CRIMINAL TRIAL PRO RES MC EXAM
QUESTIONS WITH COMPLETE
ANSWERS
Client C agreed in writing with his defense attorney A that if A is able to negotiate his
release from jail on bail, C will give him a brand new BMW. Is A subject to discipline?
A. Yes, because contingent fee is prohibited under the circumstances.
B. Yes, because he agreed to accept the car.
C. No, because the arrangement is in
writing as required by the rules.
D. No, as long as the written agreement is signed by C. - ANSWER-A. Yes, because
contingent fee is prohibited under the circumstances.
Attorney A received advanced payment from his client C of $5,000. He properly
placed it in the client trust account. Later he earned $2,000 for his work on the case
and the matter was closed. At that time, he left the country for a world tour and did
not return for 3 years. He totally forgot about that account. Upon his return 3 years
later, A wrote a check to himself for $2,000 and sent the remaining $3,000 to C.
Is A subject to discipline?
A. No, because A only took the money that he earned.
B. Yes, because A commingled funds shortly after the matter was closed.
C. No, because the payment was not in dispute.
D. No, because A lacked intent to defraud C. - ANSWER-B. Yes, because A
commingled funds shortly after the matter was closed.
Client C retained Attorney A to appeal his criminal conviction and to seek bail
pending appeal. The agreed-upon fee for the appearance on the bail hearing was
$100 per hour. A received $1,600 from C, of which $600 was a deposit to secure A's
fee and $1,000 was for bail costs in the event that bail was obtained. A maintained
two office bank accounts: a fee account, in which all fees collected from clients were
deposited and from which all office expenses were paid, and a clients' trust account.
The attorney deposited the $1,600 in the clients' trust account the week before the
bail hearing. She expended six hours of her time preparing for and appearing at the
hearing. The effort to obtain bail was unsuccessful. Dissatisfied, C immediately
demanded return of the $1,600.
What should A do with the $1,600?
a. Transfer the $1,600 to the fee account.
b. Transfer the $600 to the fee account and leave $1,000 in the clients' t - ANSWER-
d. Send C a $1,000 check and leave $600 in the clients' trust account until the matter
is resolved.
Peters & Jones law firm learned that one of its Partners P had gotten involved in a
sexual relationship with the president of its corporate Client C he was representing in
a high-profile, multi-million-dollar contract defense case. When questioned about the
affair by other partners in the firm, P showed them a signed waiver by the Chairman
of C's Board stating that the board had been advised of the relationship by the
president, it does not object and waives any possible conflict of interest.
,Is P subject to discipline despite having produced the above-described document?
A. Yes, because P did not reveal the relationship to his law partners as soon as it
began.
B. Yes, because C cannot waive such a conflict.
C. No, because both P & vice-president are adults who consented to their
relationship.
D. No, if vice-president was not vulnerable or taken advantage of by C when the
relationship began. - ANSWER-B. Yes, because C cannot waive such a conflict.
Attorney A is representing Wife in a child custody matter and just learned that
Husband has retained A's Mother M to represent him against the Wife in that same
matter.
This scenario:
A. Is permissible as long as A & M do not discuss their clients' secrets.
B. Is acceptable and rather common.
C. The mother-daughter relationship creates a significant risk that it may interfere
with each attorney's loyalty to her client and thus requires informed consent of each
client.
D. Is prohibited because of personal conflict of interest so either A or M must
withdraw from representation. - ANSWER-C. The mother-daughter relationship
creates a significant risk that it may interfere with each attorney's loyalty to her client
and thus requires informed consent of each client.
According to the Model Rules:
a. Pro bono work is mandatory.
b. Pro bono work is mandatory up to 50 hours per year.
c. Pro bono work is encouraged and the minimum recommendation is 50 hours per
year.
d. Pro bono work is encouraged and the minimum recommendation is 25 hours per
year. - ANSWER-c. Pro bono work is encouraged and the minimum recommendation
is 50 hours per year.
While representing his Client C on an attempted murder charge, Attorney A learned
that C had removed evidence from the scene of the crime 2 days after the crime was
committed.
Should A tell the prosecution that C removed evidence?
A. Yes, if that evidence is material to the case.
B. Yes, if A believes that C is the one who committed the crime.
C. No, because the evidence is prejudicial to his client.
D. No, because A's knowledge was obtained during his representation of C. -
ANSWER-D. No, because A's knowledge was obtained during his representation of
C.
Attorney A provided legal services for a poor widow who needed help drafting her
will and selling her house. They agreed upon a slightly reduced fee than what A
normally charges because he knew her nephew and just wanted to be nice. After
completing the work, A learned that the widow declared bankruptcy and will be
unable to pay his fee. A then decided to write the hours off as pro bono and submit
them to the state where he is licensed to get recognition for pro bono service.
,Under the circumstances:
a. A will receive recognition for his pro bono work because he did not get paid for the
services.
b. A will receive recognition for his pro bono work because his fees were reduced
from the very beginning.
c. A will not receive recognition for pro bono work because he initially expected to be
paid.
d. A will not receive recognition for pro bono work because he did not receive prior
approval from his state's bar associatio - ANSWER-c. A will not receive recognition
for pro bono work because he initially expected to be paid.
Attorney A is widely regarded as an exceptionally competent practitioner in the field
of criminal law. His Client C became the subject of a grand jury investigation in a
matter that could result in a felony indictment. C lacked sufficient funds to pay for A's
services beyond the grand jury stage. He asked the attorney to provide limited
representation for a flat fee. Under the arrangement he proposed, A would advise
the client concerning the grand jury investigation, but the representation would end
when an indictment was returned or the grand jury decided not to indict. A fully
advised C of the practical and legal aspects of such proposal and C agreed. Is it
proper for A to accept this limited representation?
a. Yes, because the client and not the attorney suggested this arrangement.
b. Yes, because the attorney and the client may agree to limit the scope of the
representation so long as the limitation is reasonable - ANSWER-b. Yes, because
the attorney and the client may agree to limit the scope of the representation so long
as the limitation is reasonable under the circumstances.
Judge Judy appointed Attorney A to represent a criminal defendant in a larceny
case, but A is trying to avoid that appointment. A will be able to avoid it if:
A. The case itself does not really interest him.
B. He has a very busy schedule and does not have
time to work on this case.
C. He just paid for an expensive trip overseas and feels he needs to save some cash
for future trips, so he asked the judge to excuse him due to "unreasonable financial
burden."
D. A will not be able to avoid the appointment unless he can show "good cause." -
ANSWER-D. A will not be able to avoid the appointment unless he can show "good
cause."
Attorney A agreed to participate in a local Bar Association event titled: "Get Free
Advice from Our Lawyers" where she offered to give 5 hours of her time to answer
legal questions from citizens.
Under the circumstances:
a. Attorney A formed an attorney-client relationship with each person she spoke with
during those 5 hours and has to continue helping them in the future until each matter
is resolved.
b. Attorney had a duty to check for possible conflict of interest so she should have
gotten every citizen's name and conducted a conflicts check prior to her participation
in the Bar Association event.
c. The relationship will only last for the time of their discussion at the event and will
not continue afterwards.
, d. Such events should never take place due to a lack of possibility to provide a
thorough legal advice. - ANSWER-c. The relationship will only last for the time of
their discussion at the event and will not continue afterwards.
The Smith, Harding & Jones law firm represented Client C. Attorneys A & B are
associates at that firm and they worked on the case together & charged a joint hourly
fee, which was divided between them with A getting a larger amount than B. All legal
fees were agreed upon, but neither A nor B ever asked C to agree to their fee
division in writing.
Are A& B subject to discipline?
A. Yes, because A & B failed to obtain a written agreement with C regarding their fee
division.
B. Yes, because fee division is not allowed under the Rules.
C. No, as long as A & B they divided the fee in proportion of the work done.
D. No, because A & B are in the same law firm. - ANSWER-D. No, because A & B
are in the same law firm.
Attorney A, in-house counsel for ABC Company, found out that the company's Vice-
President VP, has defrauded the company and A reasonably believes will continue
to do so thereby causing a substantial injury to the company and its shareholders. A
reported what happened to ABC Company President P, who seemed to cover for VP
and did nothing about the allegations for 3 months. Accordingly, A decided to report
fraud to authorities in order to protect ABC from future harm.
Is A subject to discipline?
A. Yes, because A did not protect his client's confidentiality.
b. Yes, because VP is a part of "control group" in the company and A should have at
least tried to warn VP before he reported him.
c. No, because he learned about a clear violation of the law and P failed to do
anything about it.
d. No, because A only represents P, not VP. - ANSWER-c. No, because he learned
about a clear violation of the law and P failed to do anything about it.
An attorney is active within a new political movement, and she has represented
several members of the movement, who faced arrest or criminal charges for
protesting and picketing. The attorney learns that police have arrested one of the
prominent leaders of the movement for trespassing on private property during a
protest, but that the movement leader is already out on bail. In response, the
attorney calls the leader and offers to represent him in his case free of charge,
explaining that she has experience representing other members of the movement in
similar cases. The leader agrees to have the attorney represent him on a pro bono
basis. The attorney wants to represent the leader because she admires him, but also
because she believes it will generate terrific publicity for the firm's practice.
Was it proper for the attorney to make this telephone solicitation?
A. Yes, because the attorney believes in the leader's ca - ANSWER-B. Yes, because
the attorney did not charge for providing these legal services.
Contingency fee is . . .
a. Allowed under all circumstances
b. Prohibited
QUESTIONS WITH COMPLETE
ANSWERS
Client C agreed in writing with his defense attorney A that if A is able to negotiate his
release from jail on bail, C will give him a brand new BMW. Is A subject to discipline?
A. Yes, because contingent fee is prohibited under the circumstances.
B. Yes, because he agreed to accept the car.
C. No, because the arrangement is in
writing as required by the rules.
D. No, as long as the written agreement is signed by C. - ANSWER-A. Yes, because
contingent fee is prohibited under the circumstances.
Attorney A received advanced payment from his client C of $5,000. He properly
placed it in the client trust account. Later he earned $2,000 for his work on the case
and the matter was closed. At that time, he left the country for a world tour and did
not return for 3 years. He totally forgot about that account. Upon his return 3 years
later, A wrote a check to himself for $2,000 and sent the remaining $3,000 to C.
Is A subject to discipline?
A. No, because A only took the money that he earned.
B. Yes, because A commingled funds shortly after the matter was closed.
C. No, because the payment was not in dispute.
D. No, because A lacked intent to defraud C. - ANSWER-B. Yes, because A
commingled funds shortly after the matter was closed.
Client C retained Attorney A to appeal his criminal conviction and to seek bail
pending appeal. The agreed-upon fee for the appearance on the bail hearing was
$100 per hour. A received $1,600 from C, of which $600 was a deposit to secure A's
fee and $1,000 was for bail costs in the event that bail was obtained. A maintained
two office bank accounts: a fee account, in which all fees collected from clients were
deposited and from which all office expenses were paid, and a clients' trust account.
The attorney deposited the $1,600 in the clients' trust account the week before the
bail hearing. She expended six hours of her time preparing for and appearing at the
hearing. The effort to obtain bail was unsuccessful. Dissatisfied, C immediately
demanded return of the $1,600.
What should A do with the $1,600?
a. Transfer the $1,600 to the fee account.
b. Transfer the $600 to the fee account and leave $1,000 in the clients' t - ANSWER-
d. Send C a $1,000 check and leave $600 in the clients' trust account until the matter
is resolved.
Peters & Jones law firm learned that one of its Partners P had gotten involved in a
sexual relationship with the president of its corporate Client C he was representing in
a high-profile, multi-million-dollar contract defense case. When questioned about the
affair by other partners in the firm, P showed them a signed waiver by the Chairman
of C's Board stating that the board had been advised of the relationship by the
president, it does not object and waives any possible conflict of interest.
,Is P subject to discipline despite having produced the above-described document?
A. Yes, because P did not reveal the relationship to his law partners as soon as it
began.
B. Yes, because C cannot waive such a conflict.
C. No, because both P & vice-president are adults who consented to their
relationship.
D. No, if vice-president was not vulnerable or taken advantage of by C when the
relationship began. - ANSWER-B. Yes, because C cannot waive such a conflict.
Attorney A is representing Wife in a child custody matter and just learned that
Husband has retained A's Mother M to represent him against the Wife in that same
matter.
This scenario:
A. Is permissible as long as A & M do not discuss their clients' secrets.
B. Is acceptable and rather common.
C. The mother-daughter relationship creates a significant risk that it may interfere
with each attorney's loyalty to her client and thus requires informed consent of each
client.
D. Is prohibited because of personal conflict of interest so either A or M must
withdraw from representation. - ANSWER-C. The mother-daughter relationship
creates a significant risk that it may interfere with each attorney's loyalty to her client
and thus requires informed consent of each client.
According to the Model Rules:
a. Pro bono work is mandatory.
b. Pro bono work is mandatory up to 50 hours per year.
c. Pro bono work is encouraged and the minimum recommendation is 50 hours per
year.
d. Pro bono work is encouraged and the minimum recommendation is 25 hours per
year. - ANSWER-c. Pro bono work is encouraged and the minimum recommendation
is 50 hours per year.
While representing his Client C on an attempted murder charge, Attorney A learned
that C had removed evidence from the scene of the crime 2 days after the crime was
committed.
Should A tell the prosecution that C removed evidence?
A. Yes, if that evidence is material to the case.
B. Yes, if A believes that C is the one who committed the crime.
C. No, because the evidence is prejudicial to his client.
D. No, because A's knowledge was obtained during his representation of C. -
ANSWER-D. No, because A's knowledge was obtained during his representation of
C.
Attorney A provided legal services for a poor widow who needed help drafting her
will and selling her house. They agreed upon a slightly reduced fee than what A
normally charges because he knew her nephew and just wanted to be nice. After
completing the work, A learned that the widow declared bankruptcy and will be
unable to pay his fee. A then decided to write the hours off as pro bono and submit
them to the state where he is licensed to get recognition for pro bono service.
,Under the circumstances:
a. A will receive recognition for his pro bono work because he did not get paid for the
services.
b. A will receive recognition for his pro bono work because his fees were reduced
from the very beginning.
c. A will not receive recognition for pro bono work because he initially expected to be
paid.
d. A will not receive recognition for pro bono work because he did not receive prior
approval from his state's bar associatio - ANSWER-c. A will not receive recognition
for pro bono work because he initially expected to be paid.
Attorney A is widely regarded as an exceptionally competent practitioner in the field
of criminal law. His Client C became the subject of a grand jury investigation in a
matter that could result in a felony indictment. C lacked sufficient funds to pay for A's
services beyond the grand jury stage. He asked the attorney to provide limited
representation for a flat fee. Under the arrangement he proposed, A would advise
the client concerning the grand jury investigation, but the representation would end
when an indictment was returned or the grand jury decided not to indict. A fully
advised C of the practical and legal aspects of such proposal and C agreed. Is it
proper for A to accept this limited representation?
a. Yes, because the client and not the attorney suggested this arrangement.
b. Yes, because the attorney and the client may agree to limit the scope of the
representation so long as the limitation is reasonable - ANSWER-b. Yes, because
the attorney and the client may agree to limit the scope of the representation so long
as the limitation is reasonable under the circumstances.
Judge Judy appointed Attorney A to represent a criminal defendant in a larceny
case, but A is trying to avoid that appointment. A will be able to avoid it if:
A. The case itself does not really interest him.
B. He has a very busy schedule and does not have
time to work on this case.
C. He just paid for an expensive trip overseas and feels he needs to save some cash
for future trips, so he asked the judge to excuse him due to "unreasonable financial
burden."
D. A will not be able to avoid the appointment unless he can show "good cause." -
ANSWER-D. A will not be able to avoid the appointment unless he can show "good
cause."
Attorney A agreed to participate in a local Bar Association event titled: "Get Free
Advice from Our Lawyers" where she offered to give 5 hours of her time to answer
legal questions from citizens.
Under the circumstances:
a. Attorney A formed an attorney-client relationship with each person she spoke with
during those 5 hours and has to continue helping them in the future until each matter
is resolved.
b. Attorney had a duty to check for possible conflict of interest so she should have
gotten every citizen's name and conducted a conflicts check prior to her participation
in the Bar Association event.
c. The relationship will only last for the time of their discussion at the event and will
not continue afterwards.
, d. Such events should never take place due to a lack of possibility to provide a
thorough legal advice. - ANSWER-c. The relationship will only last for the time of
their discussion at the event and will not continue afterwards.
The Smith, Harding & Jones law firm represented Client C. Attorneys A & B are
associates at that firm and they worked on the case together & charged a joint hourly
fee, which was divided between them with A getting a larger amount than B. All legal
fees were agreed upon, but neither A nor B ever asked C to agree to their fee
division in writing.
Are A& B subject to discipline?
A. Yes, because A & B failed to obtain a written agreement with C regarding their fee
division.
B. Yes, because fee division is not allowed under the Rules.
C. No, as long as A & B they divided the fee in proportion of the work done.
D. No, because A & B are in the same law firm. - ANSWER-D. No, because A & B
are in the same law firm.
Attorney A, in-house counsel for ABC Company, found out that the company's Vice-
President VP, has defrauded the company and A reasonably believes will continue
to do so thereby causing a substantial injury to the company and its shareholders. A
reported what happened to ABC Company President P, who seemed to cover for VP
and did nothing about the allegations for 3 months. Accordingly, A decided to report
fraud to authorities in order to protect ABC from future harm.
Is A subject to discipline?
A. Yes, because A did not protect his client's confidentiality.
b. Yes, because VP is a part of "control group" in the company and A should have at
least tried to warn VP before he reported him.
c. No, because he learned about a clear violation of the law and P failed to do
anything about it.
d. No, because A only represents P, not VP. - ANSWER-c. No, because he learned
about a clear violation of the law and P failed to do anything about it.
An attorney is active within a new political movement, and she has represented
several members of the movement, who faced arrest or criminal charges for
protesting and picketing. The attorney learns that police have arrested one of the
prominent leaders of the movement for trespassing on private property during a
protest, but that the movement leader is already out on bail. In response, the
attorney calls the leader and offers to represent him in his case free of charge,
explaining that she has experience representing other members of the movement in
similar cases. The leader agrees to have the attorney represent him on a pro bono
basis. The attorney wants to represent the leader because she admires him, but also
because she believes it will generate terrific publicity for the firm's practice.
Was it proper for the attorney to make this telephone solicitation?
A. Yes, because the attorney believes in the leader's ca - ANSWER-B. Yes, because
the attorney did not charge for providing these legal services.
Contingency fee is . . .
a. Allowed under all circumstances
b. Prohibited
