Legal Ethics Lunch and Learn

Front

Can the lawyer be sanctioned for his behavior at the annual bar association holiday event where he interrupted the presentation of a mock award and called the judge a “piece of sh*t”?

Back

Yes, because Lawyer’s behavior is prejudicial to the administration of justice & reflects poorly on the legal profession.

Front

Lawyer made a statement to a national newspaper that the Judge presiding over his case was anti-semite, and placed an ad in the newspaper asking lawyers who had been sanctioned by the judge to contact his office. What is the implication of this statement?

Back

Yes, because the statement was prejudicial to the administration of justice.

Front

Does the advertisement comply with Rule 7.1 and 7.2? Lawyer televised an advertisement depicting himself as an “experienced, aggressive personal injury lawyer who was prepared to take and had taken personal action on behalf of clients.” Lawyer has not been engaged in the practice of law in 9 years. His role in the law firm as a “spokesperson.”

Back

No, because the advertisement is misleading.

Front

Is this advertisement ethical or unethical according to the Model Rules?

Back

Ethical! Routine legal services can be advertised with standard fees.

Front

An attorney agreed to represent a client in a complex tax matter. Although the attorney had never practiced tax law, she believed she could handle the matter based on her general legal experience. Without conducting any legal research or consulting an expert, she advised the client on how to proceed. The advice later caused significant financial harm to the client. What is the implication of her actions?

Back

She failed to provide competent representation by not researching or consulting someone with tax expertise.

Front

Is attorney Luca subject to discipline for agreeing to represent client Chrissy in her criminal larceny trial with a contingency fee arrangement?

Back

Yes, because the Model Rules prohibit all contingency fees for representing criminal defendants.

Front

An attorney represents a client in a criminal case. During a private meeting, the client discloses information that would be embarrassing if revealed but is not itself illegal. Later, a friend of the attorney—unrelated to the case—asks about the client’s situation. The attorney shares the confidential details, hoping to get the friend’s advice. Is the attorney subject to discipline?

Back

Yes, because the attorney disclosed confidential information without the client’s consent.

Front

Is the attorney subject to discipline for representing Client B in challenging a contract previously drafted for Client A without obtaining Client A’s consent?

Back

Yes, because the attorney would be representing a new client in a substantially related matter materially adverse to the former client without the former client’s informed consent, confirmed in writing.

Front

An attorney is representing two current clients whose legal interests in a pending matter are directly adverse to each other. The attorney did not obtain written informed consent from either client after fully disclosing the conflict. The attorney continues to represent both clients in the matter. Is the attorney subject to discipline?

Back

Yes, because the attorney may not represent clients with directly adverse interests without informed consent, confirmed in writing, from each client.

Front

Under the Model Rules, may Attorney Stella represent the new client in a lawsuit against Client Sydney involving a related transaction?

Back

No, unless Zoe gives informed consent, confirmed in writing.