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Question 1
Donny Defense Lawyer believes his client. He is sure that the victim was already dead when his client walked in on the murder scene. The prosecutor and Donny had a discussion at the courtroom cafeteria. The prosecutor said he was willing to reduce the charge to manslaughter if Donny's client plead guilty. Donny was angry because he knew the client was innocent. Donny tells the prosecutor, "No way! We'll see you in court!" Any problem here?
Correct In a criminal case, only the client decides which plea to enter. The lawyer serves as a consultant only. Moreover, when it comes to any settlement, the Model Rules hold that a 'lawyer abides by the client's decision whether to accept an offer of settlement of a matter' ' not vice versa (See MR 1.2(a)).Answer (b) states that the lawyer has the right to make the decision regarding settlement. (c) and (d) do not make it properly clear that the client and the client only is the decision-maker.
Incorrect! In a criminal case, only the client decides which plea to enter. The lawyer serves as a consultant only. Moreover, when it comes to any settlement, the Model Rules hold that a 'lawyer abides by the client's decision whether to accept an offer of settlement of a matter' ' not vice versa (See MR 1.2(a)).Answer (b) states that the lawyer has the right to make the decision regarding settlement. (c) and (d) do not make it properly clear that the client and the client only is the decision-maker.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
Your client insists on taking the witness stand in his defense, even though you believe he will convince the jury that he is guilty. He's a mean guy who has no respect for authority. You're sure he'll blow it and end up rotting in jail. Can you tell the judge your client is not going to testify?
Correct
Incorrect!
Correct It is the client's decision whether or not to testify in a criminal case. The lawyer must abide by the client's decision, although he can do everything in his power during consultation to convince the client this is a bad idea. (See Model Rule 1.2(a))
Incorrect! It is the client's decision whether or not to testify in a criminal case. The lawyer must abide by the client's decision, although he can do everything in his power during consultation to convince the client this is a bad idea. (See Model Rule 1.2(a))
Question 3
Say you're representing the plaintiff in a civil action regarding an environmental hazard. The plaintiff is a woman of modest means, a single mother with three kids to feed. You're excited about the prospects of winning a tremendous sum in damages for your client, and you know that a third of her damage award would serve as a good down payment on that mansion you've been eyeing. So you decide to go "all out" and bring in the best of the best as advisers on the case a Harvard Medical School professor, a top-flight engineer from M.I.T., and the most famous expert on groundwater who ever lived. Your client doesn't have the funds to pay for these experts, and she is unwilling to foot the expense without 100% assurance that they will win the case for her. You cannot provide her that type of assurance. Can you hire the experts anyway, figuring your client will be so rich when she wins the case that paying for the experts will be a "bag of shells?"
Correct
Incorrect!
Correct According to Comment [2] to Model Rule 1.2, 'A lawyer should defer to theclient regarding such questions as the expense to be incurred' in conducting litigation. A lawyer cannot spend money on experts without consulting the client, and if the client does not want to incur the expense, the client's decision trumps. This rule represents a key limitation to the lawyer's control over strategy in a case
Incorrect! According to Comment [2] to Model Rule 1.2, 'A lawyer should defer to theclient regarding such questions as the expense to be incurred' in conducting litigation. A lawyer cannot spend money on experts without consulting the client, and if the client does not want to incur the expense, the client's decision trumps. This rule represents a key limitation to the lawyer's control over strategy in a case
Question 4
You really don't want to press for punitive damages in your trespassing suit against your neighbors, the McCoys, but your lawyer thinks the jury will be very generous with you. You think your relationship with the McCoys would be irreparably harmed if you "socked it to them" for trespassing over your property. You're also concerned that the McCoys have little children to feed, and you know they're not the richest folks on earth. Your lawyer says, "Are you nuts? They ran over your beautiful orchids with their greasy tractor! You have to press for punitive damages!" Is this a matter of strategy on which you must defer to your lawyer?
Correct
Incorrect!
Correct The lawyer does not have complete control over these types of decisions. If you have concerns for third parties who might be adversely affected by a punitive damages award, it is certainly within your discretion to disagree with your lawyer and refuse to pursue the damage award. See Comment [1] to Model Rule 1.2. Here, because you are concerned with the financial welfare of your adversary, it is within your discretion not to pursue the damage award.
Incorrect! The lawyer does not have complete control over these types of decisions. If you have concerns for third parties who might be adversely affected by a punitive damages award, it is certainly within your discretion to disagree with your lawyer and refuse to pursue the damage award. See Comment [1] to Model Rule 1.2. Here, because you are concerned with the financial welfare of your adversary, it is within your discretion not to pursue the damage award.
Question 5
Your client is a proud and hardworking mother of two. She is going through a rough divorce, but is strong and has many friends and family members to help her get by. The client insists that she wants her husband out of her life completely. She does not even want alimony checks from him, even though she would probably be entitled to them. You have seen this many times before, and know that sometime down the road your client will regret not having a little extra cash to help with expenses. You now insist your client accept alimony checks she's not thinking clearly, you assume, because she's so angry with her husband. Is this your decision to make?
Correct
Incorrect!
Correct The Model Rules hold that the client only determines the goals of the representation (See M.R. 1.2(a)). The decision whether to seek alimony in a divorce proceeding is an 'objective' or 'goal' that is within the discretion of the client. As a lawyer your role is to advise your client about the consequences of not pursuing alimony, but the client makes the final decision.
Incorrect! The Model Rules hold that the client only determines the goals of the representation (See M.R. 1.2(a)). The decision whether to seek alimony in a divorce proceeding is an 'objective' or 'goal' that is within the discretion of the client. As a lawyer your role is to advise your client about the consequences of not pursuing alimony, but the client makes the final decision.
Question 6
You finally found the perfect personal injury plaintiff a wrongful death suit that you know you can win. You'll probably be able to retire on the percentage you take as a fee from the expected settlement. We're talking about the kind of damages figure that would get attention on CNN, not to mention all of the lawyer periodicals in the state. Your client does not feel the same as you do about prospective damages he just wants to demonstrate to the world that the opposition was at fault for his brother's death. You sit down with the opposition at the negotiating table. They throw out a figure that makes you laugh. You think it's a damages figure that one could be awarded for a first-degree burn certainly not for a wrongful death. You tell the opposing lawyers to go back to their client and have him give you something to chew on. Were you acting ethically?
Correct
Incorrect!
Correct 'A lawyer shall abide by a client's decision whether to accept an offer of settlement of a matter,' according to Model Rule 1.2(a). As such, you have an obligation to inform your client of the settlement offer if there is a chance he will accept. If the client told you he wouldn't accept a figure lower than '$x.00' then you do not have to inform the client if the offer is one he wouldn't reasonably accept. On the facts, there is no indication that the client would only approve a certain figure. Therefore your dismissal of the opponent's offer without a client consultation was unethical.
Incorrect! 'A lawyer shall abide by a client's decision whether to accept an offer of settlement of a matter,' according to Model Rule 1.2(a). As such, you have an obligation to inform your client of the settlement offer if there is a chance he will accept. If the client told you he wouldn't accept a figure lower than '$x.00' then you do not have to inform the client if the offer is one he wouldn't reasonably accept. On the facts, there is no indication that the client would only approve a certain figure. Therefore your dismissal of the opponent's offer without a client consultation was unethical.