Question Nos. 19 and 20 are based on the following facts: Helen has been practicing law for two years.  Helen represents Pat in her first medical malpractice case against Dr. Euphoria.  She spends almost no time preparing the case, and her research and trial work fall far below the standard of care for lawyers in her area.  The jury finds against Pat, i.e., defense verdict in favor of Dr. Euphoria.  Pat subsequently files a complaint against Helen with the State Bar, and also sues Helen for legal malpractice. 20. In Pat’s legal malpractice suit against Helen, Helen refuses to answer questions about confidential communications with Pat during the suit against Dr. Euphoria.  Helen’s refusal is:  

13.  A man walked into a lawyer’s office and explained that he is a salesman, that one of his sales associates has just been arrested, and that he would like the lawyer to defend the sales associate.  The lawyer suspects that this salesman is a drug dealer (i.e., methamphetamine, heroine, cocaine, and other illegal drugs), but does not have any concrete proof.  The salesman offered to leave a $10,000 retainer in a shoebox of $100 bills.  The lawyer told the salesman that he would think about his request and would let him know later that day.  When the salesman left the office, the lawyer telephoned his friend and mentor, a retired judge.  The lawyer told the judge the entire story, including the salesman’s name, and asked the judge whether it would be ethical to defend the sales associate and accept the salesman’s cash.  Is the lawyer subject to discipline for telling the judge the whole story?

PART I: MULTIPLE CHOICE QUESTIONS (1/3 of Final Exam Grade) (60 minutes – 30 Questions)   Select the best answer out of the available choices. Answer according to the American Bar Association Model Rules of Professional Conduct.1. Alice Attorney is the general counsel of Drug Co.  The government launches an investigative probe into the Food & Drug Administration’s approval of Drug Co.’s latest diabetes drug, Insulix, because there are suspicions that Drug Co. improperly paid a Food & Drug Administration official to “fast-track” the approval process for Insulix.  Alice Attorney meets with the Insulix Research and Development team and asks them questions about the Insulix Food & Drug Administration submission process.  The Food & Drug Administration issues deposition subpoenas to the Insulix Research and Development team.  At the depositions of the Insulix Research and Development team, the lawyer for the Food & Drug Administration asks each of the members what they told Alice Attorney.  Do the members of the Insulix Research and Development team have to reveal what they told Alice Attorney?

21.  Client needs to file for bankruptcy.  Client is a single mother, unable to pay her mortgage, car payment, or credit card bills.  She received a notice from the power company threatening to turn off her electricity unless the overdue bills are paid.  Attorney agrees to help Client by filing the bankruptcy petition pro bono. Client asks Attorney to give her a small amount of money to help buy food and medicine for her child, but Attorney offers instead to lend her some money to buy what she needs.  In exchange, Attorney asks Client out on a date.  Is Attorney subject to discipline?

21.  Client needs to file for bankruptcy.  Client is a single mother, unable to pay her mortgage, car payment, or credit card bills.  She received a notice from the power company threatening to turn off her electricity unless the overdue bills are paid.  Attorney agrees to help Client by filing the bankruptcy petition pro bono. Client asks Attorney to give her a small amount of money to help buy food and medicine for her child, but Attorney offers instead to lend her some money to buy what she needs.  In exchange, Attorney asks Client out on a date.  Is Attorney subject to discipline?

22.  You represent Ona, who is negotiating to buy a pizza franchise from Alpha Pizza.  Ona’s banker sees you at a restaurant one day and tells you he hopes Ona gets the pizza franchise, because her other franchises have suffered financial setbacks.  That same afternoon, you talk with your best friend Ollie.  Ollie tells you he plans to invest in one of Ona’s franchises.  Can you disclose the information that Ona’s banker told you to your friend?

14. You are a senior associate in the twenty-attorney law firm of Crone & Crone.  You supervise five new associates.  Since they are all recent law school graduates, and they’ve all taken legal ethics courses and passed the MPRE, you assume that they are well-versed in the rules of ethics.  You overhear one of the new associates talking about how he bills a client three hours for drafting a motion when it took him only one hour to draft the motion.  Are you subject to discipline?

3. Pop is among the wealthiest men in New York society. When his son was arrested for selling illegal drugs to his prep school classmates, Pop sought the legal services of the prestigious old firm of Dewey, Cheatem & Howe (“Dewey”). The Dewey firm practices almost nothing but securities and banking law. For which of the following reasons may the Dewey firm decline employment in the case? I. That Pop is not among the firm’s regular clients. II. That the firm is not experienced in criminal litigation. III. That Pop can obtain better service at lower fees from lawyers with more experience in criminal litigation. IV. That the firm does not want to take time away from its regular work for a matter such as this one.

3. Pop is among the wealthiest men in New York society. When his son was arrested for selling illegal drugs to his prep school classmates, Pop sought the legal services of the prestigious old firm of Dewey, Cheatem & Howe (“Dewey”). The Dewey firm practices almost nothing but securities and banking law. For which of the following reasons may the Dewey firm decline employment in the case? I. That Pop is not among the firm’s regular clients. II. That the firm is not experienced in criminal litigation. III. That Pop can obtain better service at lower fees from lawyers with more experience in criminal litigation. IV. That the firm does not want to take time away from its regular work for a matter such as this one.

The nurse is taking routine vital signs at the end of the shift.  The patient’s BP reads 210/138 mmHg.  The patient’s baseline BP has been in the 120’s systolic.  What action should the nurse do first?