For which action would a lawyer be subject to discipline?
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A client instructs the lawyer to take a course of action that seems to
constitute money laundering, although the client does not seem aware of
this. The lawyer says no, and when the client asks why not, the lawyer
refuses to discuss the matter further and tells the client to get another
attorney.
Explanation:
A) is wrong. A lawyer must not advise a client to engage in conduct that the
lawyer knows is criminal or fraudulent, or assist the client in such conduct.
However, the lawyer may discuss the legal consequences of any proposed
course of conduct. So, the lawyer here wouldn't be subject to discipline for
giving information about the sentencing guidelines for different crimes.
(B) is wrong. A lawyer may also counsel or assist a client to make a good
faith effort to determine the validity, scope, meaning, or application of the
law. One way to do this is by violating a statute to test its validity or scope
in an enforcement proceeding. Thus, the lawyer here wouldn't be subject to
discipline for telling the client that one way to get legal standing is to
, disobey the statute.
(C) is correct. If the client expects the lawyer to do something that is illegal
or unethical, the lawyer must consult with the client and explain why he
can't do what the client wants. The lawyer should have explained that the
action amounted to money laundering and he was unable to assist the
client in criminal or fraudulent conduct.
QUESTION ID: MPRE_LQ_24_1
Attorney Selin suspects that Phil, her supervisor, is stealing from clients because he
suddenly purchased several luxury items and seems "off." Selin does not report this to
a disciplinary authority.
Is Selin subject to discipline?
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No
Explanation:
A lawyer who knows that another lawyer has violated the rules of
professional conduct in such a way that it raises a substantial question as to
that lawyer's honesty, trustworthiness, or fitness as a lawyer must report the
violation to the appropriate professional authority. "Knowledge" means
actual knowledge, and although knowledge can be inferred from the
circumstances, it has to be more than mere suspicion. Stealing from clients
would raise a substantial question about Phil, but because Selin only
suspects that Phil is stealing, there is no mandatory duty to report.
A court orders Joe to disclose what Joe believes to be a privileged communication
with his client. The client wants the information to remain private.
What should Joe do next?
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Assert the attorney-client privilege
Explanation
A lawyer may reveal a client's confidential information to the extent that he's
required to do so by law or court order. However, absent informed consent
of the client to do otherwise, the lawyer should assert on behalf of the
client all nonfrivolous claims that the order isn't authorized by other law or
that the information sought is protected against disclosure by the attorney-
client privilege or other applicable law.
Alison e-mails her lawyer, Bill, about a sensitive matter. Alison then forwards the e-
mail to a friend.
The e-mail is protected by:
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Bill's duty of confidentiality only.
Explanation:
By forwarding the e-mail to a third party, Allison waived her attorney-client
privilege. However, the ethical duty of confidentiality applies to information
relating to the representation even if some third parties know about it.
Caroline receives a phone call from Lacey, a prospective client who wants to talk
about a pending case. Lacey tells Caroline that she is already represented by an
attorney in the case, but she is thinking of firing him. Caroline and Lacey have a brief
consultation.
Is Caroline subject to discipline?
Give this one a try later!
Give this one a try later!
A client instructs the lawyer to take a course of action that seems to
constitute money laundering, although the client does not seem aware of
this. The lawyer says no, and when the client asks why not, the lawyer
refuses to discuss the matter further and tells the client to get another
attorney.
Explanation:
A) is wrong. A lawyer must not advise a client to engage in conduct that the
lawyer knows is criminal or fraudulent, or assist the client in such conduct.
However, the lawyer may discuss the legal consequences of any proposed
course of conduct. So, the lawyer here wouldn't be subject to discipline for
giving information about the sentencing guidelines for different crimes.
(B) is wrong. A lawyer may also counsel or assist a client to make a good
faith effort to determine the validity, scope, meaning, or application of the
law. One way to do this is by violating a statute to test its validity or scope
in an enforcement proceeding. Thus, the lawyer here wouldn't be subject to
discipline for telling the client that one way to get legal standing is to
, disobey the statute.
(C) is correct. If the client expects the lawyer to do something that is illegal
or unethical, the lawyer must consult with the client and explain why he
can't do what the client wants. The lawyer should have explained that the
action amounted to money laundering and he was unable to assist the
client in criminal or fraudulent conduct.
QUESTION ID: MPRE_LQ_24_1
Attorney Selin suspects that Phil, her supervisor, is stealing from clients because he
suddenly purchased several luxury items and seems "off." Selin does not report this to
a disciplinary authority.
Is Selin subject to discipline?
Give this one a try later!
No
Explanation:
A lawyer who knows that another lawyer has violated the rules of
professional conduct in such a way that it raises a substantial question as to
that lawyer's honesty, trustworthiness, or fitness as a lawyer must report the
violation to the appropriate professional authority. "Knowledge" means
actual knowledge, and although knowledge can be inferred from the
circumstances, it has to be more than mere suspicion. Stealing from clients
would raise a substantial question about Phil, but because Selin only
suspects that Phil is stealing, there is no mandatory duty to report.
A court orders Joe to disclose what Joe believes to be a privileged communication
with his client. The client wants the information to remain private.
What should Joe do next?
, Give this one a try later!
Assert the attorney-client privilege
Explanation
A lawyer may reveal a client's confidential information to the extent that he's
required to do so by law or court order. However, absent informed consent
of the client to do otherwise, the lawyer should assert on behalf of the
client all nonfrivolous claims that the order isn't authorized by other law or
that the information sought is protected against disclosure by the attorney-
client privilege or other applicable law.
Alison e-mails her lawyer, Bill, about a sensitive matter. Alison then forwards the e-
mail to a friend.
The e-mail is protected by:
Give this one a try later!
Bill's duty of confidentiality only.
Explanation:
By forwarding the e-mail to a third party, Allison waived her attorney-client
privilege. However, the ethical duty of confidentiality applies to information
relating to the representation even if some third parties know about it.
Caroline receives a phone call from Lacey, a prospective client who wants to talk
about a pending case. Lacey tells Caroline that she is already represented by an
attorney in the case, but she is thinking of firing him. Caroline and Lacey have a brief
consultation.
Is Caroline subject to discipline?
Give this one a try later!
