what to plead in the case; II- Whether to accept or recuse potential jurors during voir dire; III- Whether to call a witness to support his alibi.

Attorney represents a client in a contentious contract dispute. Late one evening, she receives an email from opposing counsel that appears to be an evaluation of the case and some proposed settlement offers and arguments. The email is addressed to the opposing party, not Attorney. What must Attorney do to comply with the Model Rules? 

Attorney is admitted to practice in Wisconsin, Indiana, and Michigan, and she maintains a permanent office and practice in Wisconsin. She represents a criminal defendant in a Michigan court regarding a burglary that took place in Kent County, Michigan. During the trial, Attorney offers evidence that she knows to be false and takes no remedial action. Which of the following best describes where Attorney is subject to discipline and what state’s ethical rules apply?

Attorney has represented Joco Corp. for ten years. Joco has never employed in-house counsel, and Attorney as a lawyer in private practice has handled all of Joco’s legal work during that time, including litigation, transactional, and labor law matters. Today, the CEO of Joco called Attorney about defending a new lawsuit brought against Joco by a former employee claiming national origin discrimination by the CEO. Which of the following accurately states Attorney’s responsibility under the Model Rules?

Attorney represented Riker in a products liability lawsuit against Corporation. Riker suffered terrible injuries that will leave him debilitated for the rest of his life as a result of a manufacturing defect in one of Corporation’s products. Attorney has repeatedly threatened to find other plaintiffs who were similarly injured like Riker and bring a very public class action lawsuit against Corporation. While it has not moved Corporation to settlement, Attorney can tell they are concerned. Riker is reluctant to talk about his injury and future debilitated life in discovery or at trial. Because he believes it is in the client’s best interest, Attorney calls Corporation’s counsel and offers that if Corporation will meet Riker’s last settlement demand, he will refrain from bringing any future claims against Corporation or disclosing any of the information obtained during discovery. Corporation’s counsel considers the offer for two days but calls back to say that Corporation declines and will take its chances at trial. Who is subject to discipline?