answers 100% correct 2025/2026
Attorney gives talks to local groups about estate planning. He is careful not to provide legal advice to
individuals during the seminars, but provides only general legal information. He distributes a brochure
to individuals at the talk with helpful information about estate planning, including worksheets and a
glossary of estate planning terminology. The brochures have his name and phone number on the back
and a coupon for $50 off the first office visit. Attorney says nothing to the people attending the meeting
about his services or the coupon. Is attorney subject to discipline?
AYes, because he has engaged in improper solicitation.
BYes, because coupons are not a proper method of advertising legal services.
CNo, because Attorney does not provide advice to individuals at the seminars.
DNo, because Attorney did not individually solicit any client. - correct answer ✔A
Ana is outside counsel for Refcon Corporation, a securities trading firm. Ana is asked by the Chief
Financial Officer of Refcon to prepare papers for a "round-trip loan transaction" that is designed to hide
a large, unrecoverable debt of the company by a paper transaction conducted just before a reporting
period. That transaction will then be "un-wound" just after the reporting period. Ana believes that this
transaction is fraudulent and refuses to participate. A few weeks later, Ana learns that the CFO retained
a different outside counsel to complete the round-trip loan transaction. Is Ana's refusal to participate
sufficient under the Model Rules of Professional Conduct?
No, because a lawyer must report the misconduct "up the ladder" in the corporate structure
No, because a lawyer must report the misconduct to the authorities
Yes, because to do anything more would risk disclosure of confidential client information - correct
answer ✔A
Before State Supreme Court Justice JB took his present position, he was the elected Attorney General of
the state. As Attorney General, he participated personally and substantially in writing Attorney General's
Opinion 179, which takes the position that the state's current procedure for administering lethal
,injections in capital cases does not violate the state or federal constitutions. May Justice JB participate
when his court decides a condemned man's challenge to the lethal injection procedure under the cruel
and unusual punishment clauses of the state and federal constitutions? [See ABA Model Code of Judicial
Conduct Rule 2.11(A)(6)(b).]
Yes
No - correct answer ✔No
Judge JA presided and served as trier-of-fact in PL v. DF. The critical issue was whether a particular stop
sign was obscured from DF's line of sight by the trunk of an ancient oak tree. Unfortunately, neither
counsel offered satisfactory evidence on that issue. Before the trial ended, JA asked her law clerk to
drive out to the intersection in question, stop half a block southeast, and determine whether he could
see the stop sign despite the oak tree. The clerk reported that the sign was clearly visible, and JA
decided the case accordingly. Were JA's actions proper? [See ABA Model Code of Judicial Conduct Rule
2.9(C) and Rule 2.12(A).]
Yes
No - correct answer ✔No
An attorney represented the wife in an acrimonious divorce proceeding involving issues of property
division and child custody. After one day of trial, the husband, through his lawyer, made a settlement
offer. The proposed settlement required that the wife's attorney agree not to represent the wife in any
subsequent proceeding, brought by either party, to modify or enforce the provisions of the decree. The
wife wanted to accept the offer, and her attorney reasonably believed that it was in the wife's best
interest to do so because the settlement offer was better than any potential award to the wife resulting
from the case going to judgment. Consequently, the attorney recommended to the wife that she accept
the offer.
Was it proper for the wife's attorney to recommend that the wife accept the settlement offer?
No, because the attorney did not obtain the wife's informed consent to the conflict of interest created
by th - correct answer ✔B
, Crescent Corp., the world's richest oil company, made a hostile tender offer for shares of USA Petro, the
largest U.S. producer of crude oil. The Antitrust Division of the U.S. Department of Justice sued Crescent,
alleging that the tender offer was part of a plan to monopolize the global oil business. While the
government's motion for a preliminary injunction was pending before a federal district judge, United
States Supreme Court Justice JM appeared on television for an interview about the architecture of the
beautiful white marble building that houses the Court. The interviewer surprised him with a pointed
question about the preliminary injunction motion in the Crescent antitrust case, and Justice JM blurted
out the following response: "No federal judge could be dumb enough to deny a preliminary injunction in
that case." May a judge make such a comment in a public forum? [See ABA Model Code of Judicial
Conduct Rule - correct answer ✔No
Justice JU is serving her third term as an elected State Appellate Court Justice. She lives with her aged
parents, who are both in the mid-stages of Alzheimer's Disease. They require full-time, watchful care,
and thus far they have vigorously resisted JU's efforts to obtain outside help or to place them in an
appropriate care facility. Justice JU attempts to do her reading, legal research, and opinion writing at
home, but she finds it hard to concentrate, and she is frequently unavailable to come to the court for
conferences and oral arguments. Will Justice JU be subject to discipline if she does not either resign or
make other arrangements for the care of her parents? [See ABA Model Code of Judicial Conduct Rule
2.1.]
Yes
No - correct answer ✔Yes
Trial judge JO lives with and has an intimate relationship with his domestic partner DP, who is a news
anchor for a local television station. DP has a married sister whose husband is the sole owner and
operator of a dry-cleaning shop. The State Environmental Protection Agency has sued the husband to
enjoin him from pouring toxic dry-cleaning chemicals down the storm sewer behind his shop. If the case
is assigned to JO, would it be proper for him not to disqualify himself? [See ABA Model Code of Judicial
Conduct 2.11(A)(2)(a) and (c).]
Yes
No - correct answer ✔No