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?
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Attorney is defending a local business, Apollo Beer Tours, i…
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 Rul…
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 dispu…
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…
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…
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 a…
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?
Under the Model Rules, a concurrent conflict of interest bet…
Under the Model Rules, a concurrent conflict of interest between two existing clients exists: I. When the two clients’ matters are substantially related; II. When the representation of one client will be directly adverse to another client; III. When there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client.
Attorney is working very late one night drafting a complicat…
Attorney is working very late one night drafting a complicated contract in a telecommunications licensing deal. Attorney is tired, stressed out, and lost about how to draft some of the contract provisions. Taking a break to get more coffee, Attorney runs into the law firm’s general counsel (GC) who is also working late. GC can sense Attorney’s obvious exhaustion and nervousness. GC asks Attorney what’s got him in so late and seeming so troubled. Attorney explains that he’s in over his head on this telecommunications matter and doesn’t want to look like an idiot by getting it wrong, but there doesn’t seem to be any clear answer. Attorney also says that he has serious impostor syndrome, perpetually second-guessing whether he is a capable lawyer or just lucky no one has detected his incompetence. The GC says she can’t help on the substantive issue because that’s way outside her expertise, but she understands imposter syndrome. She confesses that back in the day she always felt so behind all her law school peers, so she fabricated part of her bar application by inventing a fake internship and a fake journal membership for her employment record. Ever since, GC has wondered whether her entire practice is based on claims of experience she never actually had. In regard to GC’s bar admission, which of the following must Attorney do to avoid being subject to discipline?
International Food Corporation (IFC) has hired Attorney to r…
International Food Corporation (IFC) has hired Attorney to research its liability under various food quality laws around the world and advise it on how best to comply with them. IFC is one of the world’s largest corporations, with manufacturing, distribution, and sales in many countries. Attorney discovers that certain developing nations where IFC makes and sells food have few or no food quality laws; in those nations, subdivisions of the company offload lower quality food products originally intended for developed nation markets. Attorney begins explaining the social and public relations problems with using some countries as disposals for substandard food, even where the countries have no laws regulating minimum quality standards. Attorney believes that these broader issues are relevant, even where IFCs conduct is legal. As Attorney begins to explain these broader issues, the IFC in-house general counsel cuts off Attorney, saying, “just give us the legal information; we want to comply with the law. We don’t need your opinion on the rest.” Under the Model Rules, which of the following is true?