CRIMINAL TRIAL PRACTICE EXAM 2
QUESTIONS AND ANSWERS
A developer wanted to acquire land on which to build a shopping mall. The
developer contacted an attorney to represent the developer in buying the land from a
farmer. The developer authorized the attorney to deliver the farmer an offer to
purchase the land for $500,000. To prevent knowledge of the developer's plans for
the land from driving up its price, the developer instructed the attorney not to
disclose the identity of the purchaser. The attorney complied with the developer's
instructions. T - ANSWER-Correct Answer: No, because the attorney's conduct is not
considered fraudulent under the law of the applicable jurisdiction.
When a lawyer acts as a negotiator, the lawyer's omission of the existence of an
undisclosed principal is not the equivalent of an affirmative false statement of
material fact unless such nondisclosure constitutes fraud—i.e., is fraudulent under
the substantive or procedural law of the applicable jurisdiction and has a purpose to
deceive.
An attorney attended a family reunion. While the attorney was chatting with his aunt,
she mentioned that the attorney's cousin had recently broken her leg when she
slipped on the wet deck of a cruise ship. The aunt also said that the cousin planned
on filing a personal injury suit against the cruise ship and was looking for
representation.
The next day, the attorney received an email from the cousin explaining that she had
heard about the attorney's conversation with his aunt. The cousin explain -
ANSWER-Correct Answer: Yes, because the cousin told the attorney not to contact
her regarding litigation against the cruise ship.
Solicitation is prohibited if the persons being solicited have made it known to the
lawyer that they do not wish to be solicited, even if the solicitation would otherwise
be permitted.
A newly installed judge was given an expensive watch upon leaving a local law firm
at which he had practiced law for a number of years. The firm makes a similar gift
when any attorney with the same number of years with the firm retires from the
practice of law. The state has adopted an ethics rule that automatically disqualifies a
judge from hearing any case in which the judge was a member of a law firm
representing a party. The judge accepted the watch without publicly reporting the
watch as a - ANSWER-Correct Answer: Yes, because the judge is subject to the
automatic-disqualification rule.
The Code of Judicial Conduct may require a judge to publicly report a gift. However,
a judge may accept—without publicly reporting such acceptance—gifts from persons
whose appearance or interest in a proceeding before the judge would require the
judge's disqualification.
, An attorney represented a client who was charged with first-degree murder. The
client allegedly murdered his employer, who was deathly allergic to peanuts, by
putting peanut butter in a cake that the client made for the employer's birthday. The
employer unknowingly ate the cake, and he died from anaphylaxis soon thereafter.
During a deposition of the client, the prosecutor asked the client if he knew that the
employer had a peanut allergy. The client answered, "No, I did not know that my
employ - ANSWER-Correct Answer: Yes, because the duty of candor applies to
ancillary proceedings conducted pursuant to the tribunal's authority.
A lawyer's duty of candor applies before a tribunal and when the lawyer is
representing a client in an ancillary proceeding conducted pursuant to the tribunal's
authority (e.g., deposition). And when a lawyer discovers that he/she (or a client)
made a false statement of material fact, the lawyer must correct the statement with
the tribunal.
A plaintiff sued a defendant in a negligence action regarding a car accident. During
the trial, a witness for the plaintiff testified on direct examination that she had
observed the defendant running a red light, which caused the collision. The jury
returned a verdict in the plaintiff's favor.
Before the time for review on appeal had passed, the witness contacted the plaintiff's
attorney and confessed that she had falsely testified about seeing the defendant run
the red light. The witness stated - ANSWER-Correct Answer: Yes, because the time
for review on appeal has not passed.
If a lawyer learns that a witness called by the lawyer has offered false material
evidence to a tribunal, the lawyer must take reasonable remedial measures. This
duty applies until the conclusion of the proceeding—i.e., when a final judgment has
been affirmed on appeal or the time for review has passed.
A law firm that specialized in medical malpractice litigation hired a recent law school
graduate as an associate. While awaiting the results of the bar exam, the associate,
who was a licensed nurse, worked under the supervision of a partner of the firm. On
one occasion, due to the partner's illness, the partner instructed the associate to
conduct the initial interview with a former hospital patient, and the associate did so.
After listening to the former patient describe her experience in the - ANSWER-
Correct Answer: No, because the associate is not licensed to practice law.
Answer choice B is correct. While the associate engaged in the unauthorized
practice of law by meeting with the former patient and giving the potential client legal
advice regarding whether she had a viable cause of action, the associate, as
someone who was not admitted to the practice of law, is not subject to discipline
under the Model Rules. However, the associate may be subject to civil or criminal
penalties.
An attorney represented a client in an action against the client's former partner to
recover damages for breach of contract. During the representation, the client
presented the attorney with incontrovertible proof that the former partner had
committed perjury in a prior action which 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 pe -
QUESTIONS AND ANSWERS
A developer wanted to acquire land on which to build a shopping mall. The
developer contacted an attorney to represent the developer in buying the land from a
farmer. The developer authorized the attorney to deliver the farmer an offer to
purchase the land for $500,000. To prevent knowledge of the developer's plans for
the land from driving up its price, the developer instructed the attorney not to
disclose the identity of the purchaser. The attorney complied with the developer's
instructions. T - ANSWER-Correct Answer: No, because the attorney's conduct is not
considered fraudulent under the law of the applicable jurisdiction.
When a lawyer acts as a negotiator, the lawyer's omission of the existence of an
undisclosed principal is not the equivalent of an affirmative false statement of
material fact unless such nondisclosure constitutes fraud—i.e., is fraudulent under
the substantive or procedural law of the applicable jurisdiction and has a purpose to
deceive.
An attorney attended a family reunion. While the attorney was chatting with his aunt,
she mentioned that the attorney's cousin had recently broken her leg when she
slipped on the wet deck of a cruise ship. The aunt also said that the cousin planned
on filing a personal injury suit against the cruise ship and was looking for
representation.
The next day, the attorney received an email from the cousin explaining that she had
heard about the attorney's conversation with his aunt. The cousin explain -
ANSWER-Correct Answer: Yes, because the cousin told the attorney not to contact
her regarding litigation against the cruise ship.
Solicitation is prohibited if the persons being solicited have made it known to the
lawyer that they do not wish to be solicited, even if the solicitation would otherwise
be permitted.
A newly installed judge was given an expensive watch upon leaving a local law firm
at which he had practiced law for a number of years. The firm makes a similar gift
when any attorney with the same number of years with the firm retires from the
practice of law. The state has adopted an ethics rule that automatically disqualifies a
judge from hearing any case in which the judge was a member of a law firm
representing a party. The judge accepted the watch without publicly reporting the
watch as a - ANSWER-Correct Answer: Yes, because the judge is subject to the
automatic-disqualification rule.
The Code of Judicial Conduct may require a judge to publicly report a gift. However,
a judge may accept—without publicly reporting such acceptance—gifts from persons
whose appearance or interest in a proceeding before the judge would require the
judge's disqualification.
, An attorney represented a client who was charged with first-degree murder. The
client allegedly murdered his employer, who was deathly allergic to peanuts, by
putting peanut butter in a cake that the client made for the employer's birthday. The
employer unknowingly ate the cake, and he died from anaphylaxis soon thereafter.
During a deposition of the client, the prosecutor asked the client if he knew that the
employer had a peanut allergy. The client answered, "No, I did not know that my
employ - ANSWER-Correct Answer: Yes, because the duty of candor applies to
ancillary proceedings conducted pursuant to the tribunal's authority.
A lawyer's duty of candor applies before a tribunal and when the lawyer is
representing a client in an ancillary proceeding conducted pursuant to the tribunal's
authority (e.g., deposition). And when a lawyer discovers that he/she (or a client)
made a false statement of material fact, the lawyer must correct the statement with
the tribunal.
A plaintiff sued a defendant in a negligence action regarding a car accident. During
the trial, a witness for the plaintiff testified on direct examination that she had
observed the defendant running a red light, which caused the collision. The jury
returned a verdict in the plaintiff's favor.
Before the time for review on appeal had passed, the witness contacted the plaintiff's
attorney and confessed that she had falsely testified about seeing the defendant run
the red light. The witness stated - ANSWER-Correct Answer: Yes, because the time
for review on appeal has not passed.
If a lawyer learns that a witness called by the lawyer has offered false material
evidence to a tribunal, the lawyer must take reasonable remedial measures. This
duty applies until the conclusion of the proceeding—i.e., when a final judgment has
been affirmed on appeal or the time for review has passed.
A law firm that specialized in medical malpractice litigation hired a recent law school
graduate as an associate. While awaiting the results of the bar exam, the associate,
who was a licensed nurse, worked under the supervision of a partner of the firm. On
one occasion, due to the partner's illness, the partner instructed the associate to
conduct the initial interview with a former hospital patient, and the associate did so.
After listening to the former patient describe her experience in the - ANSWER-
Correct Answer: No, because the associate is not licensed to practice law.
Answer choice B is correct. While the associate engaged in the unauthorized
practice of law by meeting with the former patient and giving the potential client legal
advice regarding whether she had a viable cause of action, the associate, as
someone who was not admitted to the practice of law, is not subject to discipline
under the Model Rules. However, the associate may be subject to civil or criminal
penalties.
An attorney represented a client in an action against the client's former partner to
recover damages for breach of contract. During the representation, the client
presented the attorney with incontrovertible proof that the former partner had
committed perjury in a prior action which 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 pe -
