Pg 4

Question 1

Under MR 1.18 even if no relationship follows a consultation, an attorney that has learned information from a prospective client can do what with that information?

Answer 1

Nothing, it cannot be revealed or used

Question 2

If an attorney got information from a prospective client, can the attorney represent a different client whose interests are adverse to that prospective client in the same or a related matter?

Answer 2

No, if the prospective client will be harmed by the info

Question 3

What is a prospective client?

Answer 3

Anyone that communicates with an attorney about possible representation

Question 4

Can an attorney share information that he has learned from a prospective client?

Answer 4

No, with three exceptions

Question 5

What are the three exceptions to an attorney being able to reveal information he learned from a prospective client?

Answer 5

– if the attorney gets disqualifying information, his firm can still represent both an affected client and a prospective client as long as he gets their informed consent in writing or takes reasonable measures to avoid exposure to more disqualifying information than necessary and gets no fee from it, then written notice is promptly given to the prospective client and the disqualifying attorney is timely screened from participation

• it is unlikely that a consultation has happened when a person gives information to an attorney in response to an ad and is just unilateral communication
• when a prospective client sends an unsolicited email directly to a firm’s website that discusses a legal problem, the firm had no meaningful opportunity to avoid the email’s receipt, so the attorney can use information from it

Question 6

If a firm represents a wealthy businesswoman, then her husband goes to the firm to get a divorce and the attorney doesn’t know about the conflict of interest, so he meets with the husband and learns damning information, then finds out about the wife - Is the firm disqualified from representing either party in the divorce?

Answer 6

The firm is disqualified unless both the husband and the wife give informed consent in writing.

Screening alone is not enough because the attorney didn’t take any precautions to minimize exposure to disclosing information when determining whether or not to represent a prospective client

Question 7

When is it likely that a consultation has happened?

Answer 7

When an attorney requests or invites information to be submitted without clear warnings and the person gives that information

Question 8

When is it unlikely that a consultation has occurred?

Answer 8

If a person gives information to an attorney in response to an ad that describes the attorney or gives his contact information, that person is not a prospective client if the communication with the attorney was just to disqualify him

Question 9

Do attorneys have a duty to take cases?

Answer 9

No they can reject work for any reason

Question 10

What is the attorney’s oath?

Answer 10

An oath that is taken when an attorney is admitted to practice law that says he will uphold the Constitution, and the laws of the state, and perform duties to the best of his ability

Question 11

What is an exception to attorney-client privilege?

Answer 11

An attorney can reveal confidential information if it relates to the representation of a client and the attorney reasonably believes he must tell to prevent a criminal act that is likely to result in death or substantial bodily harm to someone

Question 12

What are the 3 exceptions to the general rule that an attorney has no duty to serve anyone that wants his services?

Answer 12

• there is a lack of skilled counsel in the community
• the client is so unpopular that it would shut off access to counsel
• the person doesn’t have sufficient resources to get counsel on his own
• attorneys cannot refuse appointments by a court to represent someone (except for good cause)

Question 13

If a court has appointed an attorney to represent someone, what are the good cause reasons that the attorney can refuse?

Answer 13

– representing the client would likely violate the model rules or another law
– attorney believes in good faith it will impose unreasonable financial burdens on him
– the client’s cause is so repugnant that it will impair the client-attorney relationship or the attorney’s ability to represent the client
– attorney can’t handle the matter competently
– representing the client would result in improper conflict of interest or be unreasonably burdensome

Question 14

Are courts free to appoint attorneys to represent indigents?

Answer 14

Yes, all members of the bar are subject to be appointed to represent indigent litigants, and an attorney needs a compelling reason to ask to be excused from this

Question 15

What are some examples of things that are not compelling reasons for an attorney to give so that he doesn’t have to represent an indigent?

Answer 15

• that he practises in a different field
• that he believes in good faith that representing the client would seriously injure his reputation in the community
• that his present clients would be offended by him taking the case

Question 16

The court has the power to force an unwilling attorney to represent an indigent, but this should only be used when?

Answer 16

Reasonably necessary in the administration of justice

Question 17

What are some factors to consider if a court is going to appoint an attorney to represent an indigent?

Answer 17

– complexity of the case
– ability of plaintiff to investigate the facts
– existence of conflicting testimony
– ability to present his claims
– plaintiff’s ability to get counsel on his own
– marketability of his claims

Question 18

What must be considered by a court when determining if an indigent’s claims are marketable to determine if counsel should be appointed?

Answer 18

• if there is an actual market of attorneys that practice in that area
• if the plaintiff has adequate access to that market
• if the market rejected the plaintiff’s claim because he was indigent

Question 19

What are some things that would be proper reasons to reject an indigent’s case such that a court would not compel an attorney to represent the indigent?

Answer 19

Based on the merits of the claim, precedent, cost of investigating, discovery for trial, probability of recovery, attorney’s time, popularity of claims. So long as the plaintiff’s indigency was not the reason, then equal justice is not offended and the attorney cannot be compelled to represent the P

Question 20

Are attorneys permitted to take opposite positions on the same legal question in different or later cases or for different clients?

Answer 20

Yes

Question 21

An attorney represents the plaintiff against a tractor company and shows that there was a design defect that caused the plaintiff’s injury. Is it OK for the attorney to later take a case with a different tractor company that uses the same design to show that there was no design defect?

Answer 21

Yes