28.  Dan is a disbarred attorney who starts a service assist…

28.  Dan is a disbarred attorney who starts a service assisting bankruptcy clients in selecting and filling out bankruptcy forms with the court. Each client signs a disclaimer acknowledging that “This office is a document preparation and typing service only.” A licensed attorney’s office is in the same office suite as Dan’s office. The licensed attorney pays Dan a referral fee of 10% of the fees collected from each client that Dan refers to the attorney’s office.  Is the licensed attorney’s conduct proper?

12. Lawyer assigned paralegal Pat to search through the mass…

12. Lawyer assigned paralegal Pat to search through the massive business files of Lawyer’s client to find documents responsive to a federal court order for production of documents. After several months of work, Pat ended up with 170 large boxes full of documents that were responsive to the court order. Most of the documents were harmless, but a few were quite damaging to the legal position taken by Lawyer’s client. Instead of arranging the documents in the same logical order in which she found them in the client’s files, Pat intentionally jumbled the order of the documents. Her purpose was to make it exceedingly difficult, if not impossible, for the adversary to find the damaging documents and to understand their significance. Before the documents were produced for the adversary, Pat told Lawyer what she had done. Lawyer responded: “Good—that ought to slow them down. In the future, however, don’t do anything like that without checking with me first; we might get in trouble otherwise.” Which of the following statements are correct?I. Since document production requires the skill and judgment of a lawyer, Lawyer is subject to discipline for delegating the task to Pat, even if he had adequately supervised her work. II. Lawyer’s conduct was proper since he admonished Pat and instructed her not to engage in similar conduct in the future. III. Assuming that all responsive documents were produced, Lawyer’s conduct was proper, since the adversary has no right to insist that the documents be arranged in any particular order. IV. Even if all responsive documents were produced, Lawyer is subject to discipline because he failed to take steps to mitigate the consequences of Pat’s misconduct.

9.Stefanie is represented by Jamie Lawyer in her divorce aga…

9.Stefanie is represented by Jamie Lawyer in her divorce against Robert.  Stefanie asks Jamie how the divorce will impact the $1,000,000 in bonds that she received from her Bat Mitzvah.  The information regarding Stefanie’s Bat Mitzvah bonds is protected under which of the following:  I. Attorney-Client Privilege  II. Duty To Maintain Client Confidences  III. Attorney Work Product

16.  Attorney Able, a personal injury attorney with no exper…

16.  Attorney Able, a personal injury attorney with no experience in commercial matters, makes an oral agreement with Carl Client to prepare a complicated contract for a fee of $500 per hour.  The customary fee for similar work by local lawyers experienced in commercial matters is $350.  Attorney Able spends four hours on the contract, but sends an invoice for $2,500. Which of the following subjects Attorney Able to discipline?  I. He failed to reduce the fee arrangement to writing. II. His fee is greater than the customary local hourly fee for more experienced lawyers. III. His invoice exceeded the fee agreed upon. IV. As a lawyer inexperienced in commercial matters, he should have agreed to a fee of less than $350 per hour.

32. Essay 2 (1/3 of Exam Grade) – Answer according to both t…

32. Essay 2 (1/3 of Exam Grade) – Answer according to both the American Bar Association Model Rules of Professional Conduct and California authorities Pete is a partner at Law Firm, a firm with multiple offices across the United States.  One of Law Firm’s clients is Running Desk Corp., a company that manufactures office desks with a built-in treadmill for people who desire a more active and healthy lifestyle.  Law Firm reviews Running Desk Corp.’s purchase orders and agreements with component manufacturers.  Pete purchased one of these treadmill desks for his office.  One day, while running on his treadmill, Pete fell when he tried to take a closer look at his computer monitor on the desk component.  As a result of the fall, Pete sustained severe orthopedic injuries. Hank, a partner in Law Firm’s east coast office, has been asked to represent Running Desk Corp. in a lawsuit filed by attorney Abe.  Abe has filed a class action on behalf of all people who sustained orthopedic injuries after purchasing Running Desk Corp.’s treadmill desk.  Hank files an answer to the complaint before running the request through Law Firm’s conflicts manager.  Class action notices were sent to all potential class members, but Pete has not responded whether he will join the class yet.  Abe also represents Cam as a plaintiff in a case arising out of an automobile accident, where Cam sustained severe injuries which required amputation of both legs above the knee, and both arms right below the elbow.  The defendant in Cam’s case made an offer to settle in the amount of $100,000.  Since the class action against Running Desk Corp. will be expensive to litigate, Cam accepts the offer to settle.  Abe then calls Cam to tell him that his case resolved and to sign the settlement agreement. Please discuss whether Pete, Hank, and/or Abe would be subject to discipline. 

Question Nos. 19 and 20 are based on the following facts: He…

Question Nos. 19 and 20 are based on the following facts: Helen has been practicing law for two years.  Helen represents Pat in her first medical malpractice case against Dr. Euphoria.  She spends almost no time preparing the case, and her research and trial work fall far below the standard of care for lawyers in her area.  The jury finds against Pat, i.e., defense verdict in favor of Dr. Euphoria.  Pat subsequently files a complaint against Helen with the State Bar, and also sues Helen for legal malpractice. 20. In Pat’s legal malpractice suit against Helen, Helen refuses to answer questions about confidential communications with Pat during the suit against Dr. Euphoria.  Helen’s refusal is: