MPRE Client-Lawyer Relationship 3 — Questions and Answers
Question 1: A prospective client meets with an attorney for a consultation about a potential medical malpractice case but does not hire the attorney. The attorney later discovers that another client wants to sue the same doctor for the same type of conduct. May the attorney represent the second client?
- Yes, because no attorney-client relationship was formed with the first person
- Yes, but only if the attorney does not use any information from the first consultation
- No, because the attorney cannot represent someone adverse to a prospective client if information received could be used to the prospective client's disadvantage (Correct answer)
- No, because all consultations create a formal attorney-client relationship
Correct answer: No, because the attorney cannot represent someone adverse to a prospective client if information received could be used to the prospective client's disadvantage
Under Model Rule 1.18, a lawyer owes duties to prospective clients and may not represent someone with materially adverse interests if the lawyer received information that could be significantly harmful to the prospective client.
Question 2: An attorney is representing a client in a divorce proceeding. The client asks the attorney to also draft a new will leaving everything to the client's children. The attorney has never drafted a will. What should the attorney do?
- Draft the will since it is related to the overall family law matter
- Decline the representation entirely due to inexperience with wills
- Either acquire the necessary competence or refer the client to a competent attorney for the will (Correct answer)
- Draft the will and disclose the lack of experience in the document itself
Correct answer: Either acquire the necessary competence or refer the client to a competent attorney for the will
Model Rule 1.1 requires competence; a lawyer who lacks the skill to handle a matter must either acquire sufficient learning or associate with or refer the client to a competent attorney.
Question 3: A lawyer represents two co-defendants in a criminal case. At sentencing, the prosecutor offers a plea deal: one defendant gets probation if the other pleads guilty to a greater charge. The lawyer learns both defendants want to accept their respective roles. What must the lawyer do?
- Accept the arrangement since both clients consent
- Negotiate the plea deal for both clients simultaneously
- Withdraw from representing at least one client due to the direct conflict of interest (Correct answer)
- Present the offer to both clients and let them decide independently
Correct answer: Withdraw from representing at least one client due to the direct conflict of interest
When co-clients have directly adverse interests that cannot be reconciled, the lawyer must withdraw from representing at least one of them because the conflict cannot be waived in these circumstances.
Question 4: An attorney's client asks the attorney to hold $20,000 in escrow pending the closing of a real estate transaction. The attorney deposits the funds in the client trust account. The opposing party then sends a letter disputing who is entitled to the funds. What must the attorney do?
- Release the funds to the client as directed
- Return all funds to the opposing party pending resolution
- Keep the disputed funds in the trust account until the dispute is resolved (Correct answer)
- Transfer the funds to the attorney's operating account for safekeeping
Correct answer: Keep the disputed funds in the trust account until the dispute is resolved
Under Model Rule 1.15(e), when funds in a lawyer's possession are disputed, the disputed portion must be kept in the trust account until the dispute is resolved.
Question 5: A lawyer receives a document from opposing counsel that appears to have been inadvertently sent and contains privileged information. What should the lawyer do under the Model Rules?
- Review the document thoroughly before deciding what to do
- Use the document since it was voluntarily sent
- Promptly notify opposing counsel and follow their instructions or seek court guidance (Correct answer)
- Immediately destroy the document without reading it
Correct answer: Promptly notify opposing counsel and follow their instructions or seek court guidance
Model Rule 4.4(b) requires a lawyer who receives inadvertently sent documents to promptly notify the sender, and the receiving lawyer should not review the materials further pending instructions.
Question 6: A client tells his attorney he wants to commit perjury at his upcoming deposition because he fears the truth will hurt his case. The attorney advises against it, but the client insists. What must the attorney do?
- Prepare the client to testify truthfully and conduct the deposition as planned
- Withdraw from the case immediately without explanation
- Seek to withdraw, and if unable to withdraw, must not assist in eliciting false testimony (Correct answer)
- Allow the client to testify as he wishes since clients control their own testimony
Correct answer: Seek to withdraw, and if unable to withdraw, must not assist in eliciting false testimony
Under Model Rules 1.16 and 3.4, a lawyer must not assist a client in presenting false evidence and should withdraw if the client insists on perjury; if withdrawal is not possible, the lawyer must limit assistance.
Question 7: A lawyer has been representing a client for six months when the client stops responding to calls and emails. The lawyer has an upcoming court deadline. What should the lawyer do?
- Withdraw from the case immediately
- Make reasonable efforts to locate the client and proceed as best as possible (Correct answer)
- Miss the deadline since the client has effectively abandoned the matter
- File a motion to dismiss the client's case
Correct answer: Make reasonable efforts to locate the client and proceed as best as possible
A lawyer must take reasonable steps to protect a client's interests even when communication breaks down, including making diligent efforts to locate the client before any deadlines.
MPRE Client-Lawyer Relationship 3
A prospective client meets with an attorney for a consultation about a potential medical malpractice case but does not hire the attorney.
The attorney later discovers that another client wants to sue the same doctor for the same type of conduct.
May the attorney represent the second client?