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Question 1
You're a newly minted attorney, and you decide to take a chance and start up your own practice, although you have no real-world experience. You're a quick learner and a tough cookie. However, you shake in your boots when a criminal case comes your way a complex murder trial filled with intrigue and underworld doings. May you:
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Incorrect!
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Incorrect!
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Incorrect!
Correct Even experienced professionals face tasks that are so challenging, they'll either be forced to admit they can't take the case, or they'll have to seek help. (d) is correct because a lawyer has essentially three choices when it comes to facing a tough case. You can (a) refuse the case, as per Model Rule 1.1 and 1.16(a)(1). A lawyer is always free to refuse a matter. You can (b) accept the case and work diligently to perform the necessary legal research to gain competence. Of course your studies may not result in an unreasonable delay or expense to the client. Third, you may (c) accept the case and associate with a competent lawyer who will help you through the finer details. See Model Rule 1.1.
Incorrect! Even experienced professionals face tasks that are so challenging, they'll either be forced to admit they can't take the case, or they'll have to seek help. (d) is correct because a lawyer has essentially three choices when it comes to facing a tough case. You can (a) refuse the case, as per Model Rule 1.1 and 1.16(a)(1). A lawyer is always free to refuse a matter. You can (b) accept the case and work diligently to perform the necessary legal research to gain competence. Of course your studies may not result in an unreasonable delay or expense to the client. Third, you may (c) accept the case and associate with a competent lawyer who will help you through the finer details. See Model Rule 1.1.
Question 2
Say your buddy insists that you represent him in his divorce. You're a corporate securities lawyer, and tell him that you've never done a Family Law case before. Your friend thinks the world of your abilities, and keeps pressing for you to accept. Finally you relent, and take on the case, figuring you'll learn as you go. Unfortunately, a big part of learning requires making mistakes, and you mess up an alimony hearing. Your friend is enraged. Since it's his fault for taking you on, knowing that you had no experience in Family Law, are you nonetheless still subject to discipline?
Correct No matter the facts of a case, or the circumstances surrounding his representation, a lawyer has an obligation to represent clients with competence. If the lawyer is not competent in a particular area of the law, even his client's insistence will not save him from avoiding his professional responsibilities. See Model Rule 1.1.
Incorrect! No matter the facts of a case, or the circumstances surrounding his representation, a lawyer has an obligation to represent clients with competence. If the lawyer is not competent in a particular area of the law, even his client's insistence will not save him from avoiding his professional responsibilities. See Model Rule 1.1.
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Incorrect!
Question 3
You're working 24/7 on a criminal trial on behalf of a defendant you're sure is innocent. This is your first criminal case, and you have confidence that the extra hours of study and thought will pay off, for you and the client in the end. Your spouse tells you he's never seen you work this hard on anything before! Unfortunately, your inexperience led to a failure to focus on a piece of evidence that might have exonerated your client. The client is convicted. Because you put in a good faith effort, are you safe from the prosecution of the ethical authorities?
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Incorrect!
Correct Good faith is not good enough when it comes to lawyer competence. A lawyer has choices when it comes to a difficult case. She can accept it and work to build the competence required, although at her own and her client's risk. She can accept the case and seek to associate with a competent attorney. She can also refuse the case. Here, the problem is not that you worked hard to gain the skills to provide competent representation. You did work hard. The problem is that you DIDN'T provide competent representation. You did not obtain the skills that a reasonably competent attorney in criminal matters would need. As such, you will be subject to discipline.
Incorrect! Good faith is not good enough when it comes to lawyer competence. A lawyer has choices when it comes to a difficult case. She can accept it and work to build the competence required, although at her own and her client's risk. She can accept the case and seek to associate with a competent attorney. She can also refuse the case. Here, the problem is not that you worked hard to gain the skills to provide competent representation. You did work hard. The problem is that you DIDN'T provide competent representation. You did not obtain the skills that a reasonably competent attorney in criminal matters would need. As such, you will be subject to discipline.
Question 4
You agree to represent Manson, the plaintiff, in a tort suit alleging intentional infliction of emotional distress. He's entirely uncooperative, and thinks the judicial system is controlled by fat idiot congressmen who care more about their hair plugs than they do the people who elect them. As you expected, Manson never shows up for his meetings with you. He even fails to provide you with information about his side of the case. Nonetheless, you press on with your representation until Manson one day starts getting snippy with you over the phone. You tell Manson you won't do a darn thing for him or his case until he starts to play ball. The opposition in the interim files a motion to dismiss, and you refuse to respond because of Manson's uncooperativeness. Are you subject to discipline?
Correct No matter the disposition of the client, a lawyer must provide competent service. The issue here is whether Manson's uncooperativeness excuses your neglect of his case. The rules hold that a lawyer must always do her best under any circumstances ' even when the client's behavior is less than exemplary. By failing to respond to the dismissal motion, you did not act with diligence, and therefore you will be subject to discipline. The least you could have done was to make an appearance in court, advised the judge of the client's behavior, and ask the court for leave to withdraw. We will get into the specifics of withdrawal later in the course, but for now, understand that a lawyer must provide diligent service while she continues with representation.
Incorrect! No matter the disposition of the client, a lawyer must provide competent service. The issue here is whether Manson's uncooperativeness excuses your neglect of his case. The rules hold that a lawyer must always do her best under any circumstances ' even when the client's behavior is less than exemplary. By failing to respond to the dismissal motion, you did not act with diligence, and therefore you will be subject to discipline. The least you could have done was to make an appearance in court, advised the judge of the client's behavior, and ask the court for leave to withdraw. We will get into the specifics of withdrawal later in the course, but for now, understand that a lawyer must provide diligent service while she continues with representation.
Correct
Incorrect!
Question 5
You agree to represent George Busch in a contract claim against a co-op board. Busch promises to pay you $1,000 up front and $500 in weekly installments. Busch is an oil magnate, and you're especially glad that you found a client who won't default on his fee obligations. Things go well at first during your initial research period, but Busch is called on by his father to help in his father's bid election to the Imperial Senate, and he fails to pay you. You're shocked because you had just signed a lease on a BMW. You call Busch up and he says he'll pay, but he doesn't. You refuse to file Busch's complaint in the interim. You won't go forward until Busch follows through with the fee agreement. Are you subject to discipline?
Correct As soon as a lawyer agrees to represent a client, she is obligated not to neglect the interests of the client. See Model Rule 1.3. Here, the issue is whether failure to pay triggers a lawyer's right to halt her services. The rule says that if the professional relationship continues, the lawyer's duty of diligence also continues. You are subject to discipline for refusing to go forward with your services. However, as we will see later in the course, Busch's failure to pay constitutes grounds for a permissive withdrawal. See Model Rule 1.16(b)(4). However, until you obtain leave of the court, you must continue representing diligently.
Incorrect! As soon as a lawyer agrees to represent a client, she is obligated not to neglect the interests of the client. See Model Rule 1.3. Here, the issue is whether failure to pay triggers a lawyer's right to halt her services. The rule says that if the professional relationship continues, the lawyer's duty of diligence also continues. You are subject to discipline for refusing to go forward with your services. However, as we will see later in the course, Busch's failure to pay constitutes grounds for a permissive withdrawal. See Model Rule 1.16(b)(4). However, until you obtain leave of the court, you must continue representing diligently.