An attorney was the majority shareholder of an incorporated collection agency. The
attorney authorized the agency's manager,
who is not a member of the bar, to write collection letters to agency debtors on the
attorney's law firm's letterhead, and to sign
them in the attorney's name. These letters contain a statement that the matter has
been referred to the attorney and that a lawsuit will
be filed if payment is not received within thirty days. Per the attorney's instruction, the
manager only sends out letters in
circumstances where the manager in good faith believes a collection dispute exists. If
any debtors call seeking legal advice, the manager passes along the calls to the
attorney.
Is the attorney subject to discipline?
(A) Yes, because the letter uses the threat of litigation as a form of extortion.
(B) Yes, because the attorney is assisting the agency in engaging in the unauthorized
practice of law.
(C) No, because the threat of a legitimate lawsuit is not improper.
(D) No, because the manager is acting in good faith as the attorney's authorized
agent.
Give this one a try later!
, (B) Yes, because the attorney is assisting the agency in engaging in the
unauthorized practice of law. [Rule 8.4 (see Comment 1]
An attorney represented a client in an action against the client's former business
partner to recover damages for breach of contract. During the representation, the
client presented the attorney with incontrovertible proof that the partner had
committed perjury in a prior action that was resolved in the partner's favor. Neither
the attorney nor the client was involved in any way in the prior action. The attorney
believes that it would be detrimental to the client's best interests to reveal the perjury
because implications might be drawn from the former close personal and business
relationship between the client and the partner.
Is it proper for the attorney to disclose the perjury to the tribunal?
(A) No, because the attorney believes that the disclosure would be detrimental to the
client's best interests.
(B) No, because neither the client nor the attorney was involved in the prior action.
(C) Yes, because the attorney has knowledge that the partner perpetrated a fraud on
the tribunal.
(D) Yes, because the information is unprivileged.
Give this one a try later!
(A) No, because the attorney believes that the disclosure would be
detrimental to the client's best interests.
A woman visits an attorney whom she hires to bring a breach of contract action on
her behalf. The client tells the attorney that she originally retained another lawyer
about a year ago, but that as far as she knew he had not even filed the papers.
According to the client, the other lawyer never returned her calls, and when she went
to his office to find out the status of her case, he was drunk and verbally abusive. The
client told her friends and family about the other lawyer's treatment of her, and when
her brother fared
, no better in getting information from him, he suggested that she contact another
attorney. The client advises the attorney that because the other lawyer did not return
her calls, she had sent a
certified letter to him notifying him that he was discharged. The attorney knew that
there was only a one-year statute of limitations on this type of action, so she quickly
checked the dates and
discovered that she had only a few days to file the action. The attorney called the
other lawyer to get the information from the client's file. The other lawyer did not
recall the letter of discharge and was surprised to get the attorney's call. He was,
however, very cooperative and agreed to send a messenger to the attorney's office
with the client's file. The other lawyer tells the attorney that he feels terrible about the
situation, that his wife has been seriously ill, and that as a result he has not been
himself. He asks the attorney to apologize to the client on his behalf, but asks the
attorney to please keep this conversation "between the two of us." He says that with
his wife's illness, he cannot afford to lose any other clients. The attorney filed the
papers in her client's suit on time, and did not report the other lawyer to the
disciplinary authorities.
Were the attorney's actions proper?
(A) Yes, because she is an attorney, and the other lawyer asked her to keep the matter
confidential.
(B) Yes because it is the client's decision whether to report the other lawyer to the
disciplinary authorities.
(C) No, because the other lawyer's actions indicate that he is not currently fit to
practice law.
(D) No, because she did not urge her client to report the other lawyer to the
appropriate authorities.
Give this one a try later!
(C) No, because the other lawyer's actions indicate that he is not currently
fit to practice law. [Rule 8.3{a)]
An attorney has experienced several instances in which clients failed to pay their fees
in a timely manner when it was too late in the representation to withdraw without
prejudicing the clients. To avoid a recurrence of this situation, the attorney has drafted
attorney authorized the agency's manager,
who is not a member of the bar, to write collection letters to agency debtors on the
attorney's law firm's letterhead, and to sign
them in the attorney's name. These letters contain a statement that the matter has
been referred to the attorney and that a lawsuit will
be filed if payment is not received within thirty days. Per the attorney's instruction, the
manager only sends out letters in
circumstances where the manager in good faith believes a collection dispute exists. If
any debtors call seeking legal advice, the manager passes along the calls to the
attorney.
Is the attorney subject to discipline?
(A) Yes, because the letter uses the threat of litigation as a form of extortion.
(B) Yes, because the attorney is assisting the agency in engaging in the unauthorized
practice of law.
(C) No, because the threat of a legitimate lawsuit is not improper.
(D) No, because the manager is acting in good faith as the attorney's authorized
agent.
Give this one a try later!
, (B) Yes, because the attorney is assisting the agency in engaging in the
unauthorized practice of law. [Rule 8.4 (see Comment 1]
An attorney represented a client in an action against the client's former business
partner to recover damages for breach of contract. During the representation, the
client presented the attorney with incontrovertible proof that the partner had
committed perjury in a prior action that was resolved in the partner's favor. Neither
the attorney nor the client was involved in any way in the prior action. The attorney
believes that it would be detrimental to the client's best interests to reveal the perjury
because implications might be drawn from the former close personal and business
relationship between the client and the partner.
Is it proper for the attorney to disclose the perjury to the tribunal?
(A) No, because the attorney believes that the disclosure would be detrimental to the
client's best interests.
(B) No, because neither the client nor the attorney was involved in the prior action.
(C) Yes, because the attorney has knowledge that the partner perpetrated a fraud on
the tribunal.
(D) Yes, because the information is unprivileged.
Give this one a try later!
(A) No, because the attorney believes that the disclosure would be
detrimental to the client's best interests.
A woman visits an attorney whom she hires to bring a breach of contract action on
her behalf. The client tells the attorney that she originally retained another lawyer
about a year ago, but that as far as she knew he had not even filed the papers.
According to the client, the other lawyer never returned her calls, and when she went
to his office to find out the status of her case, he was drunk and verbally abusive. The
client told her friends and family about the other lawyer's treatment of her, and when
her brother fared
, no better in getting information from him, he suggested that she contact another
attorney. The client advises the attorney that because the other lawyer did not return
her calls, she had sent a
certified letter to him notifying him that he was discharged. The attorney knew that
there was only a one-year statute of limitations on this type of action, so she quickly
checked the dates and
discovered that she had only a few days to file the action. The attorney called the
other lawyer to get the information from the client's file. The other lawyer did not
recall the letter of discharge and was surprised to get the attorney's call. He was,
however, very cooperative and agreed to send a messenger to the attorney's office
with the client's file. The other lawyer tells the attorney that he feels terrible about the
situation, that his wife has been seriously ill, and that as a result he has not been
himself. He asks the attorney to apologize to the client on his behalf, but asks the
attorney to please keep this conversation "between the two of us." He says that with
his wife's illness, he cannot afford to lose any other clients. The attorney filed the
papers in her client's suit on time, and did not report the other lawyer to the
disciplinary authorities.
Were the attorney's actions proper?
(A) Yes, because she is an attorney, and the other lawyer asked her to keep the matter
confidential.
(B) Yes because it is the client's decision whether to report the other lawyer to the
disciplinary authorities.
(C) No, because the other lawyer's actions indicate that he is not currently fit to
practice law.
(D) No, because she did not urge her client to report the other lawyer to the
appropriate authorities.
Give this one a try later!
(C) No, because the other lawyer's actions indicate that he is not currently
fit to practice law. [Rule 8.3{a)]
An attorney has experienced several instances in which clients failed to pay their fees
in a timely manner when it was too late in the representation to withdraw without
prejudicing the clients. To avoid a recurrence of this situation, the attorney has drafted
