Exam Number

PART I - ESSAY

ONE HOUR - 40 POINTS

Cartwright, an attorney, was retained by Arnold to represent Arnold in a criminal prosecution of Arnold in Federal Court for Income Tax Evasion. They enter into a written fee agreement for Arnold to pay Cartwright $50,000 for all work up to trial, and an additional $50,000 for the trial.

The day before the trial is to begin, Cartwright tells Arnold that his usual method of successfully handling cases is to bribe the jurors. Arnold refuses to go along with this strategy and fires Cartwright.

Cartwright sues Arnold on the written fee contract for the $50,000 for representation up to the time of the trial. Arnold files an answer denying that he ever had any agreement with Cartwright.

At the trial, before a jury, the following takes place:

(1) Cartwright attempts to testify to the fee negotiations and the agreement. He identifies a xerox copy of a document which appears to have been signed by Arnold and notarized. Arnold objects to all of this.

(2) Sam is called as a witness by Arnold. Sam testifies, over objection, that he has been a pen pal of Arnold since they were in the third grade, that he has seen Arnold's signature several hundred times, and that, in his opinion, the signature on the document is not Arnold's.

(3) On cross-examination, Sam is asked "Isn't it true, that when Cartwright was a district attorney he prosecuted you for child molestation?" Arnold's lawyer objects and the objection is sustained.

(4) Arnold testifies and says that the signature on the agreement is not his. On cross-examination, Arnold admits that he attended a settlement conference, required by local rule of court to be held before all civil trials. That the settlement conference was for the purpose of attempting to settle the suit between him and Cartwright. Cartwright's lawyer then asks "Didn't my associate, Mr. Jones, shown you this agreement at that conference and say 'You know thats your signature' and didn't you smile and wink at him."

Arnold's attorney objects but the judge orders Arnold to answer. Arnold says, "No, that never happened."

(5) In rebuttal, Cartwright testifies that he was present at the settlement conference and witnessed Mr. Jones say, "You know thats yours signature" and that Arnold smiled and winked.

(6) At the close of the trial, at Cartwright's lawyer's request and over objection by Arnold's lawyer, the jury was instructed: "The signatures on a document are presumed to be genuine. You will therefore assume that the signature is Arnold's unless you are persuaded to the contrary by a preponderance of the evidence."

A. In each instance in which an objection was made, what might properly have been the grounds for the objection and how should the court have ruled? Discuss the reasons.