EXAM #________

Professor John Potts

Legal Profession

INSTRUCTIONS

Read these instructions very carefully.

This is a 2 hour examination.

This is a closed book exam.

You may not discuss this examination with anyone other than John Potts.

Mark your examination number, and not your name, ON THIS EXAMINATION and on any answer sheet(s) or card(s). HAND IN THE EXAMINATION and your answer sheet(s) or card(s). Do not expect leeway beyond 2 hours for handing in these materials.

Answer according to the materials assigned in connection with the course. Choose the best answer, that is, the one that comes closest to agreeing with the materials or most fully agrees with he materials. Some statements in the exam are quotations, without any indication that they are quotations, as part of the testing process.

There are 40 multiple choice questions. They are weighted equally. A wrong answer counts the same as no answer; there is no penalty for guessing wrong if you do not know an answer.

Enjoy the summer!

Questions

1. Utilitarianism judges human action by:

A. The financial cost of the action.

B. The religious efficacy of the action.

C. The result of the action.

D. The motive behind the action.

2. The Model Rules of Professional Conduct indicate that an attorney:

A. Is an officer of the legal system.

B. Should obey the law in his professional life.

C. Should obey the law in his personal life.

D. All of the above.

3. The rules of professional conduct and court cases interpreting them:

A. Are an exhaustive source of moral and ethical considerations, at least as far as the rules themselves are concerned.

B. Have remained essentially unchanged for 100 years.

C. Are uniform across the nation so as to avoid equal protection problems under our system of federalism.

D. Do not exhaust the moral and ethical considerations that should inform a lawyer.

4. A partner in a law firm is a term used:

A. To distinguish the partner in a law firm partnership from a shareholder in a law firm corporation.

B. To refer to members of a partnership and shareholders of a law firm organized as a professional corporation.

C. To indicate how long it has been since the lawyer graduated from law school.

D. To indicate whether the lawyer is financially responsible in the case of malpractice.

5. A lawyer who assists a nonlawyer in the unauthorized practice of law may have violated an unauthorized practice of law statue:

A. But has not violated any specific ethics rule.

B. Has violated a specific ethics rule.

C. May do so in order that the public is protected by the legal knowledge of at least one of the parties.

D. Two of the above, but not all three.

6. Residency requirements for a license to practice law:

A. Have recently been upheld and are becoming more common.

B. Have recently become the majority rule.

C. Are necessary to protect members of the legal profession from unfair competition.

D. Have been repeatedly struck down by the U.S. Supreme Court.

7. Lying on an application for admission to the practice of law:

A. Has never been a factor in denying the certification of good character necessary for admission to the bar.

B. Has been a factor in denying the certification of good character necessary for admission to the bar.

C. A and B.

D. Neither A or B.

8. Integrated bar is the term used in the legal profession to designate:

A. A bar that allows men and women to be admitted to the practice of law.

B. A bar that allows admission without regard to race.

C. Both A and B.

D. A bar in which membership is required as a condition for admission to the practice of law.

Background for Questions 9-10.

Attorney Veeblefeister, a sole practitioner, has been representing Mr. and Mrs. Smithers for many years. Two days ago Veeblefeister was given new work by the Smithers, involving several land sales, purchases and trades which must be completed within the next two months. Veeblefeister already has three months of work backlogged, which must be completed within the next two months. Veeblefeister has already spent significant time on this work, time that would be lost if the work were given to another attorney. Yesterday, Veeblefeister was diagnosed with a serious but treatable physical illness. It will require tests and treatments that will cause loss of two weeks of work in the next two months.

9. The rules of professional conduct specify that Veeblefeister must:

A. Withdraw from representation of the Smithers in connection with these particular transactions.

B. Refer the new Smithers work to another attorney.

C. Hire an associate to complete the Smithers work.

D. Postpone medical testing and treatment in order to fulfill responsibilities to the Smithers.

10. Regarding the option in Question 9 that is specified in the rules:

A. Veeblefeister may choose a different option without violating the rules.

B. Veeblefeister must choose the option specified in the rules or be in violation of the rules.

C. Both A and B.

D. Neither A or B.

11. The U.S. Supreme Court:

A. Has upheld the obligation of attorneys to represent indigent clients for free, on the ground that the law applies equally to everyone.

B. Has upheld the obligation of attorneys to represent indigent clients for free, on the ground that federalism requires that states be free to make this decision.

C. Has never directly considered the constitutionality of mandatory pro bono duties.

D. A and B.

12. The U.S. Supreme Court has said that:

A. In person solicitation of potential clients by attorneys is permitted under the First Amendment.

B. Solicitation letters sent by attorneys to potential clients, as opposed to in person solicitation, may not be regulated.

C. A state may prohibit the sending of solicitation letters by attorneys to victims for 30 days following an accident or disaster.

D. All of the above.

13. Under the rules:

A. A lawyer may charge a contingent fee in a criminal case, in order to encourage representation of those who need representation but are unable to pay.

B. A lawyer may charge a contingent fee in a criminal case provided that the client already has the money and will not be encouraged to commit a crime to obtain the money.

C. A lawyer may charge a contingent fee in a criminal case based on the principle of quantum meruit, but may not recover more.

D. A lawyer may not charge a contingent fee in a criminal case.

14. A serious breach of the rules of professional conduct:

A. Gives rise to civil liability on the part of the attorney to the person or persons harmed.

B. Gives rise to a criminal charge, subject to prosecutorial discretion.

C. Gives rise to discretionary sanctions to be determined by the local city bar association.

D. Gives rise to no cause of action.

15. Statutes of limitations apply in legal malpractice claims in the ordinary manner, subject to certain exceptions:

A. The statute of limitations usually does not run while the lawyer continues to represent the client in the same or a substantially related matter.

B. The statute of limitations does not start to run until the lawyer discloses the supposed malpractice to the client, or the client otherwise knows or reasonably should know of the malpractice.

C. The statute of limitations does not start to run until the alleged malpractice significantly injures the client.

D. All of the above.

16. A lawyer shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer formerly was associated had previously represented a client, unless the former client consents after consultation. This applies:

A. When the interests of the former client are materially adverse to those of the person now represented or to be represented.

B. When material protected information about the former client was acquired by the lawyer.

C. Both A and B.

D. Neither A or B.

17. A lawyer is required to:

A. Disclose to the tribunal a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client.

B. Disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.

C. Both A and B.

D. Neither A or B.

18. An attorney in possession of an object that he knows to be a murder weapon:

A. May retain it is his possession for a reasonable time to prepare a defense.

B. Must eventually turn it over to the prosecutor.

C. May expect that the prosecutor will not disclose the person from whom the murder weapon was obtained.

D. All of the above.

19. A lawyer may reveal a client's confidential information:

A. In self-defense against a claim of malpractice.

B. To obtain relief against a client who has breached a fee agreement.

C. Both A and B.

D. Neither A or B.

20. Ex parte proceedings:

A. Are never permitted.

B. Are sometimes permitted.

C. Are permitted in the discretion of the tribunal.

D. Are necessary so attorneys may discover weaknesses in the case when talking to jurors after the close of a trial.

21. Alpha and Beta are attorneys in the same firm. Alpha is preparing for a trial in which Beta will be called as a witness by the other side. As a general rule:

A. Alpha may continue the representation.

B. Alpha must withdraw from the representation.

C. Alpha must warn Beta not to make any statements adverse to the client.

D. None of the above.

22. An attorney preparing for trial interviewed potential witnesses and potential jurors at their places of residence so they would feel comfortable rather than intimidated. Which is more appropriate?

A. Commendation for upholding the bar's tradition of respect for others and proper comportment.

B. Condemnation by the judge in front of the potential jurors but not the potential witnesses.

C. Discipline under the rules of professional conduct.

D. None of the above.

23. May a lawyer for a defendant in a criminal proceeding so defend in the case as to require that every element of the case be established, including elements that the attorney knows to be true?

A. Yes.

B. No.

C. It depends on the seriousness of the charge.

D. It depends on the burdensomeness to the prosecution of having to make the proof.

24. Concerning a prosecutor and a defense attorney making statements to the jury concerning their personal belief as to the defendant's guilt or innocence:

A. The prosecutor may do so but the defense attorney may not.

B. The defense attorney may do so but the prosecutor may not.

C. Both may do so on an equal footing.

D. Neither may do so.

25. A lawyer in a criminal case is responsible for deciding what is the best deal a client is likely to get from a prosecutor, and for implementing the decision with a plea agreement. This statement is true:

A. Always.

B. Never.

C. Sometimes.

D. It depends.

26. Alpha is an attorney representing Gamma and Delta. Alpha is handling a case for Gamma in which Gamma's interests are adverse to the interests of Delta. The matter is being handled for Delta by an attorney in another law firm. After consultation, each client has consented to Alpha's representation of Gamma in the matter.

A. Nevertheless, Alpha is prohibited from representing Gamma because of the conflict of interest.

B. Alpha may represent Gamma.

C. Alpha may represent Gamma only it the attorney for Delta also consents.

D. None of the above.

27. A lawyer may make an agreement with a client prospectively limiting the lawyer's liability for malpractice:

A. Only with the consent of the client.

B. Only if the agreement is permitted by law.

C. Only if the client is independently represented in connection with the agreement.

D. Only if the agreement is permitted by law and the client is independently represented in connection with the agreement.

28. A lawyer may make an agreement with a client in settlement of the lawyer's liability for malpractice that has already occurred:

A. Only with the consent of the client.

B. Only if the client is independently represented in connection with the agreement.

C. Only if the client is getting a good deal.

D. Only if the lawyer first advises the client in writing that independent representation in the matter is appropriate.

29. In rendering advice to a client, a lawyer is to refer to:

A. The law only.

B. The law and other ethical considerations.

C. The law and economic, social and political considerations.

D. All of the above.

30. Eppy is an attorney of much renown and, if truth be know, substantial wealth, resulting from a long and successful career. Eppy plans to sell his whole law practice outright to another distinguished lawyer, and retire from representing paying clients. He plans to open a small office a few blocks away and devote part-time to representing indigent people.

A. Good for Eppy.

B. Eppy's conduct does not seem authorized by the rules of professional conduct.

C. Eppy's conduct is not addressed by the rules of professional conduct.

D. None of the above.

31. Zeppy plans to retire from the practice of law in five years. Zeppy wants to continue his high pay until retirement while cutting down on his work hours by 20 per cent. Zeppy's law partners are willing to agree but in return they want Zeppy to agree that, after retirement, he will not practice law within the city limits of the small town in which the firm is located.

A. Good for Zeppy.

B. Zeppy's conduct does not seem authorized by the rules of professional conduct.

C. Zeppy's conduct is prohibited by the rules of professional conduct.

D. None of the above.

32. Attorney Veeblefeister, who found the practice of law too taxing, has become a judge. As someone who formerly practiced in the area and is now a judge, Veeblefeister believes he is in a good position to appraise the character of attorneys he has known. A certain attorney has been accused of fraud. Veeblefeister knows this attorney well, both personally and professionally, and has offered to testify on the attorney's behalf as a character witness.

A. Veeblefeister must explain during the testimony that the attorney is a personal friend.

B. Veeblefeister must not testify because the attorney is a personal friend.

C. Veeblefeister must explain that he is testifying of his own volition, and not involuntarily due to a subpoena.

D. Veeblefeister must not testify voluntarily.

33. A judge may serve as:

A. General partner of a law firm as long as the firm does not represent clients before the judge.

B. Executor of the estate of a long-time personal friend.

C. Trustee of the endowment of a local charity.

D. None of the above.

34. Attorney Smith and Attorney Jones graduated from law school together. Smith practices corporate law but has an office across the street from the emergency room of a busy hospital. Jones is a trial lawyer specializing in automobile accident work for plaintiffs. Jones has an office near the courthouse, but far from the hospital. Smith would like to handle accident cases, but does not know litigation well enough and is too busy with business client's anyway. Smith therefore routinely refers accident victims, who often remember his office from their hospital visit, to Jones. Smith, in return, routinely accepts a referral fee from Jones of 10 percent of the recovery.

A. There is still a violation of the rules of professional conduct relating to competent handling of client matters.

B. There is a violation of the rules of professional conduct for showing favoritism to one attorney rather than spreading the work around among competent members of the bar.

C. Smith should devote time, at his own expense, to becoming a litigator.

D. Smith and Jones are both violating the rules of professional conduct.

35. Client Humphreys has approached Attorney Givens about representation in a matter of daring and adventure in which Humphreys was a great hero, saving 10 people stranded in dangerous terrain in a wilderness. The eleventh person died, and the estate is suing Humphreys. Humphreys has little money, a small house, an old car, and camping gear. He wants Givens to take the case without remuneration except that he is willing to agree that Givens may sell the story, of the rescue and the litigation, and keep any money that Givens may make by doing so. So far, no attorney has been willing to take the case for Humphreys, and he has just struck on this idea of making the case attractive.

A. Givens should report to the appropriate authorities that Humphreys has had his case turned down by too many lawyers.

B. Givens should speak to the lawyers who turned down the case about their professional responsibilities.

C. Givens should take the case as offered.

D. Givens is prohibited from taking the case as offered.

36. Attorney Givens took the case in the prior question, as offered. The family members of the deceased have hired Attorney Galandros to represent them. Givens believes it would be fair to divide up the story rights between himself and the family members. A book agent says the story might sell and could even be made into a movie. Givens has approached Galandros about this settlement offer. Each time Galandros reported back that the family is not interested in such a settlement.

A. Galandros was obligated to inform the family of the settlement offer.

B. Givens is prohibited from approaching the family in an effort to convince them to accept the offer.

C. A and B.

D. Neither A or B.

37. Attorney Galandros, from the immediately preceding question, believes he has the goods on Attorney Givens, from the immediately preceding two questions, concerning an ethical violation. He is threatening to report Givens unless Givens corrects the violation. How many ethical violations has Givens committed?

A. None.

B. One.

C. Two.

D. Three.

38. When a lawyer holds money belonging to clients in connection with representation, the lawyer should hold the money:

A. In the same account in the same bank as the lawyer's own money, to show no favoritism to safeguarding his own money more safely than that of clients.

B. In a safe bank.

C. In a bank safe.

D. Separate from the lawyer's own money.

39. When a lawyer receives money that belongs to a client, the lawyer shall:

A. Notify the client within two weeks.

B. Notify the client promptly.

C. Notify the client within 30 days

D. Notify the client on the next billing statement.

40. The rules of professional responsibility prohibit a lawyer from making:

A. False statements of a material fact when testifying as a witness.

B. False statements of material fact to a court even when not under oath.

C. False statements of law to opposing counsel.

D. All of the above.

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Answer Key

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