PROFESSIONAL RESPONSIBILITY Section 01
Peter Keane
Final Examination Spring 2003


General Instructions

1. You have three (3) hours to complete the exam.

2. This is a closed book exam. No materials may be used during this exam.

3. There are 3 parts to this exam. Each part is worth 33-1/3% of your grade.

It is suggested that you spend one hour on each part.

4. Please answer all Essay questions in the Blue Books provided. For the Multiple Choice, please mark your answers on the ParScore answer sheet provided to you. Please double-space your work, written or typed.

5. Using a #2 pencil, darken the letter corresponding to the correct answer on the ParScore answer sheet. If you change your answer, please be sure that your erasures are complete. A machine will score the exam and any ambiguities will be counted as a wrong answer.

5. Write your exam number on your exam envelope, at the top of the exam question packet, and on your Blue Books. Do not use your name, student ID number or Social Security Number.

At the conclusion of the exam, return all test materials, including this exam question packet to the exam envelope and submit it to the proctor. Do not seal the exam envelope


SECTION 2 of 3     ESSAY QUESTION     1 – Hour

1. Patricia Jones and Denise Smith are co-managing partners of the law firm of Jones and Smith, which they founded and has now grown to 300 lawyers. Artie is a partner in charge of the firm’s Intellectual Property Group. Artie assigns work to 20 associates who work with him. Artie also evaluates their work and signs all legal opinions and other documents prepared by the associates in the name of the firm. During the past 2 years, Judy, one of Artie’s associates, has billed twice as many hours as any other associate. Artie saw that Judy always left work at 5:00 pm and never worked weekends. No clients had complained and Artie liked the big profit he made on Judy’s large billings. At one time, Sidney, another associate brought Artie evidence that Judy was billing false hours and Artie fired Sidney.

A group of the associates feeling that they are not properly compensated agree to leave the firm. They also plan to take with them, to their new firm, most of the important clients for whom they have worked. They plan to write individual letters to their clients and then follow-up with personal visits before they leave. They also plan on taking copies of all of their clients’ files and records with them when they go.

Discuss all issues raised by their facts. State how these issues should be resolved and why.


SECTION 3 of 3     ESSAY QUESTION     1 – Hour

2. Instant Delivery Service, Incorporated, uses vans, motorcycles and bicycles to deliver throughout San Francisco. The company policy is not to charge any fee if the pick-up and delivery is not done within one hour. The common belief is that the policy makes the company’s drivers reckless because their continued employment depends on great speed.

One rainy morning, Selena, Corporate President, and Foster, a Human Resources employee of Instant Delivery Service, Incorporated were standing across the street from the company’s main building. A delivery van, driving very fast came out of the building and struck and killed an elderly man.

Darlene, lawyer for the dead man’s family, interviews Foster and the truck driver and takes their statements about the incident. Jeffrey, lawyer for Instant Delivery, was not told of these interviews or invited to be present. Darlene also has called Selena and asked to interview her. Jeffrey has told Selena and advised his corporate client Instant Delivery Service, Incorporated, to refuse to be interviewed by anyone except in a formal deposition.

Jeffrey also wants to investigate to find out the facts surrounding the accident. He wants to prepare for litigation and to make recommendations about changing the one-hour guarantee policy. Jeffrey is also afraid that a grand jury may assemble to determine if the one-hour guarantee might support a finding of criminal negligence for manslaughter charges.

Jeffrey wants to talk to present and former employees of the company, both officers and non-officers who might know how the policy has affected safety. Darlene also would like to talk to the same people.

Discuss all issues raised by the facts. State how these issues should be resolved and why.