QUESTIONS AND CORRECT ANSWERS
(VERIFIED ANSWERS); AGRADE
Yes, because an applicant must rectify statements now known to be false even if the statement was not
knowingly false when made. - ANS-An applicant filled out an application for admission to the bar. One of
the questions on the application asked whether the applicant had ever been accused of academic
dishonesty, regardless of the disposition of the incident. The applicant, not remembering any such
incident, answered no. A week later, the applicant remembered an incident in college in which she had
been accused of plagiarism, but the matter was quickly resolved with a finding that the applicant had
committed no misconduct.
Must the applicant amend her response on the application to include the incident?
Yes, because the attorney should have deposited the fee into her trust account once the client disputed
the payment. - ANS-A client hired an attorney to represent her in a criminal case for a $20,000 flat fee.
The attorney deposited the entire fee into her operating account. The attorney did substantial work on
the case. The attorney reviewed the state's disclosure, appeared at the arraignment and preliminary
hearing, and filed several substantive motions. However, before the case was resolved through a trial or
plea agreement, the client discharged the attorney and obtained alternative representation. The client
then requested that the attorney return the unearned portion of the fee. The attorney refused, telling
the client that the entire fee was earned upon receipt and would not be refunded.
Under the Model Rules of Professional Conduct, is the attorney subject to discipline?
Yes, because the attorney commingled trust-account funds and personal funds. - ANS-An attorney
represented a seller in a business transaction. The attorney negotiated the sale of the seller's business
to a buyer. The buyer sent the attorney a check, made out to the seller. The attorney promptly called
the seller and told him that he could pick up the check. The seller told the attorney that he was out of
the country on business for several weeks and to hold the money for him until he returned. The
attorney did not have a client trust account set up, so he initially held the check in a safe-deposit box.
After several days, the attorney heard a credible report that the buyer was in financial distress. The