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S t u d e n t _P
r a c t i c e _Q u e s t
i o n s
Group I
1. Under which of the following conditions may a lawyer, representing
a client at trial, act as a witness on the behalf of his client?
a. never.
b. the testimony relates to an uncontested issue.
c. to defend himself and quality of his work.
d. his disqualification would yield an undue hardship upon
the client.
e. b,c,and d.
2. A lawyer brings a claim for damages on behalf of her client
(P) who claims to have been assaulted by another person (D).
One day prior to trial she (the lawyer) finds out from P that
P had not been assaulted. What are her duties as an officer of
the court?
a. she has no duty to the court, only to her client.
b. she must zealously pursue her client's interest in winning
the case.
c. she must disclose the conversation to D's attorney.
d. she must not disclose the conversation as it is privileged.
e. Rule 3.3 entitled Candor Toward the Tribunal requires her
to take remedial action, namely disclosing adverse facts because
they will enable the court to make an informed decision.
3. Lawyer (L) represents Corporation (C) whose sole shareholder
is (S). S wishes to "run the business into the ground"
and sell it off taking as much value as is possible out of the
business. L has never represented
S in any capacity, and has a duty only to C. Does L have a duty
to stop S from the destruction of C (as a separate "person")
being as S's intention is clearly adverse to C's interests?
Group II
1. According to Rule 1.6: Confidentiality of Information,
a lawyer may reveal information relating to the representation
of his client to the extent the lawyer reasonably believes necessary:
A. to comply with court laws or orders.
B. to prevent reasonably certain death or substantial bodily
harm.
C. to bolster the client's case.
D. A & C.
E. A & B.
2. Judge Harris is a member of the Admissions Committee at
Harvard Law School. As an alum, he actively participates in recruiting
and weighing applicants and their admission to the law school.
While at Harvard for the committee meetings, he frequents the
Good Old Boys Club, which is a country club at the University
that is solely made up of male graduates of the Law School. According
to these facts, is Judge Harris in violation of Cannon 2 of the
Model Code of Judicial Conduct involving the avoidance of impropriety
by judges?
A. No, the judge will not let these social relationships influence
his decisions on the bench.
B. No, the judge is not breaking any laws and is acting with
impartiality and integrity in his actions in the Committee and
the Club.
C. Yes, if the Country Club would come under fire by the law,
the judge may have to testify as a character witness, which he
would gladly do.
D. Yes, a judge may not be a member of an organization in
which he knows practices invidious discrimination or gives even
the appearance of impropriety.
Group III
The following facts apply in the next three questions.
A second-year student working for firm A finds a job with
firm B after graduation. After beginning research on one of her
first assigned cases the new associate realizes she has substantial
knowledge of the opposing party's information from last year's
work at firm A.
1. Is the associate in violation of any rules should she use
this knowledge to benefit firm B's client?
a. Yes because Rule 8.4 disallows conduct involving fraud,
deceit or misrepresentation.
b. No because Rule 1.6 only holds lawyers to maintain confidentiality
of information and the associate was a mere law student when
she gained the information in question.
c. Yes because Rule 1.9 requires a former client's informed
consent, confirmed in writing when that client's former lawyer
is representing another.
d. No because Rule 5.3 requires supervisory lawyers to assure
that non-lawyer employees adhere to the rules of professional
conduct.
2. The associate tells her supervisory attorney at firm B
that she has knowledge of this case from firm A. Does the associate
need to withdraw from the case?
a. No because the associate gained the information while a
student and is therefore not subject to the rules of confidentiality
and conflict of interest.
b. No as long as the associate is properly screened as per
Rule 1.9 (c).
c. Yes because representation will result in violation of
rules because associate has knowledge of the case from firm A.
d. No because Rule 5.1 makes supervisory attorneys in law
firms responsible for the action of their subordinates.
3. After talking to the supervisory partner, the partner tells
the associate to remain on the case because firm A will never
know. Does the associate have an obligation to follow this direction?
a. Yes, Rule 5.2(b) states that "A subordinate lawyer
does not violate the Rules of Professional Conduct if that lawyer
acts in accordance with a supervisory lawyer's reasonable resolution
of an arguable question of professional duty."
b. No, Rule 8.3 requires the associate to report the supervisor's
misconduct.
c. Yes, Rule 1.2 requires an attorney "to abide by a
client's decisions concerning the objectives of representation."
d. No, there is no obligation to follow the first direction,
but the associate must consult another partner.
Group IV
1. Prior to becoming a lawyer, A worked in the same office
as B and was acquainted with B on a friendly basis. A had witnessed
instances of sexual harassment perpetrated on B by management,
tried to complain "through proper channels", and then
quit, disgusted with the lack of concern and the general treatment
of B and B's gender as a whole. Other witnesses to these events
were few to none.
Years later, A becomes an attorney, and among work for other
clients performs some simple legal work for B's employer. One
day, A receives a call from B regarding a claim for sexual harassment
against B's employer. B wants A to take the case, due to the
fact that A may have to act as a witness. B has fallen on hard
times though, and one of B's friends, who has no interest in
the legal ramifications of this case other than the outcome,
will be happily paying for the representation.
Can A take the case?
a) No, because a conflict of interest exists between A and
B's employer.
b) No, because A can't reveal his knowledge due to the fact
that it is now information that would be considered confidential.
c) Yes, because disqualification of the lawyer would create
substantial hardship for B's case.
d) Yes, so long as A doesn't accept legal payment from B's
friend, but works out a payment plan with A for future payment.
2. Lawyer A serves on a three-person arbitration board for union/employer
arbitration claims. Employee B comes before the arbitration panel,
and the case is dismissed without prejudice. A has had contact
with XYZ Co., B's employer, in the paste, and is sympathetic
to XYZ Co.'s plight. XYZ Co. knows this, and asks A to represent
XYZ Co. in court, because XYZ Co. plans to litigate the matter.
Can A represent XYZ Co.?
a) No, because A has served as a third-party neutral in essentially
the same matter and is disqualified.
b) Yes, so long as A does not represent any of XYZ Co.'s directors,
officers, employees, members, or other constituents.
c) No, because there is a conflict of interest between A and
XYZ Co.
d) Yes, because A was part of a multimember arbitration panel.
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