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Question 1
You, the Assistant United States Attorney for the Northern District of New York, are revved up and ready to prosecute a defendant in a racketeering and murder trial. It is a famous mob-related case. You put on your best clothes and prepare an emotional opening argument. At the start of the trial, you state in court, "Believe me you, my friends of the jury, are in the presence of a cold-blooded killer, probably more dangerous than any you have seen in the movies." Are you subject to discipline for this statement?
Correct According to Model Rule 3.4(e), a lawyer who states her personal opinion as to the guilt or innocence of an accused in a criminal proceeding commits an ethical violation. Here, your opening statement requesting that the jury 'believe you' about the guilt of the accused qualifies as a prohibited statement. If you introduced the facts of the case to the jury, stating that the facts will demonstrate the accused's guilt, then you would not be in violation. Therefore, choice (a) is the best answer. Choice (b) is incorrect because your statement was one of personal opinion and not fact. Choice (c) does not state whether or not it is ethical for a party's lawyer to announce personal opinions in a courtroom.
Incorrect! According to Model Rule 3.4(e), a lawyer who states her personal opinion as to the guilt or innocence of an accused in a criminal proceeding commits an ethical violation. Here, your opening statement requesting that the jury 'believe you' about the guilt of the accused qualifies as a prohibited statement. If you introduced the facts of the case to the jury, stating that the facts will demonstrate the accused's guilt, then you would not be in violation. Therefore, choice (a) is the best answer. Choice (b) is incorrect because your statement was one of personal opinion and not fact. Choice (c) does not state whether or not it is ethical for a party's lawyer to announce personal opinions in a courtroom.
Correct
Incorrect!
Correct
Incorrect!
Question 2
You, the Assistant United States Attorney for the Northern District of New York, are revved up and ready to prosecute a defendant in a racketeering and murder trial. It is a famous mob-related case. You approach the defendant's attorney, Skip Townshend, about the defendant's interest in plea bargaining. You tell Skip, "Skipper, we've been at this game for years now. You know your guy's guilty as sin. You believe it just as I do. Is he gonna play ball, or what?" Are you subject to discipline for stating your personal opinions?
Correct
Incorrect!
Correct The lawyer's obligation not to express personal opinions is triggered only during a trial, according to Model Rule 3.4(e). Since you are here negotiating a plea agreement, the rule is not applicable, and you may therefore express your opinion about the defendant's guilt. As such, choice (b) is the best answer. Choice (a) is an overbroad statement ' it is during the trial itself that a party's counsel may not state her personal opinions.
Incorrect! The lawyer's obligation not to express personal opinions is triggered only during a trial, according to Model Rule 3.4(e). Since you are here negotiating a plea agreement, the rule is not applicable, and you may therefore express your opinion about the defendant's guilt. As such, choice (b) is the best answer. Choice (a) is an overbroad statement ' it is during the trial itself that a party's counsel may not state her personal opinions.
Correct
Incorrect!
Question 3
The District Attorney in Manhattan holds a press conference for the local news stations and newspapers. During the conference he issues a statement and answers reporters' questions related to the capture of suspected gang leader and master thief, Thug Watkins. In addition to stating the usual information regarding the government's interest in prosecuting the defendant, and the fact that an investigation of the matter is in progress, the D.A. says that any private individual, outside of the government, connected with Mr. Watkins's arrest is in grave danger and there is a possibility that certain of his former associates will suffer a substantial likelihood of bodily harm. You, the attorney for Mr. Watkins, assert that the D.A.'s statement is terribly prejudicial to the outcome of Mr. Watkins' case. You contact the local ethics board and assert that Mr. Watkins is subject to discipline. Are you correct?
Correct
Incorrect!
Correct According to Model Rule 3.6(b), a lawyer involved in a criminal or civil matter may state a warning regarding a perceived danger to anyone involved in a case if there is a 'likelihood of substantial harm.' Here, the D.A.'s comments related to the likelihood of harm to members of the public who have a connection to the arrest of Mr. Watkins. Therefore, choice (b) is correct ' the D.A. is entitled to issue a warning without penalty. Choice (a) is incorrect because even if the statement is prejudicial to the outcome of the case, the rules allow it because of the perceived public harm. Choice (c) is incorrect because a warning to the public, as provided by the D.A. on the facts, is permissible.
Incorrect! According to Model Rule 3.6(b), a lawyer involved in a criminal or civil matter may state a warning regarding a perceived danger to anyone involved in a case if there is a 'likelihood of substantial harm.' Here, the D.A.'s comments related to the likelihood of harm to members of the public who have a connection to the arrest of Mr. Watkins. Therefore, choice (b) is correct ' the D.A. is entitled to issue a warning without penalty. Choice (a) is incorrect because even if the statement is prejudicial to the outcome of the case, the rules allow it because of the perceived public harm. Choice (c) is incorrect because a warning to the public, as provided by the D.A. on the facts, is permissible.
Correct
Incorrect!
Question 4
You are a lawyer engaged in a bitter fee dispute with a client. You represent yourself as plaintiff, because you're short on cash not necessarily because you trust your legal skills. In fact, you've never conducted a trial before, and are rather nervous. You know the truth will come out, that the client owes you a hefty sum. But for the truth to be flushed out, you feel you have to testify before the jury. Is this acceptable, given that you are counsel for the plaintiff?
Correct
Incorrect!
Correct In order to admit a lawyer's personal opinion in a case, the lawyer has to testify as a witness under oath. See Model Rule 3.4(e). However, in most situations, a lawyer who knows he will appear as a witness is prohibited from advocating. Here are exceptions to the rule: where the lawyer's testimony relates to an issue that is not contested in the case, where the testimony relates to the nature and value of legal services rendered in the case, or if disqualification would result in a substantial hardship on the client. See Model Rule 3.7(a). Here, it appears the testimony will relate to your legal services. Therefore, your testimony would constitute an exception to the general prohibition on lawyer testimony. Choice (b) is therefore the best answer. Choice (a) is an incorrect statement of the rule - as stated above, there are exceptions to the prohibition against lawyer testimony. Choice (c), likewise, is not a legitimate reason to ban lawyer testimony, especially in a case regarding a fee.
Incorrect! In order to admit a lawyer's personal opinion in a case, the lawyer has to testify as a witness under oath. See Model Rule 3.4(e). However, in most situations, a lawyer who knows he will appear as a witness is prohibited from advocating. Here are exceptions to the rule: where the lawyer's testimony relates to an issue that is not contested in the case, where the testimony relates to the nature and value of legal services rendered in the case, or if disqualification would result in a substantial hardship on the client. See Model Rule 3.7(a). Here, it appears the testimony will relate to your legal services. Therefore, your testimony would constitute an exception to the general prohibition on lawyer testimony. Choice (b) is therefore the best answer. Choice (a) is an incorrect statement of the rule - as stated above, there are exceptions to the prohibition against lawyer testimony. Choice (c), likewise, is not a legitimate reason to ban lawyer testimony, especially in a case regarding a fee.