Question 1

Attorney is moving from the only state where he is licensed to practice law. He has an offer in another state to go to work as in-house counsel for a major insurance company. Attorney’s job would be to counsel senior adjusters about how to make sure they avoid any “bad faith” claims and also to represent policyholders of the company in certain high profile cases in his new home state. May Attorney undertake this new position, as described, consistent with his responsibilities under the Model Rules of Professional Conduct?

1. No, because Attorney would be practicing law without a license in his new state.
2. No, because Attorney would be appearing in court in his new state.
3. Yes, because Attorney will be acting as in-house counsel.
4. Yes, because Attorney is duly licensed in a U.S. jurisdiction.

Question 2

Attorney is interested in joining a new firm in a metropolitan area. The firm has asked her to sign an employment agreement that states that, in exchange for the training the firm will provide, Attorney will agree not to compete with the law firm for a period of one year in the metropolitan area. Which of the following statements most accurately reflects Attorney’s options under the Model Rules of Professional Conduct?

1. Attorney may not agree to this provision.
2. Attorney may agree to this provision as long as the restrictions of time and place are reasonable.
3. Attorney may agree to this provision as long as she is receiving consideration for the agreement.
4. Attorney may agree to this provision.

Question 3

Attorney is employed full time by the Parents United to Protect Students (PUPS), a non-profit organization (controlled by nonlawyers) that provides legal representation in cases involving access to education for disabled people. Attorney has just completed a case in which he was awarded $50,000 in attorney’s fees under the Equal Access to Justice Act because he prevailed in an action against a local community college district. Which of the following statements most accurately describes Attorney’s options, with respect to the fees, under the Model Rules of Professional Conduct?

1. Attorney may not share the fees with PUPS because the organization is controlled by nonlawyers.
2. Attorney may share the fees with PUPS because it is his employer and is a nonprofit organization.
3. Attorney may share the fees with PUPS because it is his employer.
4. Attorney may not share the fees with PUPS because the organization is not a law firm.

Question 4

Attorney has a highly specialized practice. She is a leading expert on the standards that for-profit colleges must meet in order for their students to be eligible to receive federal student loans. She travels to many states and provides legal advice to institutions about compliance with these standards. She is licensed, however, only in one state. Which of the following statements most accurately describes the propriety of Attorney’s practice under the Model Rules of Professional Conduct?

1. Attorney’s out-of-state activities violate the rule against practicing law in another jurisdiction without authority to do so.
2. Attorney’s out-of-state activities are permitted because she is giving advice about federal law.
3. Attorney’s out-of-state activities are permitted because they arise out of her home-state practice.
4. Attorney’s out-of-state activities are prohibited because she is not admitted pro hac vice in those states where she is not licensed.

Question 5

Attorney has decided that he no longer desires to keep up the pace required by a full-time solo practice. He does both estate planning and probate adminis tration. Which of the following statements most accurately reflects Nick’s options under the Model Rules of Professional Conduct?

1. He may not sell the practice but may withdraw from representation of his clients because good cause exists to do so.
2. He must sell his entire practice and retire if he chooses to sell any of it.
3. He may sell the estate planning portion of his practice but remain in the practice of law part-time by maintaining his probate administration practice.
4. He may sell a substantial portion of his practice if he gives reasonable notice to the affected clients.

Question 6

Attorney recently won a major case. As soon as the verdict was announced, Attorney’s nonlawyer secretary sent the following message via Twitter: “Attorney won big again. He can win big 4 u 2!” Attorney soon found out about the message. Assuming that this was a false or misleading communication about Attorney’s services, under what circum stances, if any, will Attorney will responsible for this violation of the Rules of Professional Conduct?

1. Attorney will not be responsible because he did not send the message.
2. Attorney will not be responsible because he did not order his secretary to send the message.
3. Attorney will not be responsible because he has done nothing to ratify the conduct.
4. Attorney will be responsible unless he takes reasonable remedial action to avoid the consequences of the misconduct.

Question 7

Lawyer an estate planning attorney who is licensed in a state that adjoins another state. To make ends meet, Lawyer regularly goes into the adjoining state to meet with clients and prepare their estate plans. He does not maintain an office in the adjoining state, and he is careful always to let his clients in that state know where he is licensed. Which of the following statements most accurately describes the propriety of Lawyer’s actions under the Model Rules of Professional Conduct?

1. Lawyer is not committing misconduct because he has not established an office in the adjoining state.
2. Lawyer is not committing misconduct because he advises his clients truthfully about his licensure only in his home state.
3. Lawyer is committing misconduct by practicing law in a state where he is not licensed.
4. Lawyer is committing misconduct by continuous and systematic presence in the adjoining state for the practice of law.

Question 8

Attorney has been asked to litigate a case in a state that adjoins the only state in which he is licensed. He believes that there are witness interviews that must be conducted in that state. Which of the following statements most accurately describes Attorney’s options under the Model Rules of Professional Conduct?

1. Attorney may conduct the interviews because doing so is a temporary activity and not the continuous and systematic practice of law in a state where he is not licensed.
2. Attorney must not conduct the interviews until he is admitted pro hac vice in the case.
3. Attorney can conduct the interviews before the case is filed because this activity is reasonably related to his practice in his home state.
4. Attorney may conduct the interviews as long as he reasonably expects to be admitted pro hac vice in the case once it is filed.

Question 9

Attorney represents Reliable Insurance in connection with the settlement of a class action lawsuit against Reliable involving the sale of credit life insurance for new car buyers. Reliable is so bitter about being sued that it instructs Attorney to make the settlement offer but condition it on agreement by plaintiff’s counsel never to sue Reliable again for any client or class of clients. Which of the following statements best describes Attorney’s options under the Model Rules of Professional Conduct?

1. Attorney may make the offer.
2. Attorney must communicate to the client that she is not permitted by the Rules of Professional Conduct to make that offer.
3. Attorney must immediately withdraw from representing Reliable.
4. Attorney must consult with the client about whether this offer is the best means of achieving the client’s objectives.

Question 10

Attorney is licensed in only one state. Attorney is a tax lawyer. He prepares corporate and partnership tax returns. He does no litigation or alternative dispute resolution. He likes it that way. He receives a telephone call from his elderly Aunt Lucille in the distant state where Attorney grew up. Aunt Lucille helped pay Attorney’s way through law school, and now she is asking for his help. She has been sued by a credit card company, and the court has ordered mediation. Aunt Lucille wants Attorney to come hor represent her at the mediation. Which of the following statements most accurately describes Attorney’s options under the Model Rules of Professional Conduct?

1. Attorney may represent Aunt Lucille because it would be a temporary activity related to an alternative dispute resolution proceeding.
2. Attorney may represent Aunt Lucille only if he associates a lawyer licensed in her jurisdiction and that lawyer actively participates in the matter.
3. Attorney may not represent Aunt Lucille because the mediation does not arise out of or reasonably relate to his practice.
4. Attorney may not represent Aunt Lucille because he is not licensed in her jurisdiction.

Question 11

Attorney frequently is appointed by her local court to represent indigent criminal defendants. In fact, the frequency of the appointments has become so great that she now believes she has as many cases as she can competently and diligently handle. The court contacts her about an additional appointment. What is her responsibility under the Model Rules of Professional Conduct?

Question 12

Attorney has received notice that the judge of her local criminal court intends to appoint Attorney to represent the defendant in a murder case. When Attorney arrives for the first hearing, she learns for the first time that the victim of the alleged murder was a former client of Attorney. Is there any basis upon which Attorney could seek to avoid the appointment as counsel in the murder case?

Question 13

Engulf & Devour (E & D) is a law firm that is concerned about departing partners who then take clients of the firm and otherwise compete with the firm. E & D is considering whether it can implement a “retirement plan” that would pay departing lawyers the amounts in their capital accounts (which under the partnership agreement belong to the individual lawyers) and any fees earned by but not paid to the departing lawyers only on the condition that the departing lawyers not compete with E & D after their departure. Is the plan consistent with the Model Rules of Professional Conduct?

Question 14

Attorney has been offered a job as an attorney for Costco Stores, Inc. Although Attorney would be paid a salary by Costco, her clients would be individuals who are members of Costco’s “Saver’s Club,” a membership that entitles members to shop at Costco stores and purchase household items in bulk, and which now includes the right to two hours per year of legal services provided by Costco lawyers. What concerns should Attorney have about potential violations of the Model Rules of Professional Conduct if she accepts this position, given that she would be working as a salaried lawyer for Costco?

Question 16

Attorney is an associate in the law firm of Soo & Wynne. Attorney was admitted to the bar just a few months ago. Attorney has been instructed by one of the partners in the firm to file a lawsuit for a client and obtain an ex parte temporary restraining order to prevent a foreclosure sale of the client’s property. The partner has instructed Attorney not to inform the court at the ex parte hearing of certain material facts that harm their client’s case. Under the Model Rules of Professional Conduct, may Attorney follow the partner’s instructions?