GOLDEN GATE UNIVERSITY

SCHOOL OF LAW


Final Examination

Professional Responsibility


Summer 1999 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 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 FOUR QUESTIONS. Time limits are suggested for each question. Allocate your time carefully.

 

 

I.


(20 Minutes)


Client Cam consults Attorney Alice seeking representation on a medical malpractice claim against Doctor David. Attorney Alice declines the case but suggests that Cam consult Attorney Blaine, who Alice says specializes in such matters. Cam consults Blaine who tells Cam he will take the case if Cam agrees to a contingent fee of 45 % , Cam pays all costs, win or lose, and Cam agrees that any dissatisfaction with Blame's representation be addressed though binding arbitration with an arbitrator selected by David. Cam agrees. Blaine then thanks Alice for the referral and offers Alice 5 % of any recovery obtained in the case.

Discuss the above conduct under the California and ABA authorities. 


 

 

II.


(30 minutes)


District Attorney Delia works in the Family Support Bureau of the District Attorney's Office which recovers unpaid court ordered spousal and child support payments. Delia has filed a civil collection action against Dead Beat Dan, who is also an attorney, who owes long overdue child and spousal support. Dan is represented by Attorney Anne. Dan calls Delia and offers to pay some of the support. Delia tells Dan that he had better pay it all immediately or she will file criminal changes against Dan and refer him to the State Bar in addition to pursuing the pending civil collection action. When Dan tells Anne about his conversation with Delia, Anne calls Delia and says that if Delia talks to Dan again Anne will have Delia disbarred. Delia then writes a letter of complaint to the State Bar accusing Anne of unprofessional conduct and sends copies of her letter to Anne and Dan. Upon receiving the letter, Anne calls Dan and tells him not to pay any child support and to leave the state for several weeks. Dan promptly does so.

Discuss the above conduct under the California and ABA authorities.


 

III.


(30 minutes)


Attorney Alvin practices 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 was involved with Chuck while she was representing him. She claims that they broke up because Chuck was fabricating evidence in the case and would not stop. Alvin tells Cindy that he has too many contacts with Chuck and should not take the case. Cindy pleads with him to take the case, which Alvin ultimately does.

Discuss the above under the California and ABA authorities.


 

IV.

(30 minutes)  

Lawyer Ligi and Accountant Addy work together in a firm they have formed which they advertise as follows: 

Ligi just passed the bar examination and wants to practice tax law. To do so, she joined with her college roommate, Addy, who is a certified public accountant, and formed this two person firm. Ligi and Addy attempt to generate business by distributing flyers, containing the above information, by hand where ever they go. Client Chris is handed a flyer by Addy
 as she exits the local office of the Internal Revenue Service where Addy had stationed herself that day. Chris is facing legal action by the IRS for back taxes. Chris calls the number on the flyer and discusses her case with Addy. Addy then tells Ligi that Chris needs to take an
 aggressive defensive posture with the IRS. Ligi follows Addy's lead and prepares a claim on behalf of Chris against the IRS alleging harassment. Ligi also calls a press conference announcing Chris' claim against the IRS. When Chris learns about the press conference, she
 terminates Addy and Ligi and demands her files and documents. Addy tells Ligi to ignore Chris, which Ligi does.

Discuss the above under the California and ABA authorities.