GOLDEN GATE UNIVERSITY
SCHOOL OF LAW

Final Examination


Summer 2002
 Professional Responsibility
July 22, 2002
 Instructor - Robert A. Hawley
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 the 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 ON THREE PAGES based on an ongoing fact pattern. Time limits are suggested for each question. Ten minutes are left unallocated. Allocate your time as you wish. The value of each question is indicated.



I.
(50 Minutes)
(40%)


Al opens his law office the day after he passes the bar examination. His first and only employee is third year law student Len. Len is a retired police officer who is completing law school and works for Al as a part-time law clerk. Al has Len use his connections with the local police department to obtain from confidential police files the names of individuals booked into the county jail each day. Al has Len prepare the following brochure: Al pays Len to distribute these brochures around the jAil house and mAil them to those men whose addresses he has obtained from the police bookings list.

Herb was recently arrested for drunk driving and causing an accident. He was released pending trial with the assistance of the Public Defender. When Herb receives one of Al's brochures in the mail at home, Herb calls Al's office and speaks to Len. Len, with Al's approval, arranges to meet with Herb and Herb's wife Wilma at their home.

When they meet, Herb and Wilma tell Len about the accident. They tell him that they were both drunk at the time and that it really was Wilma who was driving when the accident occurred. Because Wilma had several prior drunk driving convictions, Herb made it look like he was driving instead of Wilma. As a result, Herb was charged in the matter, not Wilma. They both insist that this be mAlntAlned in confidence by Len and that Herb and Wilma testify consistent with this story at trial. Len agrees to this plan.

Len offers to handle their matter but requires a $5,000 deposit. Herb and Wilma say they need time to get the money. Len then arranges for them to meet with him and Al the following day.

The next day, Herb meets with Al and Len without Wilma. Al claims to be an expert in these matters and refers to Len as his "partner." Herb says that he has been able to raise only $1,500.00. Herb says the only other thing of value he has is Wilma's 1965 Ford Mustang convertible which some people say is worth a fortune. Al takes the $1,500.00 and also takes possession of the Mustang as "collateral" for the balance of the fee. Al places the cash in his wallet and uses the car as if it were his own.

Discuss the conduct of the above individuals under the ABA and California authorities.


II.
(60 Minutes)
(60%)


Weeks later, Wilma calls and requests Al to meet with her. She says she has heard nothing from Al on the case and wants to know what is happening. Al tells her that he is working "night and day" to keep Herb out of jail. Wilma says that she has had it with Herb, does not care if he goes to jail, and wants a divorce. Al says that he can handle that for her. Al then prepares and serves on Herb, Wilma's petition for dissolution of marriage. Herb is outraged when he receives it and calls Len to complain that Al seems to be working for both sides. Len says there is nothing he can do about it other than refer Herb to another attorney to handle the divorce. Len then refers Herb to Lawyer Linda who agrees to pay Len a percentage of the fees she earns on the divorce case as a "thank you" for the business.

As soon as Herb hires Linda, Linda calls Wilma and tells Wilma that Herb will give her a divorce but only if she agrees to relinquish all of her community property rights and agree all their property is Herb's. Linda says that she knows from Herb that Wilma was actually the driver in the drunk driving case. Linda says that unless Wilma agrees to the community property disposition, Linda will report what she knows to the District Attorney and Wilma will be put away for a long, long time.

When Wilma hears this from Linda, Wilma is outraged and goes straight to Al. Al then calls Linda and tells her he is reporting her to the State Bar. Linda hangs up on Al and immediately reports him to the District Attorney and State Bar for fAiling to disclose that Wilma was the drunk driver in the case agAinst Herb.

Discuss the conduct of the above individuals under the ABA and California authorities.

THE END