Legal Ethics Questions - ABA Model Rules of Professional Conduct

Question 1

Directions: Using your knowledge of the ABA Model Rules of Professional Conduct please select the best answer from the choices provided. Cite the rule upon which you have based your response. 

1. Joe has recently been admitted to the bar. Attorney Dan hires Joe as an Associate to supervise the work of Sally, the paralegal who has handled title searches in Dan’s office for the last 10 years. Joe is to review Sally’s searches for accuracy, to handle any legal questions that might arise, and to sign off in Dan’s name once the title searches are accurate.

Which of the following is true?

It is proper for Joe to assume these responsibilities because he is an attorney, and Sally is highly experienced in title searches.

It is improper for Attorney Dan to assign this role to Joe unless it will significantly lower his client’s fees for title certification.

It is improper for Joe to assume these responsibilities as he may not sign documents using Dan's name.

It is proper for Joe to assume these responsibilities because Attorney Dan is ultimately liable for the accuracy of the title searches.

Rebecca is serving as Defense Counsel to Mr. Smith, who has been indicted for burglary. During an interview, Mr. Smith told Rebecca that he had perjured himself at his grand jury indictment before consulting with her.

Under which of the following conditions would Rebecca be subject to disciplinary charges?

She continues to represent Mr. Smith.

She does not inform the authorities of the perjury.

She informs the authorities of the perjury.

She informs Mr. Smith that she will be unable to represent him.

Jim Bobb, Esq. accepted a $90,000 settlement offer on behalf of his client, Betty Lew. The payment is to be split equally by the co-defendants, Dave’s Texas Red Hots andRoot-Tootin’ Root Beer. Jim Bobb’s fee agreement entitles his firm to 30% of the settlement, or $27,000. His office receives a $45,000 check from Dave’s Texas Red Hotsand promptly deposits it into his Client Trust Account. He informs Betty Lew of receipt and deposit of the funds, and also informs her of certified confirmation from Root-Tootin’ Root Beer that their payment will be delivered within 14 days. Betty Lew demands that Jim Bobb send her the entire amount received from Dave’s, and to take his fee from the remaining funds when they arrive from Root Tootin’ Root Beer.

Of the following actions, which could Jim Bobb properly undertake?

Send Betty Lew the demanded $45,000.

Send Betty Lew $31,500 and hold $13,500 in the Client’s Trust Account

Send Betty Lew $31,500 and transfer $13,500 to his personal account.

1, only

1 and 2, but not 3

1 and 3, but not 2

1, 2 and 3

After retaining Jeremiah Jenkins as legal counsel, Bill, indicted for grand larceny, fled the state to save himself from trial and possible conviction. After investigating the facts Bill provided, and conducting exhaustive legal research, Jeremiah determines that the indictment is defective on its face, and reasonably believes that the case should be dismissed as a matter of law. Jeremiah has no idea where the client is hiding, so when Bill finally calls the office, Jeremiah informs him of his legal opinions and urges him to surrender immediately. Bill refuses to turn himself in, and instead, begs Jeremiah to tell him how to avoid being apprehended. After the conversation, Jeremiah informs the DA’s office that he is representing Bill, that he has advised Bill to go to the police, and that Bill refuses to follow his advice.

Is Jeremiah subject to discipline if he continues to represent Bill?

Yes, because Bill is engaged in continuing illegal conduct.

Yes, because Bill refused to accept Jeremiah’s advice and surrender.

No, because Jeremiah is not counseling Bill to avoid being arrested.

No, because Jeremiah reasonably believes the indictment is defective.

Brenda Backbiter hires Frank Forthright to file a defamation suit against her ex-best friend, Sally Sensitive, and to “spare no expense” in winning. After Sally’s attorney has filed the answer to the complaint, Brenda instructs Frank to have a private detective assigned to case. Frank hires “Pink Pete’s Licensed Investigative Services, Inc.” Pete is paid to strike up a conversation with Sally at a local bar without letting her know that he has been hired by Forthright’s firm. Sally consumes a large amount of alcohol, complements of Pete’s expense account, and admits that the defamatory statements were untrue and completely unfounded.

In obtaining the admission from Sally, has Frank Forthright acted unethically?

No, because he was following the instructions of his client.

No, because Pete was a licensed investigator.

Yes, because Pete took advantage of Sally while under the influence of alcohol.

Yes, because Frank instructed Pete to interview Sally.