Attorney practices pro bono one Saturday a month at the free legal aid clinic run by a local non-profit. Attorney’s services are given on a one-time-only basis, and all clients are informed that the lawyer will not represent the client beyond the single Saturday meeting. Last Saturday, Attorney represented Brennan Mulligan in drafting a complaint against his employer. Attorney’s law firm currently represents Mulligan’s employer in a number of ongoing cases. Which of the following best describes Attorney’s responsibilities under the Model Rules?

Attorney represented Riker in a products liability lawsuit against Corporation. Riker suffered terrible injuries that will leave him debilitated for the rest of his life as a result of a manufacturing defect in one of Corporation’s products. Attorney has repeatedly threatened to find other plaintiffs who were similarly injured like Riker and bring a very public class action lawsuit against Corporation. While it has not moved Corporation to settlement, Attorney can tell they are concerned. Riker is reluctant to talk about his injury and future debilitated life in discovery or at trial. Because he believes it is in the client’s best interest, Attorney calls Corporation’s counsel and offers that if Corporation will meet Riker’s last settlement demand, he will refrain from bringing any future claims against Corporation or disclosing any of the information obtained during discovery. Corporation’s counsel considers the offer for two days but calls back to say that Corporation declines and will take its chances at trial. Who is subject to discipline?

Attorney is working very late one night drafting a complicated contract in a telecommunications licensing deal. Attorney is tired, stressed out, and lost about how to draft some of the contract provisions. Taking a break to get more coffee, Attorney runs into the law firm’s general counsel (GC) who is also working late. GC can sense Attorney’s obvious exhaustion and nervousness. GC asks Attorney what’s got him in so late and seeming so troubled. Attorney explains that he’s in over his head on this telecommunications matter and doesn’t want to look like an idiot by getting it wrong, but there doesn’t seem to be any clear answer. Attorney also says that he has serious impostor syndrome, perpetually second-guessing whether he is a capable lawyer or just lucky no one has detected his incompetence. The GC says she can’t help on the substantive issue because that’s way outside her expertise, but she understands imposter syndrome. She confesses that back in the day she always felt so behind all her law school peers, so she fabricated part of her bar application by inventing a fake internship and a fake journal membership for her employment record. Ever since, GC has wondered whether her entire practice is based on claims of experience she never actually had. In regard to GC’s bar admission, which of the following must Attorney do to avoid being subject to discipline?

Attorney represents a client in a property dispute over ownership of a dog, originally co-owned by the client and her ex-boyfriend. Attorney is concerned that her client is becoming increasingly angry over this dispute. The client’s language regarding her ex-boyfriend has become more pointed lately. Attorney thinks it is possible that client might kill or grievously harm her ex-boyfriend or herself. Which of the following accurately describes Attorney’s Model Rules obligation:

Attorney is defending a local business, Apollo Beer Tours, in a defamation suit brought by Dominique Abra. Almost a year after the lawsuit was filed and well into discovery in the case, Attorney schedules the deposition of Ms. Abra. When they arrive at the deposition, Attorney and Ms. Abra instantly recognize each other. Attorney previously represented Ms. Abra, who was then going by her maiden name, Dominique Du. Attorney represented her in defending a fraud claim regarding the same conduct now at issue in the defamation case. Attorney accurately identifies the conflict this represents and the ongoing rule violation that would occur from continuing this representation of Apollo Beer Tours against Ms. Abra. Attorney is now drafting a motion to withdraw to submit to the court. Which of the following is true under the Model Rules?

Attorney represents a client in a contentious contract dispute. Late one evening, she receives an email from opposing counsel that appears to be an evaluation of the case and some proposed settlement offers and arguments. The email is addressed to the opposing party, not Attorney. What must Attorney do to comply with the Model Rules? 

Attorney has been hired by client Uther Industries, Inc., which seeks to file suit against a former employee for violation of a covenant not to compete. Uther would also like to file a lawsuit against the competing company, Mordred, Inc., that hired the former employee and several other employees. Attorney can locate no cause of action in the governing state law that would provide relief for Uther’s claim. Attorney’s research does reveal that other states have a claim that would cover this circumstance called “tortious interference with a business relationship.” Attorney intends to argue that the state’s general tort cause of action should provide relief to parties like Uther who are harmed in the manner alleged. Attorney believes that his state should also adopt the “tortious interference with a business relationship” cause of action, but he does not believe he will prevail given the current makeup of his state’s trial and appellate courts. Attorney notifies the client who, despite the low chance of success, would like to proceed with filing. Attorney files a complaint in the appropriate trial court alleging a tort claim against Mordred that pleads all the relevant elements of a tort claim in Attorney’s state and all the elements that would satisfy a “tortious interference with a business relationship” claim in other states. Mordred files an Answer but also submits a bar complaint against Attorney for filing a frivolous action. Has Attorney violated the Model Rules?

Attorney is a litigator licensed exclusively in State A. A long-time corporate client asks Attorney to represent the company in a complex contract dispute filed in a federal district court in State B. Attorney is not licensed in State B. Attorney immediately files a motion for admission pro hac vice with the court in State B. While the motion is still pending and before the court has issued an order, Attorney travels to State B to interview several key witnesses and review physical evidence at the client’s warehouse. Is Attorney subject to discipline?

Attorney represents Stan, the defendant in a covenant not to compete matter brought by his former employer, Fire Week Festival (FWF). During the representation, Stan confides in Attorney that he has given FWF a taste of its own medicine by filing numerous complaints with the Federal Trade Commission falsely claiming that FWF’s publications include obscenity and seditious material. Attorney is troubled by this and, in order to prevent substantial financial injury to the FWF that Stan’s acts would cause, Attorney discloses Stan’s actions to the attorney for FWF. Is Attorney subject to discipline?

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