SCHOOL OF LAW
Summer 2001
Professional Responsibility
Instructor - Robert A. Hawley
July 24, 2001
Instructions:
Apply the California Rules of Professional Conduct, relevant provisions of the
California Business and Professions Code and the American Bar Association (ABA) Model
Rules of Professional Conduct to the following factual situations. In each, identify the issues,
apply the applicable authorities and identify the differences, if any, between the analysis or
result obtained under the California and ABA authorities. Answer questions in examination
"blue books." Write your examination number on all "blue books" and the examination itself.
Turn in all "blue books," scratch paper and the examination when you are through. This is a
CLOSED BOOK examination designed to take TWO HOURS. There are TWO
QUESTIONS. Time limits are suggested for each question. Allocate your time as you wish.
I.
(60 minutes)
City Mayor Mary, while driving her official City vehicle, collides with Plaintiff Pam. Pam is mildly injured but her vehicle is severely damaged. Pam, who is short on funds, enlists the help of her brother Bob in retaining Lawyer Len, to represent her in an action against both Mayor Mary individually and the City.
City Attorney Ann defends the City and City Mayor Mary jointly in the civil action brought by Plaintiff Pam. Pam is represented by Lawyer Len who is being paid by Pam's brother Bob to represent Pam. The case goes to trial before a judge, the parties having waived a trial by jury. In the midst of the trial, Pam, in the presence of her brother Bob, tells Len that she and Bob intend to falsely testify at trial about the accident. Bob is enraged at Pam's admission, orders Len to disclose none of this, threatens to harm Mayor Mary if Len discloses Pam's admission, and storms out of Len's office. Pam tells Len that Bob's threats are just talk. Len wants to call Mayor Mary, City Attorney Ann and the court and tell them of the false testimony and Bob's threat.
After the trial is concluded and while the matter is pending before the court for decision, City Attorney Ann discovers, while doing research on an unrelated matter. a recent not-yet-published California appellate court opinion which appears to be directly contrary to Mayor Mary's individual legal position as Ann briefed it to the court. The recent case makes Mary more liable in her individual capacity than Ann had initially opined and argued to the court. Ann wants to advise the court and Len of this new case as it diminishes the City's liability to Pam.
What duties, if any, do Len and Ann have to their clients, to each other, to Bob and to the court under the California and ABA authorities?
II.
(60 minutes)
Attorney Alvin practices as a sole practitioner in a small town. He is asked by Client Cindy, another lawyer in town, to defend her in a legal malpractice case brought against her by Chuck, a wealthy landowner and investor. Chuck owns the building which houses Alvin's office and is Alvin's landlord. Alvin's secretary, Sally used to be married to Chuck. Sally tells Alvin that Chuck and Cindy were an "item" until Cindy dumped him and now Chuck is "getting even with this lawsuit." When Alvin raises this with Cindy, Cindy admits to Alvin that she became "involved" with Chuck while she was representing him. She claims that they broke up because Chuck was fabricating evidence in the case in which she was representing him and would not stop. Chuck is now represented by Lawyer Ligi in that case.
Alvin calls Chuck and says that if Chuck drops the lawsuit against Cindy, they will not report to the District Attorney Chuck's falsification of evidence, which would constitute criminal fraud. Chuck refuses. When Chuck reports this conversation to Ligi, Ligi calls Alvin and says that if Alvin talks to Chuck again, Ligi will have Alvin disbarred. Ligi then writes a letter of complaint to the State Bar accusing Alvin of professionai misconduct and sends copies of her letter to Alvin, Cindy and Chuck. Upon receiving the letter, Alvin advises Cindy to go public with her knowledge of Chuck's falsification of evidence. Cindy then contacts the local newspaper and reports her allegations to them.
Discuss the above under the California and ABA authorities.
THE END