| New Media | Conflicts | Communications with Third Parties | Client Confidentiality | Miscellaneous |
| 100 | 100 | 100 | 100 | 100 |
| 200 | 200 | 200 | 200 | 200 |
| 300 | 300 | 300 | 300 | 300 |
| 400 | 400 | 400 | 400 | 400 |
| 500 | 500 | 500 | 500 | 500 |
| Final Question | ||||
You learn from a Google search that a witness that your opponent intends to call attended your alma mater, NYU, and has joined a Facebook group of NYU alumni. To find out more about her, may you join the NYU group and read her profile there?
You learn from a Google search that a witness that your opponent intends to call attended your alma mater, NYU, and has joined a Facebook group of NYU alumni. To find out more about her, may you join the NYU group and read her profile there?
Yes.
May you ask to friend a represented witness in order to learn more about him or her, using your own name?
May you ask to friend a represented witness in order to learn more about him or her, using your own name?
No.
You learn that the judge assigned to your case is an old acquaintance who is one of your Facebook friends. Must you “defriend” him?
You learn that the judge assigned to your case is an old acquaintance who is one of your Facebook friends. Must you “defriend” him?
Not in New York.
The night before a trial starts you receive a list of and some basic information about a few dozen veniremen. May you ask your jury consultant to “friend” some of the potential jurors on Facebook in order to get a sense of their attitudes about issues germane to the litigation?
The night before a trial starts you receive a list of and some basic information about a few dozen veniremen. May you ask your jury consultant to “friend” some of the potential jurors on Facebook in order to get a sense of their attitudes about issues germane to the litigation?
No.
You receive your daily Groupon and it contains deals for (i) 67% off a romantic dinner for two at Captain’s Ketch and (ii) 70% off a court appearance for your next drunk driving hearing or 70% off drafting of a prenuptial agreement. Is such a deal for legal services allowed?
You receive your daily Groupon and it contains deals for (i) 67% off a romantic dinner for two at Captain’s Ketch and (ii) 70% off a court appearance for your next drunk driving hearing or 70% off drafting of a prenuptial agreement. Is such a deal for legal services allowed?
Yes.
There is a presumption that an attorney shares confidences with other lawyers at his or her firm. Name at least one way in which that presumption may be rebutted.
There is a presumption that an attorney shares confidences with other lawyers at his or her firm. Name at least one way in which that presumption may be rebutted.
1.“Demonstrating a timely and effective ethical screen ‘that fences the disqualified attorney from the other attorneys in the firm’ in connection with the case for which the conflict is alleged.” AIG v Bank of America Corp., No. 11 Civ. 6212 (BSJ), 2011 BL 316218 (SDNY Dec. 6, 2011)(BSJ).
2. Showing that the lawyer did not bring confidential documents with him to his or her new firm. (Id.)
3. Affidavits from relevant colleagues that no confidential information was shared orally. (Id.)
2. Showing that the lawyer did not bring confidential documents with him to his or her new firm. (Id.)
3. Affidavits from relevant colleagues that no confidential information was shared orally. (Id.)
Your spouse is a solo practitioner who is representing a tenant in an eviction dispute with a landlord. The Landlord asks a real estate specialist in your firm to represent him. Is the partner required to decline?
Your spouse is a solo practitioner who is representing a tenant in an eviction dispute with a landlord. The Landlord asks a real estate specialist in your firm to represent him. Is the partner required to decline?
Not necessarily.
May a lawyer that represents an officer of a corporation also represent the corporation?
May a lawyer that represents an officer of a corporation also represent the corporation?
Yes, barring any non-waivable conflict.
Where co-defendants have agreed in advance that the same lawyer may represent them, may that consent be revoked?
Where co-defendants have agreed in advance that the same lawyer may represent them, may that consent be revoked?
Yes
A law firm hires a lawyer who acquired confidential information while acting as a paralegal or legal assistant at another firm. Does the law firm have any obligation to protect the confidentiality of that information?
A law firm hires a lawyer who acquired confidential information while acting as a paralegal or legal assistant at another firm. Does the law firm have any obligation to protect the confidentiality of that information?
Yes.
You once represented Company C, but were replaced last year by a different lawyer. May you communicate directly with the former client about the subject matter of the same matter – for example, to discuss a recent opinion that may be of use in its defense?
You once represented Company C, but were replaced last year by a different lawyer. May you communicate directly with the former client about the subject matter of the same matter – for example, to discuss a recent opinion that may be of use in its defense?
No.
A lawyer who represents herself as plaintiff in a small litigation decides that the time is right to try to settle the case. Is it OK for her to pick up the phone and start a direct discussion with the defendant?
A lawyer who represents herself as plaintiff in a small litigation decides that the time is right to try to settle the case. Is it OK for her to pick up the phone and start a direct discussion with the defendant?
No.
You represent company A in negotiations with company B. You are sitting in your office one evening when the president of the company B calls you and says, “I don’t think my lawyer really gets what’s needed in clause 4 – can we just hammer it out directly to save time?” Can you do so?
You represent company A in negotiations with company B. You are sitting in your office one evening when the president of the company B calls you and says, “I don’t think my lawyer really gets what’s needed in clause 4 – can we just hammer it out directly to save time?” Can you do so?
No.
On notice to opposing counsel, you have arranged for your client and his counterpart to have a face-to-face meeting to try to settle a litigation. Can you advise your client to bring along a settlement agreement for immediate signature by the opponent if things go well?
On notice to opposing counsel, you have arranged for your client and his counterpart to have a face-to-face meeting to try to settle a litigation. Can you advise your client to bring along a settlement agreement for immediate signature by the opponent if things go well?
No.
An attorney represents the victim of an alleged crime for purposes of seeking restitution in a civil suit. The attorney knows that the defendant is represented by counsel in the related criminal proceeding, but that lawyer has not appeared in the civil action. May the attorney communicate directly with the alleged perpetrator about the subject matter of the civil suit without going through his criminal defense counsel?
An attorney represents the victim of an alleged crime for purposes of seeking restitution in a civil suit. The attorney knows that the defendant is represented by counsel in the related criminal proceeding, but that lawyer has not appeared in the civil action. May the attorney communicate directly with the alleged perpetrator about the subject matter of the civil suit without going through his criminal defense counsel?
No.
Plaintiff in a divorce/child custody case communicates with her lawyer by email, using a home computer and email account to which her children have access using a family password. Can she be compelled to produce the communications?
Plaintiff in a divorce/child custody case communicates with her lawyer by email, using a home computer and email account to which her children have access using a family password. Can she be compelled to produce the communications?
Yes.
An individual client is employed by a company that is not a client. He sends you communications while he’s at work, using his employer’s computer and email system. What duty, if any, do you have?
An individual client is employed by a company that is not a client. He sends you communications while he’s at work, using his employer’s computer and email system. What duty, if any, do you have?
You have a duty to warn the client about the risk of sending electronic communications where there is a significant risk that the communication will be read by an unintended third party.
You once represented Corporation D in connection with a certain transaction. After you cease to represent D, its accountant, who was unaware of the change, sends you confidential information pertaining to the matter you had handled for D. Do you have any duty to protect the confidentiality of the information?
You once represented Corporation D in connection with a certain transaction. After you cease to represent D, its accountant, who was unaware of the change, sends you confidential information pertaining to the matter you had handled for D. Do you have any duty to protect the confidentiality of the information?
Yes.
A lawyer suspects that a message his client asks him to send to a third party is a coded invitation to participate in illegal activity. May the lawyer disclose his concerns to appropriate authorities?
A lawyer suspects that a message his client asks him to send to a third party is a coded invitation to participate in illegal activity. May the lawyer disclose his concerns to appropriate authorities?
Yes.
In Massachusetts, a law firm associate has complained to firm management about alleged discrimination against her. Before she quits and files a Title VII claim, she uses her authorized password to access the firm’s data system to locate and copy numerous confidential documents, including communications between the head of the firm and the partner who has interfaced with outside counsel about her threat to sue. Is there an ethical problem with that?
In Massachusetts, a law firm associate has complained to firm management about alleged discrimination against her. Before she quits and files a Title VII claim, she uses her authorized password to access the firm’s data system to locate and copy numerous confidential documents, including communications between the head of the firm and the partner who has interfaced with outside counsel about her threat to sue. Is there an ethical problem with that?
Not in Massachusetts.
Your opponent inadvertently produces a privileged document. Do the Rules of Professional Conduct require you to return it unread?
Your opponent inadvertently produces a privileged document. Do the Rules of Professional Conduct require you to return it unread?
Currently, no.
You discover that opposing counsel has forged his client’s name on a verification. May you offer to overlook that if he will agree to drop his objections to your discovery demands?
You discover that opposing counsel has forged his client’s name on a verification. May you offer to overlook that if he will agree to drop his objections to your discovery demands?
No.
Your client authorizes you to use an outside vendor to help manage document storage and review. Your best friend, who is a partner at another firm, recommends a company that he’s used with great success. May you retain that company based on his recommendation?
Your client authorizes you to use an outside vendor to help manage document storage and review. Your best friend, who is a partner at another firm, recommends a company that he’s used with great success. May you retain that company based on his recommendation?
Not without more.
Your associate is a computer whiz who knows how to look behind an electronically-produced document to discover hidden metadata, such as date of creation, edits, recipients, etc. Should you allow that?
Your associate is a computer whiz who knows how to look behind an electronically-produced document to discover hidden metadata, such as date of creation, edits, recipients, etc. Should you allow that?
In New York, no.
An acquaintance hands you a top secret strategic document prepared by your opponent, and says, “Don’t ask me where I got this.” Must you notify your opponent under Rule 4.4(b)?
An acquaintance hands you a top secret strategic document prepared by your opponent, and says, “Don’t ask me where I got this.” Must you notify your opponent under Rule 4.4(b)?
Under current NY Rules of Professional Conduct, no.
An attorney wishes to state in his advertisement: “I am certified by the National Board of Trial Advocacy as a Civil Trial Specialist.” Which qualification(s), if any, is he required to add in New York?
(1) The NBTA is not a governmental authority.
(2) NBTA certification is not required for the practice of law.
(3) NBTA certification does not necessarily indicate a greater competence than other attorneys experienced in this field of law.
(4) All of the above.
(5) None of the above.
(1) The NBTA is not a governmental authority.
(2) NBTA certification is not required for the practice of law.
(3) NBTA certification does not necessarily indicate a greater competence than other attorneys experienced in this field of law.
(4) All of the above.
(5) None of the above.
An attorney wishes to state in his advertisement: “I am certified by the National Board of Trial Advocacy as a Civil Trial Specialist.” Which qualification(s), if any, is he required to add in New York?
(1) The NBTA is not a governmental authority.
(2) NBTA certification is not required for the practice of law.
(3) NBTA certification does not necessarily indicate a greater competence than other attorneys experienced in this field of law.
(4) All of the above.
(5) None of the above.
(1) The NBTA is not a governmental authority.
(2) NBTA certification is not required for the practice of law.
(3) NBTA certification does not necessarily indicate a greater competence than other attorneys experienced in this field of law.
(4) All of the above.
(5) None of the above.
(1) The NBTA is not a governmental authority.
|
|
|
|
| ||||||||||||||||||||||||||||||
|
|
|
|
|
||||||||||||||||||||||||||||||
What Would You Like To Risk?
|
|
|
|
|
||||||||||||||||||||||||||||||
|
|
|
|
|
||||||||||||||||||||||||||||||
Final Score:
|
|
|
|
|
||||||||||||||||||||||||||||||
|
|
|
|
|
||||||||||||||||||||||||||||||
Review Game Info:
You must save this address to be able to find and share your game!