Final Examination

Professional Responsibility

Professor Benedetto

Fall 2007

1. You have two and one-half (2.5) hours for this examination.

2. This is a closed book examination.

3. This examination has 13 (thirteen) pages. Please check to ensure you have all 13 pages.

4. This examination contains two (2) parts: multiple choice questions and an essay question. The examination will be worth a total of 90 (ninety) points.

• Part I consists of twenty-five (25) multiple-choice questions. Each multiple choice question is worth one (1) point. Part I will be worth a total of twenty-five (25) points. Correct multiple choice answers are to be marked on the separate ParSCORE test form using pen or pencil and following the instructions on that form. If you change your answer, place a clear “X” through the wrong answer and mark the correct answer. A machine will score the exam and any ambiguities will be counted as a wrong answer.

• PLEASE NOTE whether the multiple-choice question asks for an answer under the ABA Model Rules of Professional Conduct or the California Rules of Professional Conduct.

• Part II consists of one (1) essay question. The essay question is worth a total of 65 (sixty-five) points. I strongly encourage you to spend at least 15 minutes outlining the answer before writing. Read the questions carefully to ensure you address all the issues identified. Write on every other line and every other page to permit instructor comments. Your answer to the essay question should be based on the ABA Model Rules of Professional Conduct; in addition, if there is a California rule that differs, you should discuss it as well.

5. Write your student exam number on your exam envelope. Put your student exam # at the top of this page, each page of questions, each blue book, and the ParSCORE TEST FORM. Do not use your name, student ID number or Social Security Number on any exam materials.

6. At the conclusion of the exam, return ALL test materials, including blue books, the ParSCORE answer sheet, scratch paper, and this exam packet to the envelope and submit it to the proctor. Do not seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded.

GOOD LUCK!

PART II: Essay Question (65 points)

Recommended Time: 1.5 hours

Laura graduated from law school five years ago. She first worked for a large firm doing insurance defense work, but recently decided to start her own

plaintiff-side law firm. She is especially interested in representing victims of car accidents against insurance companies.

Laura knows she needs to advertise in order to develop her client base. She places an advertisement in the local newspaper stating “Have you been injured in a

car accident? I once represented insurance companies, and I know how to win against them. If you call Laura Lawyer at 555-UWIN, we will win your case!”

Clark Client was recently hurt in a car accident when a local celebrity, Anna Actress, ran a red light and hit his car. Anna’s career has not been going well, and

she does not have much money available. However, Anna is insured by the wealthy Inotech Insurance Company.

Clark calls Laura in response to her ad. Laura does not tell Clark that she successfully represented Inotech against a different plaintiff in a similar car accident

case two years ago. As part of that case, Laura learned about Inotech’s policies and procedures. Specifically, she knows that Inotech has a policy of knowingly

insuring celebrities with bad driving records in order to obtain high premium payments from them. She also defended Inotech’s CEO at a deposition, and

learned that the CEO has a tendency to raise his voice whenever he lies under oath.

Laura tells Clark during a meeting in her office that she knows she can win against Inotech. Clark decides to hire Laura and agrees to pay her on a contingency

fee basis. Clark and Laura shake hands to finalize this agreement.

Laura subsequently files suit in state court against Inotech Insurance Company. Laura knows that Clark only seeks to win about $40,000 to cover his medical

bills and lost business expenses, but Laura wants to achieve a much higher result for her first client. During pre-trial negotiations, counsel for Inotech asks Laura

whether her client would accept $35,000. Laura responds: “Absolutely not. We don’t even know the long-term ramifications of his injury. $35,000 is not even

close to what we would consider.” The Insurance Company raises its offer to $50,000. Clark wants to settle, but Laura wants to get the CEO of the company

into a deposition. She is sure she can catch the CEO lying under oath, which would be wonderful litigation experience for her and might result in future clients.

Discuss the professional responsibility issues raised by the above facts, under both the ABA Model Rules of Professional Conduct rules and (if they differ) the

California Rules of Professional Conduct. You need not cite the rules or statutory provisions by number, and you need not discuss the California provisions if

they do not differ from the ABA Model Rules. You may also discuss any applicable caselaw.