MPRE Public Service 4 — Questions and Answers
Question 1: Under Model Rule 6.3, a lawyer who serves as a director of a legal services organization must be mindful primarily of:
- The organization's tax-exempt status and reporting obligations.
- Potential conflicts between the organization's interests and those of the attorney's private clients. (Correct answer)
- The requirement to provide personal legal services to all organization clients.
- Restrictions on receiving compensation from the organization.
Correct answer: Potential conflicts between the organization's interests and those of the attorney's private clients.
Rule 6.3 addresses the situation where an attorney's role on a legal services board may conflict with duties owed to private clients.
Question 2: Attorney Park serves on the board of a legal aid society. The society plans to take a litigation position that would directly harm Park's existing private client in an unrelated matter. Under Rule 6.3, Park should:
- Recuse herself from board participation in the matter affecting her client. (Correct answer)
- Withdraw from the board immediately.
- Disclose the conflict to both the organization and the private client and seek appropriate waivers.
- Continue participating; board decisions are not 'representation' under the Rules.
Correct answer: Recuse herself from board participation in the matter affecting her client.
Rule 6.3 provides that a lawyer-director should not participate in board decisions that would adversely affect a person the lawyer represents.
Question 3: Under Rule 6.3, a lawyer serving as a board member of a legal services organization is generally:
- Prohibited from simultaneously maintaining a private practice.
- Not considered to have an attorney-client relationship with the organization's clients. (Correct answer)
- Required to pro bono represent any client referred by the organization.
- Disqualified from handling cases in the same subject matter area as the organization.
Correct answer: Not considered to have an attorney-client relationship with the organization's clients.
Rule 6.3 clarifies that serving as a director does not itself create an attorney-client relationship with persons served by the organization.
Question 4: An attorney serves on the board of a nonprofit organization that provides immigration legal services. Another board member proposes a policy that would limit services to certain nationalities. The attorney believes the policy is discriminatory. Under the Rules, the attorney may:
- Do nothing; board policy decisions are beyond the scope of professional rules.
- Vote against the policy and resign from the board if the policy is adopted. (Correct answer)
- Report the board to the state bar immediately.
- Unilaterally announce the policy will not be implemented.
Correct answer: Vote against the policy and resign from the board if the policy is adopted.
A lawyer who disagrees with an organization's policy may express that disagreement and ultimately resign if the policy conflicts with professional values, but unilateral action exceeds the lawyer's authority.
Question 5: Under Model Rule 6.4, a lawyer may serve as a director or officer of an organization involved in law reform activities. If the reform would benefit the lawyer's clients, the lawyer must:
- Withdraw from the law reform activity entirely.
- Disclose that fact to the organization. (Correct answer)
- Obtain written consent from the clients whose interests may be affected.
- Refrain from voting on any reform measures.
Correct answer: Disclose that fact to the organization.
Rule 6.4 requires disclosure to the law reform organization when the lawyer's clients may benefit from the proposed reform, but does not require recusal or client consent.
Question 6: The purpose of Model Rule 6.4 governing law reform organizations is to:
- Prohibit lawyers from using public service roles to benefit private clients.
- Ensure transparency when a lawyer's private interests intersect with law reform work. (Correct answer)
- Require lawyers to obtain court approval before joining law reform bodies.
- Limit lawyers to one public service activity at a time.
Correct answer: Ensure transparency when a lawyer's private interests intersect with law reform work.
Rule 6.4 does not prohibit participation in law reform; it requires disclosure to maintain transparency when private client interests may benefit.
Question 7: Attorney Gomez chairs a state bar committee studying eviction law reform. Gomez's firm heavily represents landlords. Under Rule 6.4, Gomez must:
- Resign from the committee due to the conflict.
- Disclose her firm's representation of landlords to the committee. (Correct answer)
- Obtain waivers from landlord clients before participating.
- Recuse herself from any votes that directly affect landlords.
Correct answer: Disclose her firm's representation of landlords to the committee.
Rule 6.4 requires the lawyer to disclose the potential benefit to her clients to the law reform organization, enabling it to manage the situation appropriately.
MPRE Public Service 4
Under Model Rule 6.3, a lawyer who serves as a director of a legal services organization must be mindful primarily of: