Final Examination

Professional Responsibility

Gallagher

Summer 2006

1. You have two and one-half (2 1/2) hours to complete this exam.

2. This is an open book exam.

3. This exam consists of three parts, worth a total of 200 points.

Part I consists of one longer essay question. Essay Question #1 is worth 125 points. Please allocate your time accordingly. Please write your response in the blue books provided, or type your response. Please write clearly. Write on every other line and every other page to permit instructor comments, if you are handwriting your exam.

Part II consists of one shorter essay. Essay Question #2 is worth 55 points.

Part III consists of one shorter essay. Essay Question #3 is worth 20 points.

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

5. At the conclusion of the exam, return all test materials, including blue books, 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 I

ESSAY #1

(Suggested time: One hour)

Roger, the owner of a local car dealership, asked an attorney friend, Jim, to represent Roger’s daughter, Alice, who had been arrested and charged for methamphetamine possession with intent to distribute. Alice is a 22-year-old college student who lives at home to save money. She has never been arrested before. Her father, Roger, is afraid that a criminal record will hurt Alice’s chances for attending law or graduate school. He also is concerned that any publicity about Alice’s alleged criminal activities may create publicity that will hurt his auto business. Roger told Jim that he believes it would be best for all involved to have this matter resolved “quietly and quickly”. Roger also stated that he had a doctor friend who ran a drug-diversion program and rehabilitation center, and that he would like Jim to recommend to Alice that she enter this program. Jim agreed to represent Alice and he received a retainer for professional services in the amount of $25,000 for this purpose from Roger.

Jim had previously handled several complicated contract matters for Roger, but, because he had no criminal law experience, he asked a law school friend of his, Julie, to help interview his new client. Julie, an experienced criminal law attorney, agreed. Both Jim and Julie attended a preliminary client meeting with Alice, where Jim asked all of the questions, some of which were based on tips Julie had provided to Jim about this type of criminal case. Jim did, however, tell Alice that Julie was a very experienced criminal law attorney and that he was glad to have her involved in the case. Alice’s father, Roger, attended this interview, but, at Jim’s suggestion, he agreed to say nothing at the meeting. At the interview, Alice said that she was completely innocent—that she had never used or sold any drugs-- and that she wanted to be vindicated to clear her good name. After the interview was over, Jim told Julie that he would likely not need any further assistance from her, and he sent Julie a “referral” fee of $2,500.

Jim made several court appearances in this case on Alice’s behalf and listed himself on all filed documents as the sole attorney appearing on Alice’s behalf. At one pretrial hearing, the prosecuting attorney on the case, Gail, offered to reduce the charges pending against Alice to a simple possession charge (and thus drop the more serious distribution charge) if Alice pled guilty to this charge and agreed to undergo periodic treatment in a drug rehabilitation clinic for a period of two years. When Jim informed Alice of the plea-bargain offer, she asked him what he thought she should do. Jim stated that he believed this was the best deal he could get, and that his “colleague” Julie also thought so. Reluctantly, Alice agreed to accept the plea-bargain, pled guilty, and was sentenced to probation on the condition that she attend the drug rehabilitation clinic.

Has Jim violated any rules of professional responsibility? Discuss.

END OF ESSAY #1
ESSAY #2

(Suggested time: 30-45 Minutes)

Your client, Dan, the CEO of Acme Company, has been sued personally along with Acme for civil fraud--allegedly concealing financial information that misled stockholders. At trial in this matter, Dan just testified on the witness stand that he knew nothing about any of the alleged fraudulent concealment of information. After his testimony and during a break, Dan tells you that he is pleased with the case and that contrary to his in-court testimony he actually did know about the alleged fraud, believes it was very misleading to stockholders, but that he is confident that the jury will believe his “smoke and mirrors” testimony and throw out the plaintiffs’ case.

As Dan’s attorney, what should you do under these circumstances, if anything, to comply with your ethical duties?

END OF ESSAY #2

ESSAY # 3

(Suggested Time: 20-30 Minutes)

Attorney Vern has practiced personal injury law for twelve years and has just placed an

advertisement in a local newspaper that he has “the experience and resolve to make judges and juries understand the complex facts involved in most personal injury cases”. The ad also states that Vern is an “experienced advocate” who will “vigorously represent” any clients he represents in court. Vern, however, has never taken a case through a jury trial or a bench trial. He settles the vast majority of his cases well before trial. When cases do not settle, Vern always refers such cases to a very experienced trial lawyer at another firm in town.

Does Vern’s ad violate any rules of professional responsibility?

END OF EXAM