2019 Bar Exam Questions Legal Ethics

In the case of the Bar Association, ABCDE previously represented the law firm P in an illegal dismissal procedure on the same subject, in which the law firm was subsequently mandated by company X for robbery. As a result of the previous assignment, ABCDE`s lawyers received various pieces of information from P, which could disadvantage P and give Company X an unfair advantage. Nor is there any indication that either parties gave their written consent to ABCDE Law Office Apply In the case of the Bar Association, ABCDE represented law firm P. It is the entire law firm, including all its lawyers, that is considered the legal advisor of the P. All lawyers in the firm are therefore covered by solicitor-client privilege and the prohibition of conflicts of interest. Apply Geschädigt, P commissioned the law firm ABCDE to represent him in a case of unlawful dismissal against company X. A, a partner in the above-mentioned law firm, was assigned to deal with P. Eventually, the illegal dismissal case was dropped after an agreement between all parties, and Ps`s cooperation with ABCDE Law Office was therefore interrupted. (c) Can Attys. B, C, D and E are held administratively liable for the violation of the conflict of interest rule, even if only Atty. A, the treating lawyer, was aware of P`s involvement as a client? Explain. (2.5%) We welcome all forms of feedback to improve and improve our content and services.

Two (2) years later, Company X filed a criminal lawsuit against P for robbery based on the same events that led to his dismissal. To his surprise, P learned that Company X was represented by ABCDE Law Office in the criminal proceedings. P denounced a violation of the conflict of interest rule and filed an administrative complaint against Attys. A, B, C, D and E, the partners of the law firm ABCDE. (a) Was the conflict of interest rule violated in the present case? Explain. (3%) According to the Code of Professional Liability, a lawyer can only represent conflicting interests with the written consent of all parties involved, which is given after the full disclosure of the facts. Rule According to case law, when a law firm represents a client, it is the law firm that is engaged as a lawyer and not the treating lawyer acting on behalf of the client. Rule In the case of the ABCDE Bar Association, ABCDE Law Office is obliged to protect the interests of its client P even after the end of the assignment. Accordingly, the company should not represent company X on the same subject in order to avoid a violation of the prohibition of conflicts of interest. Apply. P was dismissed by his former employer, Company X, for alleged misappropriation of company funds entrusted to him. P stated that there was no evidence to support the same; Therefore, his dismissal was not valid.

So können Attys. B, C, D and E are held administratively liable for the violation of the conflict of interest rule. Conclusion 1. PLACE OF ACTION a. Place of Actual Actions Actions Concerning the Ownership or Possession of Real Estate or Interests (b) Does the prior termination of P`s cooperation with ABCDE Law Office constitute a valid defense against administrative costs against Attys. A, B, C, D and E? Explain. (2.5%) According to case law, the protection granted to the client is indefinite and does not end at the end of the dispute, nor is it affected by the termination of the lawyer`s employment by the client and the maintenance of another or by any other change in the relationship between them. It even survives the death of the client. Rule Let us know if there is any content that you think needs to be improved – and yes, including those that need to be updated or fixed.