Question 1

Attorney is representing the seller of an apartment complex. The client instructs Attorney to tell the buyer’s lawyer that “the complex is easily worth $2.5 million.” In fact, the seller’s latest appraisal indicates that the property is worth substantially less than that. Which of the following statements most accurately describes Attorney’s responsibilities under the Model Rules of Professional Conduct?

1. Attorney may not make the statement because it is a false statement of material fact.
2. Attorney may make the statement because she does not owe the other lawyer a duty of candor in an out-of-court negotiation.
3. Attorney may make the statement because it is not a statement of material fact.
4. Attorney may make the statement but must disclose the appraisal.

Question 2

Attorney represents the Downtown Realty Company (DRC) in a series of property deals that are about to close. Attorney has just learned that the client fraudulently altered the inspection reports on the properties that it is selling, and upon which the buyers are relying. The client cannot be dissuaded from closing the transactions, and the buyers will suffer significant financial harm if the sales close. Which of the following statements most accurately states Attorney’s responsibilities under the Model Rules of Professional Conduct?

1. Attorney must withdraw from representing DRC and must inform the buyers of the fraud if disclosure is necessary to avoid assisting in the fraud.
2. Attorney must withdraw from representing DRC but may not inform the buyers of the fraud because that information is confidential.
3. Attorney must withdraw from representing DRC and may inform the buyers of the fraud if disclosure is necessary to avoid assisting in the fraud.
4. Attorney may withdraw from representing DRC but may not inform the buyers of the fraud because that informtion is confidential.

Question 3

Attorney represents Bluebird Paint Company. Bluebird has been sued for employment discrimination by a woman who has been using her work e-mail account to send questions about the suit to and receive answers from her attorney. Under Bluebird’s written company policy, Bluebird has the right to inspect and copy any messages sent or received on Bluebird e-mail accounts. A Bluebird executive copies the plaintiff’s messages to and from her lawyer and sends those messages to Attorney. Which of the following statements most accurately describes Attorney’s duties under the Model Rules of Professional Conduct?

1. Attorney need not notify the plaintiff’s attorney about these messages unless other law requires him to do so.
2. Attorney must notify the plaintiff’s lawyer that Attorney has possession of these messages.
3. Attorney must notify the plaintiff’s lawyer that Attorney has possession of these messages and send them to the plaintiff’s lawyer.
4. Attorney must seek to withdraw from the case because he has used means of obtaining evidence that violate the rights of the plaintiff.

Question 4

Attorney is representing a wife in a child custody dispute. Attorney receives an e-mail message from a woman who is a Facebook “friend” of the husband. The e-mail message attaches a photo copied from the husband’s Facebook account in which the husband appears to be smoking marijuana. The friend attaches another in which the husband appears to be dancing nude on a beach with several other people in a similar state of undress. Attorney can reasonably assume that if he uses these photos at the custody hearing the husband will suffer serious embarrassment and perhaps lose his job as a counselor at a parochial school. Which of the following most accurately describes Attorney’s options under the Model Rules of Professional Conduct?

1. Attorney may use the photos because he did not obtain them illegally.
2. Attorney may not use the photos because he would cause the husband embarrassment.
3. Attorney may use the photos because he has a substantial purpose other than embarrassing the husband.
4. Attorney may not use the photos unless his sole purpose in doing so is to demonstrate that his client should have custody of the children.

Question 5

Attorney is eager to resolve a claim that is pending against his client in bankruptcy. Attorney knows that the claim will not be dischargeable in bankruptcy as long as the claimant files a claim by the deadline. His opposing counsel is a young, inexperienced lawyer who knows little about the intricacies of bankruptcy law. Attorney tells this young lawyer that if she files a claim it will just be discharged under bankruptcy law. Which of the following statements most accurately describes the propriety of this statement under the Model Rules of Professional Conduct?

1. The statement is not misconduct because no reasonable lawyer would rely upon opposing counsel to accurately state the law that will apply to a dispute.
2. The statement is not misconduct because it is not a false statement of material fact,
3. The statement is misconduct because of the disparity in knowledge and experience between the two lawyers.
4. The statement is misconduct because it is a false statement of law.

Question 6

Attorney is representing a class of plaintiffs against a large corporation in a case about the alleged manufacture and distribution of a defective drug. The drug company is of course represented by counsel, and Attorney knows that. A former employee of the company contacted Attorney, who secretly met with the former employee and obtained a large number of clearly privileged communications between the company’s lawyers and senior company officials. Which of the following statements most accurately describes the propriety of Attorney’s conduct under the Model Rules of Professional Conduct?

1. Attorney committed misconduct when she had direct contact with a former constituent of a represented party and when she obtained the privileged communications.
2. Attorney did not commit misconduct when she had direct contact with a former constituent of a represented party but did commit misconduct when she obtained the privileged communications.
3. Attorney committed misconduct when she had direct contact with a former constituent of a represented party but did not commit misconduct when she obtained the privileged communications.
4. Attorney did not commit misconduct.

Question 7

Attorney is investigating a claim for a client about an accident on the property of Acme Corp. She has not filed the case yet, but she knows that Acme expects litigation and is represented by counsel in the matter. Attorney wants to speak to an employee of Acme without having to tell Acme’s lawyer about the interviews. The employee works on Acme’s loading dock and had nothing to do with the accident, except that the witness may have seen what happened when Attorney’s client fell. Which of the following statements most accurately describes Attorney’s options under the Model Rules of Professional Conduct?

1. Attorney may talk to the employee without notifying Acme’s counsel as long as she does so before filing suit.
2. Attorney may not talk to the witness without notifying Acme’s lawyer because Attorney knows that Acme is represented in the matter.
3. Attorney may talk to the witness without notifying Acme’s counsel.
4. Attorney may not talk with the witness because the witness still works for Acme.

Question 8

Attorney is representing Wife a divorce case. Although the adverse party, Husband, is represented by counsel, Attorney has received a telephone call from Husband to discuss the case with him. Which of the following statements most accurately describes Attorney’s options under the Model Rules of Professional Conduct?

1. Attorney may continue the conversation as long as he informs Husband’s counsel immediately of the contact and discloses the substance of the conversations.
2. Attorney may continue the conversation as long as he informs Husband that he represents her husband and is therefore not disinterested.
3. Attorney must terminate the conversation unless Husband gives informed consent to speaking with him.
4. Attorney must immediately terminate the conversation.

Question 9

Attorney’s client is about to have a meeting with the other party to a dispute. Attorney wants the client to secretly record the conversation for Attorney’s use in connection with the dispute. Which of the following statements most accurately describes Attorney’s obligations under the Model Rules of Professional Conduct?

1. Attorney may counsel the client to do the taping as long as doing so is legal in their jurisdiction.
2. Attorney may counsel the client to tape the conversation because Attorney is not personally participating in the taping. c.Attorney may not counsel the client to engage in the taping because she would be engaging in a criminal act that reflects adversely on her honesty and fitness as a lawyer in other respects.
3. Attorney may not counsel the client to engage in the taping because she would be engaging in conduct involving dishonesty.

Question 10

For everal years, Attorney has been assisting a client in obtaining start-up funds for a new business venture. Attorney has several deals underway with prospective investors. Attorney has just learned that the client has been perpetrating an ongoing fraud with these deals. Which of the following statements most accurately describes Attorney’s options under the Model Rules of Professional Conduct?

1. Attorney may immediately withdraw from the representation and may give notice of his withdrawal to the investors involved in the ongoing deals.
2. Attorney must immediately withdraw from the representation but may not under any circumstances give notice of his withdrawal to the investors involved in the ongoing deals.
3. Attorney may immediately withdraw from the representation but may not give notice of his withdrawal to the investors involved in the ongoing deals.
4. Attorney must immediately withdraw from the representation and may have to give notice of his withdrawal to the investors involved in the ongoing deals.

Question 11

Attorney is representing a client in a civil case involving an alleged breach of contract. A crucial issue in the case will be what the parties intended by certain provisions in their complicated contract. In discovery, Attorney has received an electronic version of the contract from her adversary’s attorney. Attorney is informed that he can access certain “meta-data” in that contract, which may include revisions and comments that were made by the opposing party (and not its counsel) during the negotiations over the contract. May Attorney take steps to access this “meta-data,” consistent with his obligations under the Model Rules of Professional Conduct?

Question 12

Attorney represents the wife in a divorce case. The husband is represented by counsel, Attorney’s client is tired of paying hefty legal bills and tired of seeing the marital estate dissipated by the similarly hefty legal bills that her husband is paying. Attorney wants to suggest to her client that the client approach the husband directly about resolving all issues by agreement. Attorney could coach her client on how to approach the husband and how best to negotiate a good deal. Is Attorney’s plan consistent with her responsibilities under the Model Rules of Professional Conduct?

Question 13

Attorney is in the midst of trying to negotiate the settlement of a civil claim with the assistance of a mediator. The mediator, who is not a judge, is conducting the settlement negotiations in a “caucus” format, and is shuttling back and forth between the parties. Ordinarily, Attorney would feel free in a negotiation to bluff about her settlement authority by telling the plaintiff’s counsel that she cannot exceed a certain payment, even if her authority is actually for a greater amount. May Attorney engage in this tactic in a caucused mediation?