Questions and CORRECT Answers
During his final year of college, Henry got excellent grades and achieved a very high LSAT
score. However, during that year, he had two car accidents, ran up $11,500 in credit card debt,
and was fired from his part-time restaurant job after he inexplicably failed to show up for work
for ten days. Henry was then evaluated and diagnosed by a psychiatrist, who concluded that
Henry suffered from bipolar disorder. This condition, if untreated, can cause extreme shifts in
mood, energy, and ability to function. Henry's doctor explained that what he went through during
his senior year was a manic period. The doctor prescribed medication. Ever since, Henry has
been taking his medication as prescribed. Henry's doctor considers his illness "well-managed,"
and has told Henry that it would not affect his ability
to practice law. Henry started law school three months after he finished college. Now he has
completed law school, grad - CORRECT ANSWER - D. Henry must disclose the diagnosis
and provide detailed information about it.
Josh, a third year law student, is planning to apply for admission to the bar. He just looked at the
questionnaire of the National Conference of Bar Examiners, which he will have to submit. It
asks:
Have you ever been dropped, suspended, warned, placed on scholastic or disciplinary probation
expelled, requested to resign, or allowed to resign in lieu of discipline from any college or
University (including law school), or otherwise subjected to discipline by any institution or
requested or advised by any institution to discontinue your studies there?
Four years ago, a residential advisor found alcoholic beverages in Josh's dormitory room in
violation of college rules. At a meeting with a dean, Josh agreed to be put on probation for one
semester, during which he would be allowed to take classes as usual. If he made it through the
semester without any more infractions, the incident would be expunged from his record. He -
CORRECT ANSWER - B. Yes, because Josh was placed on disciplinary probation by his
college, so the question calls for disclosure of the incident, and includes no exemption for
"expunged" offenses.
Leta graduated from law school one year ago and is applying for admission to the bar. While in
law school, Leta accumulated $150,000 of debt from law school loans and credit card expenses
related to her wedding. Upon graduation, Leta turned down a high-paying
job at a prestigious law firm, choosing instead to work for $12 per hour at a public interest
organization that represents indigent people in consumer and bankruptcy cases. She plans a
career in consumer credit and bankruptcy law. She hopes that her work at the organization will
,eventually lead to a full-time public service job. Accordingly, she has not been able to begin
paying off her debt. One credit card company has obtained a judgment against her
for $7.000. The state bar has denied her application for admission to the bar because it finds that
her conduct with respect to her finances indicates that she is not fit to practice law. Is the state
bar's positio - CORRECT ANSWER - B. Yes, because a court could conclude that her
conduct with respect to her personal finances indicates that she is not fit to practice law.
Which one of the following statements is correct?
A. Congress and the state legislatures may not adopt binding rules of conduct for lawyers.
B. The American Bar Association is the principal regulator of lawyers in the United States.
C. State and federal courts adopt ethical rules that govern lawyers admitted to practice before
them.
D. State supreme courts have the exclusive authority to regulate the lawyers who practice in each
state. - CORRECT ANSWER - C. State and federal courts adopt ethical rules that govern
lawyers admitted to practice before them.
Which of these bodies sometimes exercise functions that are delegated or authorized by
governmental institutions?
A. State bar associations.
B. The Section of Legal Education and Admissions to the Bar of the American Bar Association.
C. Both A and B.
D. The American Law Institute. - CORRECT ANSWER - C. Both A and B
Membership in a state bar association is required for a person who is being licensed to practice
law:
A. By some states.
B. By no state.
C. By every state, unless the person is a member of a bar association in another state.
D. By every state, even if the person is member of a bar association in another state. -
CORRECT ANSWER - A. By some states.
,Parnik, a licensed attorney and state prosecutor, was arrested for stalking his ex-girlfriend. Parnik
did follow his girlfriend on numerous occasions, spied on her through the windows of her house,
and called her repeatedly after she had asked him not to do so. Nevertheless, a jury acquitted
Parnik of the charges. Is Parnik subject to discipline for stalking his ex-girlfriend if the bar
disciplinary authorities determine that he committed a criminal act that
reflects adversely on his fitness to practice law?
A. Yes, because a lawyer who commits a criminal act can be disciplined for it whether or not the
lawyer was convicted of a crime.
B. Yes, because Parnik is a prosecutor, so he has a special responsibility beyond that of other
lawyers to show respect for the law and the legal system.
C. No, because the stalking occurred in Parniks private life and was not related to the practice of
law.
D. No, because he was acqui - CORRECT ANSWER - A. Yes, because a lawyer who
commits a criminal act can be disciplined for it whether or not the lawyer was convicted of a
crime.
Attorneys Carrie and Paige are partners in a small firm. Paige supervises the work of the firm's
two associates. Over the last few years, Carrie has noticed that Paige has been intoxicated during
the workday. In the last few months, Carrie has been smelling alcohol
on Paige's breath during the workday at least two or three days a week. Paige continues to meet
with clients and work on cases, but Carrie believes Paige's work is suffering as a result of her
drinking. In the past two weeks, she has received calls from three of Paige's clients complaining
that Paige either failed to show up for a meeting or failed to return a call. Last Tuesday, she
found Paige passed out on the couch in her office at 11 am. There was vomit all over a client file
that was on the floor near her head. Today she learned that a case that Paige was handling, to
recover damages for a woman who was badly injured in an accident, was postponed for -
CORRECT ANSWER - B. Yes, because Paige's alcohol consumption suggests that she is ill
and needs medical care, but her conduct also raises a substantial question about her fitness to
practice law in her current state.
Grace is an associate in a law firm. Her firm bills clients by the hour. When she began working
for the firm, she signed a statement in which she agreed to abide by firm policy. The firm policy
stated in part: "All misconduct shall be reported promptly to the managing partner and shall not
be revealed to anyone else in the firm or outside the firm.? Grace discovers that Arthur, the
partner who supervises her work, always alters her time sheets by multiplying
, the number of hours she reported working by 1.2, thereby claiming to the clients that she spent
20 percent more time on each project than she actually spent, and billing the clients accordingly.
Grace reports the misconduct to the managing partner, who tells her that she
need not concern herself with the conduct of her superiors. He takes no action. Would Grace be
subject to discipline if she failed to report Arthur's conduct to the disciplinary authorities?
A. Y - CORRECT ANSWER - B. Yes, because Arthur's conduct involves a violation of the
rules that raises a substantial question as to his honesty.
Zarah is a partner at a law firm. She supervises the work of a junior associate, Charlie. They are
representing Whitney in her divorce proceedings. The divorce involves a heated battle over the
custody of the daughter of Whitney and her husband, Cody. Zarah asks Whitney whether she
knows the password for her husband's e mall. Whitney gives it to her. Then Zarah gives the
password to Charlie and instructs him to copy all the emails in cody's account and read them to
see whether cody is having an affair. charlie objects. zarah says that this invesitgative work could
win the case for Whitney and threatens to fire Charlie if he does not comply. charlie complies.
they learn that cody really is having an affair and whitney wins custody. when cody discovers
what happened he files a disciplinary complaint against zarah and charlie. assuming charlie's
surreptitious review of cody's email is unlawful and a rule violation, whic - CORRECT
ANSWER - C. Both Charlie and Zarah are subject to discipline.
Carson is admitted to practice only in state A. State A has adopted Rule 8.4 of the Model Rules
of Professional Conduct. Carson commits a minor fraud in state B against a citizen of state B,
and is prosecuted for this misdemeanor offense and punished in state B. Is Carson
subject to discipline in state A?
A. Yes, because Carson's conduct would violate state A's ethics code, regardless of where the
conduct occurs.
B. Yes, because Carson was convicted of the misdemeanor offense in a court of law.
C. No, because Carson's conduct did not occur in state A and has no impact on the citizens of
state A.
D. No, because the matter has been criminally prosecuted in state B, so a disciplinary proceeding
would impose double jeopardy on Carson. - CORRECT ANSWER - A. Yes, because Carson's
conduct would violate state A's ethics code, regardless of where the conduct occurs.
Eloise is a law professor in state B who maintains active licenses to practice law in states A and
B. She has not practiced law in some time and does not plan to practice law in the near future.
Eloise wrote and published a law review article in state B criticizing the criminal justice system