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Question 1
Scarface, your client and the defendant in a drug-related murder trial, is worried that everyone in the community knows him and hates his guts. He demands that you investigate the background of a prospective juror on his case whom he suspects is biased against him. In response, you hire an investigator to research the background of this juror. Are you subject to discipline?
Correct Lawyers are entitled to conduct an investigation into the backgrounds of prospective jurors, to make sure the juror could not be disqualified for factors such as bias. The investigations must not be 'vexatious or harassing' and must not involve direct contact with the juror. Therefore, choice (a) is the correct answer. Choice (b) and choice (c) are not correct statements of the law.
Incorrect! Lawyers are entitled to conduct an investigation into the backgrounds of prospective jurors, to make sure the juror could not be disqualified for factors such as bias. The investigations must not be 'vexatious or harassing' and must not involve direct contact with the juror. Therefore, choice (a) is the correct answer. Choice (b) and choice (c) are not correct statements of the law.
Correct
Incorrect!
Correct
Incorrect!
Question 2
You represent Tony Montana in a murder trial that lasts for three and a half months. During the course of the trial, one of the jurors suffers a tough cold. It's not bad enough for the juror to miss a day of court, but it makes it obviously difficult for the juror to get through what is generally a long and boring day in court. You're a great guy, and want to show your appreciation for the juror's efforts in light of the special difficulties she's encountered. So with Tony's permission, you send a box of tissues and some sweet lozenges along with a long-stemmed rose to the juror's home. Are you subject to discipline?
Correct Communication with a juror by a lawyer for one of the parties is absolutely forbidden during a trial. See Model Rule 3.5. There is a concern that lawyers will exercise an improper influence over the trial process. Sending such gifts to a juror certainly constitutes impermissible contact, making choice (a) correct. Choice (b) is incorrect because it discounts the seriousness of the no-contact rule. Choice (c) is incorrect because communication in general is forbidden; you are not exonerated simply because you did not personally contact the juror.
Incorrect! Communication with a juror by a lawyer for one of the parties is absolutely forbidden during a trial. See Model Rule 3.5. There is a concern that lawyers will exercise an improper influence over the trial process. Sending such gifts to a juror certainly constitutes impermissible contact, making choice (a) correct. Choice (b) is incorrect because it discounts the seriousness of the no-contact rule. Choice (c) is incorrect because communication in general is forbidden; you are not exonerated simply because you did not personally contact the juror.
Correct
Incorrect!
Correct
Incorrect!
Question 3
You are an attorney hanging out with an old high school buddy, Jackson Padlock. Jackson is a juror on a case having to do with a felony murder that occurred during the robbery of a Brinks truck. Jackson has an enquiring mind and wants to learn from his experience on the jury. He asks you some questions about evidentiary law, based on some things he noticed about the evidence the prosecution presented at the trial. You, fresh out of law school, provide him with a rather detailed lecture on the law from bits and pieces that you remember from studying for the bar exam. Are you subject to discipline?
Correct A lawyer may not communicate with a juror about the subject of a trial while the juror is sitting through a trial, even if the lawyer has no connection with the case. The concern is that a lawyer will exercise improper influence over the outcome of the trial. Therefore, choice (a) is correct. Choice (b) is incorrect because it is irrelevant that you are not connected with the case at bar. Choice (c) is incorrect because a lack of knowledge about the rules will not protect a lawyer who violates the rules.
Incorrect! A lawyer may not communicate with a juror about the subject of a trial while the juror is sitting through a trial, even if the lawyer has no connection with the case. The concern is that a lawyer will exercise improper influence over the outcome of the trial. Therefore, choice (a) is correct. Choice (b) is incorrect because it is irrelevant that you are not connected with the case at bar. Choice (c) is incorrect because a lack of knowledge about the rules will not protect a lawyer who violates the rules.
Correct
Incorrect!
Correct
Incorrect!
Question 4
You are incredibly disappointed, almost to the point of tears. Your good friend and client in a fraud case, Steve O. Trickson, was just convicted by a federal jury two days ago. You want to know what you did wrong, both for Steve O.'s sake and your own. Perhaps you could find out whether or not the jury was tainted, you think to yourself. You know that your jurisdiction allows some post-trial juror contact by lawyers. You call up two of the former jurors and ask them about their deliberations. Are you subject to discipline?
Correct
Incorrect!
Correct Jurisdictions differ on the rules based on lawyer contact with former jurors in a case ' many jurisdictions prohibit any contact at all. Jurisdictions that do allow contact only allow it with the court's permission, if the contact is unobtrusive. Lawyers might also be allowed to contact the jurors only if they are attempting to determine if a verdict was tainted. Whatever the rule, since this jurisdiction does allow juror contact, you will still be required to first obtain court permission before initiating this contact. Therefore, choice (b) is the best answer. Choice (a) is not a correct statement of the rule related to post-trial contact with a juror. Choice (c) is not relevant to whether you violated an ethical rule. See Model Rule 3.5 and Model Rule 4.4.
Incorrect! Jurisdictions differ on the rules based on lawyer contact with former jurors in a case ' many jurisdictions prohibit any contact at all. Jurisdictions that do allow contact only allow it with the court's permission, if the contact is unobtrusive. Lawyers might also be allowed to contact the jurors only if they are attempting to determine if a verdict was tainted. Whatever the rule, since this jurisdiction does allow juror contact, you will still be required to first obtain court permission before initiating this contact. Therefore, choice (b) is the best answer. Choice (a) is not a correct statement of the rule related to post-trial contact with a juror. Choice (c) is not relevant to whether you violated an ethical rule. See Model Rule 3.5 and Model Rule 4.4.