2-HOUR EXAM, FALL 2017 Student Exam #_______ PROFESSIONAL RESPONSIBILITY Professor Robin Morris Collin EXAM MODE: OPEN – See Instructions

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GENERAL INSTRUCTIONS

Read only this sheet before the examination begins. Do not turn the page until the exam begins.

It is the responsibility of law students to be familiar with the Student Grievance Procedure. The following acts are violations over which the Grievance Committee has jurisdiction:

A. Acquiring or divulging unauthorized information concerning the content of an examination or other graded course material.

B. Violating the time limits provided for an examination, either by beginning before the stipulated time or by answering after the time set for completion.

C. Falsely representing another’s words or ideas as one’s own, in any academic work.

D. Collaborating upon a course-required project without the authorization of the instructor.

Put exam numbers on the exam envelope before the exam begins. Put exam numbers on the blue books as you use them. Page numbers are not necessary in the blue books.

An announcement will be given in each test center to start and stop the exam, including a 5-minute warning before the end of allocated exam time. All writing and marking on exams must cease when the announcement is made that the allocated time for the exam has expired. No exceptions will be allowed. This includes writing page and/or exam numbers on your completed exam.

All used scratch paper is to be returned inside the exam envelope. All unused blue books and scratch paper are to be returned to the collection box in the lobby. All exam questions must be returned at the end of the exam unless instructions clearly state that you may keep the questions.

If you have software problems that you cannot remedy by re-booting and re-launching the Exam4 software, you must hand-write the remainder of your exam.

SPECIFIC INSTRUCTIONS

This is a two-hour exam. It consists of two parts. Part One consists of three short-answer questions, and Part Two consists of one essay question.

1. This is an open materials examination. You may bring in any written materials and consult them during the examination. You may not consult any interactive materials.

2. Answer all questions based upon the Model Rules of Professional Conduct and any class materials provided or discussed during our class.

3. Before you begin to write, read each question carefully. Be sure that you understand what the question is asking you to do, and answer all the questions that are asked. Provide a well-developed analysis using the format “Issue—Rule—Analysis” for each legal issue presented by the question. Minimally, analysis means writing an accurate statement of the applicable legal rules and principles using key words and phrases, considering the policy and purposes underlying each rule and applying these to the facts given.

4. Strict limits on writing will be applied. Abide by the writing limitations specified in each question. Additional material may be disregarded. Please enable your Word Counting software on this exam.

5. Assume that all lawyers identified in the questions below have been admitted to the mandatory bar association in their jurisdiction. Do not assume there are any additional relevant facts beyond those given. If you believe that it is essential to know additional information to answer fully any question, indicate what information you think is necessary and what difference it would make in your analysis.

FALL 2017: PROFESSIONAL RESPONSIBILITY - Prof. Morris Collin

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Part One: Three Short Answer Questions Recommended Time for Part One: One Hour Total

Word Limits Per Question

1. Defendant shot her partner in a rage over an alleged affair. Small-town, married lawyers,

Peter Smith and Delia Jones-Smith, hear about the case over coffee after church services Sunday. They have an argument about the charges against Deena. Peter thinks Deena is guilty of attempted murder. Delia thinks that Defendant is a victim not a perpetrator and shouldn’t be prosecuted at all. The next morning, Peter learns he has been assigned the case, and Delia is appointed to defend Deena by the local judge even though she knows that Delia and Peter are married. Delia wants to take the case. What is your professional advice to Delia? (350 words)

2. Kiddo Big was arrested for a misdemeanor (underage drinking). When Kiddo was arrested he told officers that his name was SR– the name of his high school rival. Lawyer knows that Kiddo Big isn’t SR because Lawyer has represented the Big family for many years, mainly in real estate and property issues. Lawyer filed an appearance in the case as representing SR and negotiated a plea to dismissal of the charges against SR, however, under the laws of this jurisdiction SR will have a criminal record unless the record is expunged. Three years later, when SR applied to college, this criminal record was revealed in a records search by SR’s preferred college that promptly denied SR admission. SR contacted you for legal advice. You contact Lawyer who offered to rectify the situation, if SR agrees not to file a bar complaint against him. What do you do and why? (450 words)

3. Gina Counsel is general counsel for Acme Corporation. She and Acme’s Chief Executive

Officer (CEO) have recently begun a sexual relationship. Gina was not concerned about the professional ethics of this affair until she began to receive complaints of the CEO’s inappropriate sexual advances to other subordinates. Now, Gina is concerned, and has asked you how she should address this situation professionally? (350 words)

FALL 2017: PROFESSIONAL RESPONSIBILITY - Prof. Morris Collin

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Part Two: Essay Question Recommended time: One hour total

Word Limit: 1250 words

Smalltown is a very small town. Larry Lawyer has a practice located there in which he does a variety of criminal and civil defense work. Currently, Larry is defending a person in a manslaughter case, and he intends to raise the defense of Guilty But Insane (GBI). The prosecution has provided him notice that it will call Dr. Drey as its psychologist who will testify that Defendant is was not under the effects of a mental disease or disorder at the time of the incident resulting in the victim’s death. Larry has decided to hire a competing psychologist, Dr. Smalls, who will testify exactly opposite Dr. Drey.

Larry also is currently defending Dr. Drey in a civil malpractice lawsuit.

Because this is a small town, and not well served by lawyers, Larry requires all of his clients to sign a consent form that specifically waives all potential and real conflicts of interest. Both Dr. Drey and Defendant have signed these forms in their respective cases.

At trial, Larry did not cross-examine Dr. Drey. He chose to rely on the strength of his own witness, Dr. Smalls.

Defendant was convicted of manslaughter at trial. Defendant has appealed his conviction on the grounds that Larry provided ineffective assistance of counsel.

Please discuss all professional responsibility related issuesraised by this question.