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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 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 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 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?

Attorney has recently opened her own solo practice, focusing on representing underserved individuals in minor criminal, landlord-tenant, and simple civil matters. These clients cannot afford to pay much and Attorney would like to offer her services at a little below market rates to help them get at least some representation. To make that work, she will need to do a high volume of cases. Because these clients will either use her services or go without representation, she would like to have them disclaim malpractice claims in advance. While reviewing a sample contract online, she comes across a provision stating that the client waives any right to sue for malpractice. Thinking this could provide her with added protection and allow her to serve a broader range of clients, Attorney considers adding a similar clause to her own retainer agreement. Would including this clause be ethical under the Model Rules?  

Attorney has been hired by client Uther Industries, Inc., which seeks to file suit against a former employee for violation of a covenant not to compete. Uther would also like to file a lawsuit against the competing company, Mordred, Inc., that hired the former employee and several other employees. Attorney can locate no cause of action in the governing state law that would provide relief for Uther’s claim. Attorney’s research does reveal that other states have a claim that would cover this circumstance called “tortious interference with a business relationship.” Attorney intends to argue that the state’s general tort cause of action should provide relief to parties like Uther who are harmed in the manner alleged. Attorney believes that his state should also adopt the “tortious interference with a business relationship” cause of action, but he does not believe he will prevail given the current makeup of his state’s trial and appellate courts. Attorney notifies the client who, despite the low chance of success, would like to proceed with filing. Attorney files a complaint in the appropriate trial court alleging a tort claim against Mordred that pleads all the relevant elements of a tort claim in Attorney’s state and all the elements that would satisfy a “tortious interference with a business relationship” claim in other states. Mordred files an Answer but also submits a bar complaint against Attorney for filing a frivolous action. Has Attorney violated the Model Rules?

Attorney maintains a client trust account for the purpose of holding client funds and a separate firm account for his law practice operational funds. Attorney runs a high-volume, minimally profitable solo law firm, so his client trust account is often several times larger than his operational account. It is also a highly-sophisticated account with a single master account and separate sub-account for each client, and sub-sub-account for each client matter. The bank charges a monthly maintenance fee of $50 per month. Each month, Attorney transfers $50 from his operating account to cover the maintenance fees. After a while, Attorney begins to find this inconvenient, and he transfers $10,000 from his operating account to the trust account to cover the fees for the next several years. Is Attorney subject to discipline under the Model Rules?

Attorney represents Stan, the defendant in a covenant not to compete matter brought by his former employer, Fire Week Festival (FWF). During the representation, Stan confides in Attorney that he has given FWF a taste of its own medicine by filing numerous complaints with the Federal Trade Commission falsely claiming that FWF’s publications include obscenity and seditious material. Attorney is troubled by this and, in order to prevent substantial financial injury to the FWF that Stan’s acts would cause, Attorney discloses Stan’s actions to the attorney for FWF. Is Attorney subject to discipline?

Attorney is a general practitioner in private practice. She is also fundamentally opposed to the legalization of gambling. She believes that gambling is immoral, attracts crime, and is corrosive to communities. When she is approached by a pro-gambling legalization lobbying group, On a Roll, about representing them, she tries to keep an open mind and conducts a full intake interview with the On a Roll representative. She obtains significant relevant information regarding On a Roll, its litigation opponents, and its legislative lobbying strategy. Ultimately, Attorney decides that she must decline the representation because her beliefs would materially limit her representation. Because this representation is so potentially profitable, Attorney is considering referring the representation of On a Roll to her law firm partner. Which of the following is true under the Model Rules?

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