Legal Ethics Practice Exam Questions

1. 1.Concurrent conflict -- same adverse party: Under MRPC 1.7, representing Client B against Company X while representing Client A against Company X creates a concurrent conflict. Even though the matters are unrelated, representation of Client B is directly adverse to a current client of Attorney (Company X is adverse in both). Informed written consent from both clients is required.
2. 2.Perjury: Under MRPC 3.3(a)(3), a lawyer who knows a client has offered false testimony must take remedial measures, including, if necessary, disclosure to the tribunal. This duty overrides confidentiality under MRPC 1.6.
3. 3.Adverse legal authority: Under MRPC 3.3(a)(2), a lawyer must disclose legal authority in the controlling jurisdiction known to be directly adverse to the client's position that opposing counsel has not disclosed. This is a duty of candor to the tribunal.
4. 4.Withdrawal: If Client A refuses to correct the perjury, Attorney must withdraw. If withdrawal is insufficient to remedy the situation, Attorney may need to inform the tribunal.

1. 1.Competence (MRPC 1.1): A lawyer must provide competent representation, including the legal knowledge, skill, thoroughness, and preparation reasonably necessary. Taking a patent case without patent expertise or associating with a specialist violates this rule.
2. 2.Diligence (MRPC 1.3): Missing a filing deadline due to unfamiliarity with procedures shows lack of diligence.
3. 3.Malpractice liability: The missed deadline causing dismissal establishes all elements: duty (attorney-client relationship), breach (incompetent handling), causation (missed deadline led to dismissal), and damages (lost case value).
4. 4.Mitigation options the attorney should have taken: Associate with a patent attorney (MRPC 1.1 Comment 2 allows a lawyer to handle a novel area if the lawyer can become competent through reasonable study or by associating with a competent lawyer).

Correct Answer: B

Under MRPC 3.3(a)(3), a lawyer may not offer evidence the lawyer knows to be false. The lawyer should first attempt to dissuade the client. If the client insists on testifying falsely, the lawyer should seek to withdraw. If withdrawal is not permitted by the court, the lawyer must not present the false testimony. The duty of candor to the tribunal overrides the duty of confidentiality in this context.

Correct Answer: C

Under MRPC 1.9, a lawyer who has formerly represented a client may not represent another person in the same or a substantially related matter adverse to the former client unless the former client gives informed written consent. If the matters are unrelated and no confidential information from the prior representation is material to the new matter, the representation is permitted. The key question is whether the divorce representation yielded material confidential information relevant to the breach of contract case.

Correct Answer: C

Under MRPC 1.6(b)(2) and (3), a lawyer may reveal confidential information to prevent the client from committing a crime or fraud reasonably certain to result in substantial financial harm to another, if the client has used or is using the lawyer's services in furtherance of the crime or fraud. Arson for insurance fraud involves substantial financial harm. Under MRPC 1.6(b)(1), the lawyer may also reveal to prevent reasonably certain death or substantial bodily harm. The disclosure is permissive, not mandatory under the Model Rules.