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Question 1
Ghimmy is a brand new lawyer working for Dert Sleim, an older and experienced personal injury attorney. Ghimmy's concerns about Sleim's conduct were validated when he studied the client trust fund accounting ledger and saw that Sleim did not properly deposit their client's money into the trust fund upon receipt. Ghimmy now knows Sleim is stealing money from clients. However, it took Ghimmy two years to find a job, and he doesn't want to ruin his career, so he keeps quiet. Is Ghimmy liable for not reporting Sleim?
Correct A lawyer is considered an officer of the court and is held to the highest ethical standards. In most states, a lawyer MUST inform the appropriate professional authorities if he has knowledge that another lawyer has violated ethics rules, raising a 'substantial question' as to that lawyer's honesty, trustworthiness, or fitness as a lawyer. A lawyer will be subject to discipline for not reporting when he is required to do so. Therefore Ghimmy is subject to discipline for not reporting Sleim's misconduct.
Incorrect! A lawyer is considered an officer of the court and is held to the highest ethical standards. In most states, a lawyer MUST inform the appropriate professional authorities if he has knowledge that another lawyer has violated ethics rules, raising a 'substantial question' as to that lawyer's honesty, trustworthiness, or fitness as a lawyer. A lawyer will be subject to discipline for not reporting when he is required to do so. Therefore Ghimmy is subject to discipline for not reporting Sleim's misconduct.
Correct
Incorrect!
Question 2
Cara is an admitted attorney who also has a certification and degree in counseling. She knows how tough the life of a litigator is, having served in a big city firm for five years, and understands that some litigators turn to drugs and alcohol to drown their worries. Cara, with the help of the state bar, heads up a clinic for lawyers to discuss their problems. Cara meets one night with a lawyer who is utterly and completely stoned out of his mind. The lawyer says he has been injecting some bad heroin into his bloodstream. He's at wit's end. Cara is shocked that this lawyer handles clients' problems, given that he is burdened with such an addiction. Cara thinks she should report the attorney to the state ethics board to ensure he doesn't ruin a client's life. She knows the drug use raises a "substantial question" as to the lawyer's fitness. May she report?
Correct
Incorrect!
Correct The reporting requirements maintain that if there is a 'substantial question' as to a lawyer's fitness to practice, the authorities must be notified. However, a clinic established to assist lawyers with their drug and alcohol problems has confidentiality obligations to their patients. The duty of patient confidentiality will trump the duty to report in this case.
Incorrect! The reporting requirements maintain that if there is a 'substantial question' as to a lawyer's fitness to practice, the authorities must be notified. However, a clinic established to assist lawyers with their drug and alcohol problems has confidentiality obligations to their patients. The duty of patient confidentiality will trump the duty to report in this case.
Question 3
Lawyer is shocked when he realizes his supervising attorney caused the opposition to believe a terrible lie in order to gain an upper hand during a settlement negotiation for a personal injury case. No ethical lawyer could have possibly lied in such a fashion. May Lawyer report the attorney misconduct to the authorities?
Correct
Incorrect!
Correct This is a trick question, but one that brings up an essential point in reading the text of a legal rule. There is a big difference between the words 'may' and 'must.' The rules of professional responsibility hold that an attorney 'must' report instances of misconduct if he has knowledge that another lawyer has acted in a manner that raises a 'substantial question' as to the lawyer's honesty, trustworthiness, or fitness as a lawyer. Here, if the lie was terrible enough to raise a 'substantial question,' lawyer 'must' report.
Incorrect! This is a trick question, but one that brings up an essential point in reading the text of a legal rule. There is a big difference between the words 'may' and 'must.' The rules of professional responsibility hold that an attorney 'must' report instances of misconduct if he has knowledge that another lawyer has acted in a manner that raises a 'substantial question' as to the lawyer's honesty, trustworthiness, or fitness as a lawyer. Here, if the lie was terrible enough to raise a 'substantial question,' lawyer 'must' report.