Question 1.1

Client believes that a city ordinance violates the state constitution and consults with Lawyer about bringing a suit to challenge the ordinance. Lawyer explains that, in a similar case ten years ago, the state Supreme Court held that the ordinance is constitutional. Client neverless wants to pursue a new challenge and asks if Lawyer will file the suit. Which of the following statements most accurately describes Gerald’s options under the Model Rules of Professional Conduct?

1. Lawyer may file the case as long as he believes that he will prevail.
2. Lawyer may not file the case because it is frivolous.
3. Lawyer may file the case only if a reasonable attorney would conclude that there is a reasonable chance that the state Supreme Court will overturn the existing precedent.
4. Lawyer may file the case as long as he has a good faith argument to reverse the existing precedent.

Question 1.2

Attorney represents Client, whose son attempted suicide after being “cyber-bullied” on FaceBook. Attorney intends to file a civil suit against the cyber-bullies to recover damages allegedly caused by their actions. No court in the jurisdiction has ever considered whether there is a civil cause of action for cyber-bullying. May Attorney file this case, consistent with her responsibilities under the Model Rules of Professional Conduct?

Question 1.3

Attorney represents Doctor, who believes that Insurance Company has been manipulating the coding of medical procedures to deny payments for covered medical procedures. Attorney concludes that there is a non-frivilous legal and factual basis for the claim, but that the chances of success are extremely low. Attorney explains this to Doctor, who replies “I don’t really care about winning, the money isn’t important to me. But I’m hoping a suit will expose the health insurance companies’ unscrupulous practices and build support for replacing private insurance with a”Medicare for All” single-payer national health insurance program.” If Attorney files the suit, is Attorney subject to discipline under the Model Rules of Professional Conduct?

Question 2.1

Attorney has a case set for trial next week. Attorney has just learned that his father is in the hospital with a serious infection. As it happens, Attorney’s client would benefit financially from a delay in the trial. Which of the following statements most accurately describes Attorney’s options under the Model Rules of Professional Conduct?

1. Attorney may not seek a continuance of the trial because his client will benefit financially from the delay.
2. Attorney may not seek to delay the trial because lawyers have an obligation to expedite litigation.
3. Attorney may seek continuance of the trial because he has a substantial purpose other than delay.
4. Attorney may seek continuance of the trial because doing so is consistent with the financial interests of the client.

Question 3.1

Attorney is preparing to file a brief in opposition to a motion for summary judgment. The suit is in North Carolina state court and the claims are governed by North Carolina law. Attorney has found an opinion from the North Carolina Supreme Court, in which the holding is directly contrary to Attorney’s arguments against summary judgment. Opposing counsel cited the case in their brief, but did not discuss it in any detail. Which of the following statements most accurately describes Justin’s options under the Model Rules of Professional Conduct?

1. Attorney need not cite the case, because opposing counsel disclosed it.
2. Attorney must cite the case, because it is directly on point.
3. Attorney must cite the case, because it is from the highest appellate court in the state.
4. Attorney must not cite the case, because it would violate Attorney’s duty of zealous advocacy for their client.

Question 3.2

Attorney represents Defendant in a criminal case. Defendant wants Attorney to call Walker as an alibi witness. Attorney does not know, but reasonably suspects, that Walker’s testimony will be false. Which of the following statements most accurately describes Attorney’s options under the Model Rules of Professional Conduct?

1. Attorney must call the witness as requested by Defendant, because Attorney does not know that the testimony will be false.
2. Attorney must withdraw from the case, because continuing to represent Defendant will require Attorney to violate the Rules of Professional Conduct.
3. Attorney has the option to call the witness or to refuse to call the witness.
4. Attorney may not call the witness, because Attorney reasonably believes that the witness’s testimony will be false.

Question 3.3

Attorney has just learned from a former client that the client lied at a court appearance in the client’s case, which concluded a month ago. Which of the following statements most accurately describes Attorney’s duties under the Model Rules of Professional Conduct?

1. Attorney must seek to have the former client correct his testimony but, if that effort fails, inform the court that the former client lied.
2. Attorney may not reveal the former client’s false testimony because to do so would violate Attorney’s duty of confidentiality.
3. Attorney must reveal the former client’s false testimony because the former client perpetrated a fraud on the court.
4. Attorney has no duty to reveal the former client’s false testimony because the proceeding is concluded.

Question 3.4

Attorney represents Client at a deposition. Client testifies to something that Attorney knows is false. What duties, if any, does Attorney have under the Model Rules of Professional Conduct?

Question 3.5

Attorney represents Plaintiff in a lawsuit. During the trial, Attorney introduced a document into evidence. After the case is submitted to the jury, but before the jury comes back with a verdict, Attorney learns that Plaintiff altered the date of the document to defeat the defendant’s argument that Plaintiff’s suit is barred by the statute of limitations. What is Attorney’s duty under the Model Rules of Professional Conduct?

Question 4.1

Attorney represents Advanced Avionics, Inc. (AAI), a corporation that has been sued for defrauding the United States Government in connection with a contract to provide certain aircraft systems to the Air Force. Attorney has just tracked down and interviewed a retired former employee of AAI and concluded that their testimony would not be helpful to AAI. The former employee is living on a pension from the company and is loyal to AAI’s interests. The former employee has nothing to gain from talking to the lawyers for the plaintiff. Attorney secures an agreement from the former employee not to speak informally with the lawyers for the plaintiff in the case. Which of the following statements most accurately describes the propriety of Attorney’s actions under the Model Rules of Professional Conduct?

1. Attorney violated the Rules by asking their client’s former employee not to talk to the plaintiff’s lawyers.
2. Attorney violated the Rules because lawyers may not ask anyone to refrain from voluntarily giving information to another party.
3. Attorney did not violate the Rules if the former employee’s interests will not be adversely affected by refraining from giving information to plaintiff’s counsel.
4. Attorney did not violate the Rules because the witness is a former employee of Attorney’s client.

Question 4.2

Attorney represents Client, who has been sued by Client’s brother for exercising undue influence over their mother when she signed her last will and testament. Client asks Attorney whether it would be all right to destroy letters he exchanged with his mother during her last years. Client explains that the letters are private and he does not want anyone to see them. Which of the following statements most accurately sets forth Attorney’s obligations under the Model Rules of Professional Conduct?

1. Attorney must not allow Client to destroy the letters if they have potential evidentiary value.
2. Attorney must first determine if the destruction of the letters would be unlawful.
3. Attorney may allow Client to destroy the letters as long as they have not been subpoenaed or requested by Client’s brother in the litigation.
4. Attorney may advise Client that he has the right to destroy the letters but Attorney must not personally participate in their destruction.

Question 5.1

Attorney represents Client in a civil case. The case has gone well, and the parties are awaiting the jury’s verdict. Attorney learns from Client that the opposing party in the case threatened a witness just before the witness testified on behalf of Client. Threatening a witness is a crime. Which of the following statements most accurately describes Attorney’s options under the Model Rules of Professional Conduct?

1. Attorney must take reasonable remedial measures including, if necessary, disclosure of the threat to the tribunal.
2. Attorney may disclose the threat to the tribunal only with the informed consent of Client because the making of the threat is information relating to the representation and thus is confidential.
3. Attorney need not disclose the threat to the tribunal because it was made by someone other than Client or Client’s agents.
4. Attorney may but need not disclose the threat to the tribunal, since the witness apparently was not affected by the threat.

Question 5.2

Attorney just lost a jury trial and suspects the verdict was tainted by juror misconduct that would provide a basis for a motion for new trial. Attorney wants to interview the jurors who served during her trial. Which of the following statements most accurately reflects Attorney’s obligations under the Model Rules of Professional Conduct?

1. Attorney may communicate with the jurors unless doing so would violate a court rule or a court order.
2. Attorney may communicate with the jurors unless the communication would involve coercion, misrepresentation, duress, or harassment.
3. Attorney may not communicate with the jurors.
4. Attorney may not communicate with a juror who has made known to the lawyer a desire not to communicate with Attorney.

Question 5.3

Attorney represents the defendant in a products liability case. During a break in the trial, Attorney and one of the jurors in the case are both riding in the same elevator. Which of the following statements most accurately describes Attorney’s obligations under the Model Rules of Professional Conduct?

1. Attorney may communicate with the juror if the conversation is limited to ordinary social pleasantries.
2. Attorney may communicate with the juror, but must report the conversation immediately to the court and the plaintiff’s counsel.
3. Attorney may communicate with the juror, unless the juror made known to the lawyer that she does not wish to communicate with Attorney.
4. Attorney may not communicate with the juror, unless the communication is authorized by law or court order.

Question 6.1

Attorney represents Defendant, who is charged with murdering Victim. Attorney held a press conference during which Attorney made the following statements:

• “Defendant is innocent and had nothing at all to do with Victim’s death.”
• “Victim’s body was discovered wrapped in a rug. Tests of Defendant’s car showed no fibers matching that rug.”

Which of the following statements most accurately describes the propriety of Attorney’s statement under the Model Rules of Professional Conduct?

1. Attorney’s statement is permitted because it is protected by the First Amendment to the United States Constitution.
2. Attorney’s statement is permitted because it is within the “safe harbor” of permitted statements by defense counsel.
3. Attorney’s statement is not permitted because it relates to a case in which Attorney represents a party.
4. Attorney’s statement is not permitted because it reveals the result of a test on physical evidence in the case.

Question 7.1

Attorney represents the plaintiff in an employment discrimination suit. Under the applicable law, a prevailing plaintiff is entitled to recover reasonable attorney’s fees as part of the remedy. Attorney is the only person who can testify from personal knowledge about the hours spent on the case and the necessity for the work. Which of the following most accurately states Attorney’s options under the Model Rules of Professional Conduct?

1. Attorney may testify about attorney’s fees and still represent the client in the litigation.
2. Attorney must withdraw from representing the client in the litigation, because Attorney is a necessary witness in the case, but another lawyer in Attorney’s firm may represent the client in the litigation.
3. Attorney must withdraw from representing the client in the litigation, because Attorney is a necessary witness in the case, and no other lawyer in Attorney’s firm may represent the client in the litigation.
4. Attorney may not testify because Attorney is representing the client in the litigation.

Question 8.1

Defendant is charged with murder. The crime scene investigation unit collected DNA samples from the crime scene and had them tested. None of the samples matched Defendant’s DNA, but did match another person who had been a suspect. Despite requests by defense counsel, Prosecutor failed to disclose the DNA test results. Is Prosecutor subject to discipline?

Question 8.2

Prosecutor plans to run for reelection in 6 months. Last year two teenage girls were kidnapped from a shopping center. The community was in an uproar and demanded a conviction. Four months ago, Defendant was arrested and charged with the kidnapping. The trial is scheduled for next week. Prosecutor met with the police chief last week and learned for the first time that, before they were interviewed, the two victims had been tape-recorded discussing the case. Reviewing the tape, Prosecutor realized that the girls’ descriptions of the kidnapper differed significantly. When officially interviewed, however, their descriptions matched perfectly. Defendant’s lawyer, who had the right to request access to the prosecution’s investigative file, failed to do so. Prosecutor reasonably believes Defendant committed the crimes and did not reveal the existence of the tape to defense counsel.

• Is Prosecutor subject to discipline?
• Is Defendant’s lawyer subject to discipline?

Question 8.3

Ada was the prosecutor in the trial of a defendant charged with robbery of a convenience store. The defendant denied any involvement, contending that he was home watching television with his mother on the night in question. During the trial, Ada called a witness who was in the convenience store during the robbery. The witness testified that he had identified Defendant in a police line-up and provided other testimony connecting Defendant to the crime. Ada also introduced into evidence a poor-quality surveillance camera recording of the robbery. The jury convicted the defendant of the robbery. Unknown to the defendant’s lawyer, the witness had first identified another person in the police lineup and selected the defendant only after encouragement by the detective conducting the lineup. Ada was aware of these facts but did not notify the defendant’s counsel, who made no pretrial discovery request to obtain this information.

Is Ada subject to discipline?

1. Yes, unless the jury could make its own identification of the defendant from the videotape.

2. Yes, because this information tended to negate the defendant’s guilt.

3. No, because the defendant’s counsel made no pretrial discovery request to obtain this information.

4. No, unless it is likely that the jury would have acquitted the defendant had it known the witness first identified someone else.

Question 8.4

Five years ago, Defendant was convicted of armed robbery in Guilford County and sentenced to imprisonment for 10 years. Two years ago, Lawyer was elected District Attorney for Guilford County. Last week, Lawyer received convincing evidence indicating that Defendant was wrongfully convicted. Lawyer was in private practice at the time of Defendant’s trial and convition and played no role in the case.

What are Lawyer’s ethical obligations?

Question 8.5

Ten years ago, Prosecutor obtained the conviction of Defendant for murder. Prosecutor has now received DNA test results that provide clear and convincing evidence that Defendant is innocent of the crime. Which of the following statements most accurately describes Prosecutor’s obligations under the Model Rules of Professional Conduct?

1. Prosecutor has no obligation to do anything about the new evidence.
2. Prosecutor must seek to remedy the conviction.
3. Prosecutor must promptly disclose the evidence to the defendant and undertake further investigation.
4. Prosecutor must promptly disclose the evidence to the court in which the conviction was obtained.