Driss-A-Blog

Do YOU have legal ethics? Are YOU professionally responsible? Well, here are some questions (real ones used in old MPREs) in case you want to give it a shot. The answers are in the extended entry so don't look ahead and cheat.
BTW: YES, lawyers have ethics. Well... some of them. 90% of the lawyers out there give us 10% a bad name...

Question #1:
Attorney is a candidate in a contested election for judicial office. Her opponent, Judge, is the incumbent and has occupied the bench for many years. The director of the state commission on judicial conduct, upon inquiry by Attorney, erroneously told Attorney that judge had been reprimanded by the commission for misconduct in office. Attorney, who had confidence in the director, believed him. In fact, Judge had not been reprimanded by the commission; the commission had conducted hearings on Judge's alleged misconduct in office and, by a three to two vote, declined to reprimand Judge.
Decisions of the commission, including reprimands, are not confidential.

Is Attorney subject to discipline for publicly stating that Judge had been reprimanded for misconduct?

A) Yes, because the official records of the commission would have disclosed the truth.
B) Yes, because Judge had not been reprimanded.
C) No, because Attorney reasonably relied on the director's information.
D) No, because Judge was a candidate in a contested election.

Question #2:
Alpha is a member of the bar in State First and is also licensed as a stockbroker in State Second. In his application for renewal of his stockbroker's license in State Second, Alpha knowingly filed a false financial statement.

Is Alpha subject to discipline in State First for so doing?

A) Yes, because his actions involve dishonesty or misrepresentation.
B) Yes, but only if he is first convicted of a criminal offense in State Second.
C) No, because his action was not in his capacity as an attorney.
D) No, because his action was not in State First.

Question #3:
Attorney is a member of the bar and a salaried employee of the trust department of Bank. As part of his duties, he prepares a monthly newsletter concerning wills, trusts, estates, and taxes which Bank sends to all of its customers. The newsletter contains a recommendation to the customer to review his or her will in light of the information contained, and, if the customer has any questions, to bring the will to Bank's trust department where the trust officer will answer any questions without charge. The trust officer is not a lawyer. If the trust officer is unable to answer the customer's questions, the trust officer refers the customer to Attorney.

Is Attorney subject to discipline for the foregoing?

A) Yes, because Attorney is giving legal advice to persons who are not his clients.
B) Yes, because Attorney is aiding Bank in the unauthorized practice of law.
C) No, because no charge is made for Attorney's advice.
D) No, because Attorney is a member of the bar.

Question #4:
Driver consulted Attorney and asked Attorney to represent Driver, who was being prosecuted for driving while intoxicated in a jurisdiction in which there is an increased penalty for a second offense. Driver told Attorney that his driver's license had been obtained under an assumed name because his prior license had been suspended for driving while under the influence of alcohol. Driver asked Attorney not to disclose Driver's true name during the course of the representation and told Attorney that, if called as a witness, he would give his assumed name. Attorney informed Driver that, in order properly to defend the case, Attorney must call Driver as a witness.

Attorney called Driver as a witness and, in response to Attorney's question "what is your name?", Driver gave his assumed name and not his true name.

Is Attorney subject to discipline?

A) Yes, because Attorney knowingly used false testimony.
B) Yes, if Driver committed a felony when he obtained the driver's license under an assumed name.
C) No, because Attorney's knowledge of Driver's true name was obtained during the course of representation.
D) No, unless Driver's true name is an issue in the proceeding.

Question #5 (last chance):
Attorney Alpha currently represents Builder, a building contractor and the plaintiff in a suit to recover for breach of a contract to build a house. Builder also has pending before the zoning commission a petition to rezone property Builder owns. Builder is represented by Attorney Beta in the zoning matter.

Neighbor, who owns property adjoining that of Builder, has asked Alpha to represent Neighbor in opposing Builder's petition for rezoning. Neighbor knows that Alpha represents Builder in the contract action.

Is it proper for Alpha to represent Neighbor in the zoning matter?

A) Yes, if there is no common issue of law or fact between the two matters.
B) Yes, because one matter is a judicial proceeding and the other is an administrative proceeding.
C) No, because Alpha is currently representing Builder in the contract action.
D) No, if there is a possibility that both matters will be appealed to the same court.

Ok... are you ready to see if you passed?