4131
An attorney represented a client who the attorney reasonably believed had a severe
mental disorder affecting her ability to make rational personal and business decisions.
Rather than consulting a physician or other mental healthcare professional about how
to deal with his client, the attorney sought the advice of another attorney, who
specialized in representing other attorneys in malpractice actions, about his
professional obligations to his client. During his discussions with the other attorney,
the attorney disclosed information that the client had revealed to him. Was the
attorney's disclosure of information learned from his client proper?
Answers:
Give this one a try later!
Yes, because the lawyer may disclose this information to obtain advice
regarding his professional obligations.
,3744
A toy manufacturer was sued by the parent of a child injured by one of its products.
As the manufacturer's attorney was preparing to respond to a discovery request from
the plaintiff, the attorney found a document that was very damaging to his client's
case. Prior to complying with the discovery request and turning over the document,
the attorney called his opposing counsel and offered to settle the case. The attorney
stated that although he believed his client was very likely to win a summary judgment
motion, they would settle the case for a modest amount to save the costs of litigation.
In fact, the attorney believed his client had no chance of winning a summary judgment
motion and was also likely to lose at trial based on the document he had found. The
opposing counsel declined the attorney's offer. The attorney turned over the
document, and the case proceeded to trial, where judgment was awarded to th
Give this one a try later!
Yes, because the attorney's statement did not constitute a statement of
fact.
2655
An attorney successfully represented a plaintiff in a personal injury action to recover
damages incurred by the plaintiff. The defendant paid the amount of the judgment by
check to the attorney. After the verdict, but before the attorney received the check,
the client's health insurance company contacted the attorney. The company asserted
that, by contract with the client, the company had a right to be reimbursed for
payments it made pursuant to the insurance policy to medical care providers who
treated the client for injuries received as a consequence of the accident. The amount
for which the company sought reimbursement was approximately 25 percent of the
amount of the verdict. The attorney discussed the company's claim with her client,
who insisted that the attorney pay the full amount of the settlement less the amount
due to the attorney to the client. Aware that, under her contract with the client, she
Give this one a try later!
, Yes, because the attorney failed to pay the funds that were not in dispute
to the client.
4119
A business owner retained an attorney to represent him in a suit against a former
employee. The business owner specifically instructed the attorney not to agree to a
delay in starting the trial. The former employee's lawyer, unaware of this instruction,
approached the business owner's attorney about delaying the start of the trial.
Despite his client's contrary instruction, the attorney agreed to the delay. Is the
attorney's agreement to the delay enforceable?
Answers:
Give this one a try later!
Yes, because the attorney had apparent authority to agree to the delay.
3754
A prominent local attorney decided to run for the position of city judge. The
candidate had been active in a bar association for a number of years and chaired a
committee of the bar association. At a meeting of the committee, the vice-chair
announced that the candidate was running for office and that the members of the
committee should show their support by donating generously. The vice-chair
collected checks from the members of the committee and gave them to the
candidate. The candidate did not know that the vice-chair planned to make such an
announcement but was grateful for the contributions. Shortly thereafter, the
candidate formed a campaign committee to manage the contributions to her
campaign, and she turned the contributions over to the committee. State law does
not address the contribution of funds to the campaigns for judicial office. Did the
candidate's actions subject her to discipline?
Give this one a try later!
, Yes, because a candidate for elective judicial office may not personally
solicit or accept campaign funds.
4144
An attorney represented the defendant in an aggravated assault action. While the
client was in jail, he was attacked by another inmate and received a concussion. The
attorney had his client immediately evaluated by a physician to ensure that the
concussion did not impact the defendant's ability to recount the events of the assault.
Hours before the client was to testify, the physician called the attorney to tell him that
the concussion did not cause any memory problems but that a secondary psychiatric
opinion noted that the defendant did have a personality disorder. The psychiatrist
noted that the disorder would not affect the client's decision-making process or ability
to recount events, but it should be treated with intensive, in-patient therapy as soon
as possible to improve quality of life. The attorney believed that the trial would end in
the next day or two if they proceeded, and because he had a tria
Give this one a try later!
Yes, because the attorney withheld the information to serve his own
interests.
2653
After retirement, a former government attorney represented various clients on a pro
bono basis, including an immigrant from a foreign country who sought to change her
immigration status from visitor to resident alien. As part of the process, the immigrant
had to return to her country of origin. Fearful of being unable to return to the United
States due to the machinations of her husband, who continued to live in the foreign
country, the immigrant illegally sought a United States passport, which she could use
to reenter this country should a problem develop. The immigrant obtained a birth
certificate from a friend who was born in the United States. The attorney
accompanied the immigrant to apply for a passport and signed an affidavit as an
identifying witness that the immigrant was, in fact, the friend. It is a crime to knowingly
and willfully make a false statement in a passport application or supporting docume
An attorney represented a client who the attorney reasonably believed had a severe
mental disorder affecting her ability to make rational personal and business decisions.
Rather than consulting a physician or other mental healthcare professional about how
to deal with his client, the attorney sought the advice of another attorney, who
specialized in representing other attorneys in malpractice actions, about his
professional obligations to his client. During his discussions with the other attorney,
the attorney disclosed information that the client had revealed to him. Was the
attorney's disclosure of information learned from his client proper?
Answers:
Give this one a try later!
Yes, because the lawyer may disclose this information to obtain advice
regarding his professional obligations.
,3744
A toy manufacturer was sued by the parent of a child injured by one of its products.
As the manufacturer's attorney was preparing to respond to a discovery request from
the plaintiff, the attorney found a document that was very damaging to his client's
case. Prior to complying with the discovery request and turning over the document,
the attorney called his opposing counsel and offered to settle the case. The attorney
stated that although he believed his client was very likely to win a summary judgment
motion, they would settle the case for a modest amount to save the costs of litigation.
In fact, the attorney believed his client had no chance of winning a summary judgment
motion and was also likely to lose at trial based on the document he had found. The
opposing counsel declined the attorney's offer. The attorney turned over the
document, and the case proceeded to trial, where judgment was awarded to th
Give this one a try later!
Yes, because the attorney's statement did not constitute a statement of
fact.
2655
An attorney successfully represented a plaintiff in a personal injury action to recover
damages incurred by the plaintiff. The defendant paid the amount of the judgment by
check to the attorney. After the verdict, but before the attorney received the check,
the client's health insurance company contacted the attorney. The company asserted
that, by contract with the client, the company had a right to be reimbursed for
payments it made pursuant to the insurance policy to medical care providers who
treated the client for injuries received as a consequence of the accident. The amount
for which the company sought reimbursement was approximately 25 percent of the
amount of the verdict. The attorney discussed the company's claim with her client,
who insisted that the attorney pay the full amount of the settlement less the amount
due to the attorney to the client. Aware that, under her contract with the client, she
Give this one a try later!
, Yes, because the attorney failed to pay the funds that were not in dispute
to the client.
4119
A business owner retained an attorney to represent him in a suit against a former
employee. The business owner specifically instructed the attorney not to agree to a
delay in starting the trial. The former employee's lawyer, unaware of this instruction,
approached the business owner's attorney about delaying the start of the trial.
Despite his client's contrary instruction, the attorney agreed to the delay. Is the
attorney's agreement to the delay enforceable?
Answers:
Give this one a try later!
Yes, because the attorney had apparent authority to agree to the delay.
3754
A prominent local attorney decided to run for the position of city judge. The
candidate had been active in a bar association for a number of years and chaired a
committee of the bar association. At a meeting of the committee, the vice-chair
announced that the candidate was running for office and that the members of the
committee should show their support by donating generously. The vice-chair
collected checks from the members of the committee and gave them to the
candidate. The candidate did not know that the vice-chair planned to make such an
announcement but was grateful for the contributions. Shortly thereafter, the
candidate formed a campaign committee to manage the contributions to her
campaign, and she turned the contributions over to the committee. State law does
not address the contribution of funds to the campaigns for judicial office. Did the
candidate's actions subject her to discipline?
Give this one a try later!
, Yes, because a candidate for elective judicial office may not personally
solicit or accept campaign funds.
4144
An attorney represented the defendant in an aggravated assault action. While the
client was in jail, he was attacked by another inmate and received a concussion. The
attorney had his client immediately evaluated by a physician to ensure that the
concussion did not impact the defendant's ability to recount the events of the assault.
Hours before the client was to testify, the physician called the attorney to tell him that
the concussion did not cause any memory problems but that a secondary psychiatric
opinion noted that the defendant did have a personality disorder. The psychiatrist
noted that the disorder would not affect the client's decision-making process or ability
to recount events, but it should be treated with intensive, in-patient therapy as soon
as possible to improve quality of life. The attorney believed that the trial would end in
the next day or two if they proceeded, and because he had a tria
Give this one a try later!
Yes, because the attorney withheld the information to serve his own
interests.
2653
After retirement, a former government attorney represented various clients on a pro
bono basis, including an immigrant from a foreign country who sought to change her
immigration status from visitor to resident alien. As part of the process, the immigrant
had to return to her country of origin. Fearful of being unable to return to the United
States due to the machinations of her husband, who continued to live in the foreign
country, the immigrant illegally sought a United States passport, which she could use
to reenter this country should a problem develop. The immigrant obtained a birth
certificate from a friend who was born in the United States. The attorney
accompanied the immigrant to apply for a passport and signed an affidavit as an
identifying witness that the immigrant was, in fact, the friend. It is a crime to knowingly
and willfully make a false statement in a passport application or supporting docume
