Author: Anonymous

A seventeen-year-old was arrested. He called his father and said, “Dad, I just got busted for smoking pot. It’s just a misdemeanor. I’m out on my own recognizance. Can you come and get me?” His father, a corporate lawyer, hired a law school classmate who is a criminal defense expert to handle his son’s case. The father told the attorney that he knows the DA is a bluffer, and suggested that the defense attorney take a hard line in defending the case, because the DA will let his son go on a civil forfeiture with no jail time. The father asked the defense attorney to keep him posted about what is going on so that he can track the fees.   When the criminal defense attorney received the police report, she realized that the son had lied to his father. The son was arrested for possession of a substantial quantity of drugs, which is a felony. As a result of a mix-up at the jail, the son was released on his own recognizance by mistake. When defense attorney confronted the son, he begged her not to tell his father.   The criminal defense attorney must

Lawyer is known for his aggressive tactics and has been sanctioned by judges, but has obtained massive class action verdicts. Lawyer has heard rumors about tenants who live in a nearby housing project. The conditions are deplorable, but every time tenants complain, they are evicted. Lawyer is contacted by social worker who runs a nonprofit tenants’ advocacy group. Social worker tells lawyer about the problems, and Lawyer states if the advocacy group hires him, he thinks he can get the management to clean up the housing project and get punitive damages. Lawyer tells social worker that he will aggressively argue for an award of attorney’s fees, but share 50% of the fees with advocacy group.     Is Lawyer subject to discipline?

Lawyer is known for his aggressive tactics and has been sanctioned by judges, but has obtained massive class action verdicts. Lawyer has heard rumors about tenants who live in a nearby housing project. The conditions are deplorable, but every time tenants complain, they are evicted. Lawyer is contacted by social worker who runs a nonprofit tenants’ advocacy group. Social worker tells lawyer about the problems, and Lawyer states if the advocacy group hires him, he thinks he can get the management to clean up the housing project and get punitive damages. Lawyer tells social worker that he will aggressively argue for an award of attorney’s fees, but share 50% of the fees with advocacy group.     Is Lawyer subject to discipline?

A lawyer who receives an intentionally sent electronic document from an opposing party may not search the document for metadata without first notifying the sender.

A lawyer who receives an inadvertently sent document from an opposing party and fails to follow the sender’s instructions with respect to the disposition of document is subject to discipline.

At the end of a case, Client was dissatisfied with the outcome and consulted New Lawyer, who told him that Former Lawyer committed malpractice and violated the Rules of Professional Conduct. New Lawyer, on behalf of Client, filed a grievance against Former Lawyer, which resulted in discipline. New Lawyer also filed a malpractice action based on the same conduct.   What correctly states the effect the discipline should have in the malpractice action?

Defendant was criminally charged with embezzlement and would like to retain Successful Defense Lawyer, who is in high demand. To convince Successful Defense Lawyer to represent him, Defendant agrees to pay Successful Defense Lawyer’s premium hourly rate, and he also offers to pay a bonus of $10,000 if he is acquitted.   Is Successful Defense Lawyer subject to discipline if he accepts the representation on those terms?

A lawyer may not charge a non-refundable fee unless the client gives informed consent to the non-refundability aspect of the fee.

A lawyer may not charge a non-refundable fee unless the client gives informed consent to the non-refundability aspect of the fee.

Client is about to go to trial on a criminal charge of burglary.  Lawyer has interviewed Client and learned that Client wishes to testify at trial that he was with his girlfriend at her apartment at the time of the crime.  Client tells Lawyer that he insists on testifying and he insists that his girlfriend be permitted to testify to corroborate the alibi.  Lawyer thinks the story is implausible and reasonably believes that both Client and girlfriend are lying.   What is the correct course of conduct for Lawyer?