2. Bob is fired from his job as a security guard at the Mall of the United States.  He brings a suit for wrongful termination and sexual harassment against his supervisor, Kim, and the Mall of the United States.  Attorney represents the Mall of the United States in several of its real estate transactions.  Is it proper for Attorney to represent the Mall of the United States and Kim? 

7.  Criminal defense lawyer Larry agreed to represent defendant Dan at Dan’s trial for arson.  Larry and Dan orally agreed on the following attorney fee arrangement. If Dan is acquitted, the fee would be $25,000. If Dan were convicted of any lesser included offense, the fee would be $5,000. If Dan is convicted of arson, the fee would be $500. Larry further agreed to advance all litigation expenses, subject to Dan’s promise to repay Larry whatever the outcome of the case. Which of the following statements is/are correct?  I, Larry is subject to discipline for not putting the fee agreement in writing. II. It was proper for Larry to agree to advance the litigation expenses. III. Larry is subject to discipline for charging a contingent fee. IV. It was proper for Larry to require Dan to repay the advanced litigation expenses whatever the outcome of the case.

17. Inventor Ivan and marketing genius Gene want to form a new corporation to market Ivan’s amazing new design for motion picture projectors. They want to hire attorney Arnold to help them to do the necessary legal work and to help them find venture capital. Because they have almost no hard cash at present, they have asked Arnold to do this work for them in exchange for 4% of the capital stock of the new corporation. The remaining 96% will be divided equally between Ivan and Gene and their respective families. May Arnold agree to their proposal?

16.  Attorney Able, a personal injury attorney with no experience in commercial matters, makes an oral agreement with Carl Client to prepare a complicated contract for a fee of $500 per hour.  The customary fee for similar work by local lawyers experienced in commercial matters is $350.  Attorney Able spends four hours on the contract, but sends an invoice for $2,500. Which of the following subjects Attorney Able to discipline?  I. He failed to reduce the fee arrangement to writing. II. His fee is greater than the customary local hourly fee for more experienced lawyers. III. His invoice exceeded the fee agreed upon. IV. As a lawyer inexperienced in commercial matters, he should have agreed to a fee of less than $350 per hour.

32. Essay 2 (1/3 of Exam Grade) – Answer according to both the American Bar Association Model Rules of Professional Conduct and California authorities Pete is a partner at Law Firm, a firm with multiple offices across the United States.  One of Law Firm’s clients is Running Desk Corp., a company that manufactures office desks with a built-in treadmill for people who desire a more active and healthy lifestyle.  Law Firm reviews Running Desk Corp.’s purchase orders and agreements with component manufacturers.  Pete purchased one of these treadmill desks for his office.  One day, while running on his treadmill, Pete fell when he tried to take a closer look at his computer monitor on the desk component.  As a result of the fall, Pete sustained severe orthopedic injuries. Hank, a partner in Law Firm’s east coast office, has been asked to represent Running Desk Corp. in a lawsuit filed by attorney Abe.  Abe has filed a class action on behalf of all people who sustained orthopedic injuries after purchasing Running Desk Corp.’s treadmill desk.  Hank files an answer to the complaint before running the request through Law Firm’s conflicts manager.  Class action notices were sent to all potential class members, but Pete has not responded whether he will join the class yet.  Abe also represents Cam as a plaintiff in a case arising out of an automobile accident, where Cam sustained severe injuries which required amputation of both legs above the knee, and both arms right below the elbow.  The defendant in Cam’s case made an offer to settle in the amount of $100,000.  Since the class action against Running Desk Corp. will be expensive to litigate, Cam accepts the offer to settle.  Abe then calls Cam to tell him that his case resolved and to sign the settlement agreement. Please discuss whether Pete, Hank, and/or Abe would be subject to discipline. 

32. Essay 2 (1/3 of Exam Grade) – Answer according to both the American Bar Association Model Rules of Professional Conduct and California authorities Pete is a partner at Law Firm, a firm with multiple offices across the United States.  One of Law Firm’s clients is Running Desk Corp., a company that manufactures office desks with a built-in treadmill for people who desire a more active and healthy lifestyle.  Law Firm reviews Running Desk Corp.’s purchase orders and agreements with component manufacturers.  Pete purchased one of these treadmill desks for his office.  One day, while running on his treadmill, Pete fell when he tried to take a closer look at his computer monitor on the desk component.  As a result of the fall, Pete sustained severe orthopedic injuries. Hank, a partner in Law Firm’s east coast office, has been asked to represent Running Desk Corp. in a lawsuit filed by attorney Abe.  Abe has filed a class action on behalf of all people who sustained orthopedic injuries after purchasing Running Desk Corp.’s treadmill desk.  Hank files an answer to the complaint before running the request through Law Firm’s conflicts manager.  Class action notices were sent to all potential class members, but Pete has not responded whether he will join the class yet.  Abe also represents Cam as a plaintiff in a case arising out of an automobile accident, where Cam sustained severe injuries which required amputation of both legs above the knee, and both arms right below the elbow.  The defendant in Cam’s case made an offer to settle in the amount of $100,000.  Since the class action against Running Desk Corp. will be expensive to litigate, Cam accepts the offer to settle.  Abe then calls Cam to tell him that his case resolved and to sign the settlement agreement. Please discuss whether Pete, Hank, and/or Abe would be subject to discipline. 

16.  Attorney Able, a personal injury attorney with no experience in commercial matters, makes an oral agreement with Carl Client to prepare a complicated contract for a fee of $500 per hour.  The customary fee for similar work by local lawyers experienced in commercial matters is $350.  Attorney Able spends four hours on the contract, but sends an invoice for $2,500. Which of the following subjects Attorney Able to discipline?  I. He failed to reduce the fee arrangement to writing. II. His fee is greater than the customary local hourly fee for more experienced lawyers. III. His invoice exceeded the fee agreed upon. IV. As a lawyer inexperienced in commercial matters, he should have agreed to a fee of less than $350 per hour.

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. 19. In the disciplinary hearing against Helen, the State Bar will likely:

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:  

30.  Wealthy Aunt asks her nephew, Abe (an attorney), to prepare her will.  Wealthy Aunt tells Abe exactly how she wants her estate distributed, and Abe does his best to draft the will accordingly.  One of the distributions involves Wealthy Aunt’s large stake in an oil company.  Wealthy Aunt wants Abe to get the stock.  May Abe prepare the will?