Deck 9: The Umbrella Duty of Integrity

Question 1

Attorney Fleamer is the Executive Director of a non-profit organization: Homes for Kids. This organization works in conjunction with state agencies that find permanent, adoptive homes for foster children. Fleamer's assistant, Paralegal Lara, suspects that Fleamer has used agency money to fund personal vacations and purchase a new personal automobile. Lara should

A) speak with the local police.
B) maintain her loyalty to her employer by saying nothing.
C) speak with Fleamer personally or, if she does not feel comfortable doing that, report Fleamer to the appropriate authorities.
D) quit. Find a new job working for more honest people.

Answer 1

C

Question 2

Betty Plaintiff's law firm has hired an associate from an out-of-town office of Defendant #1's law firm. When Defendant #2's law firm discovers this conflict of interest, they (Defendant #2's law firm) brings a Motion to disqualify Plaintiff's law firm. The ruling of the court will probably be

A) There is no problem unless the newly hired associate is working on the case.
B) Defendant #1 is the harmed party. Unless that party brings the motion,the court will not rule against Plaintiff because only Defendant #1 is potentially harmed by the conflict.
C) There is no problem because the associate is from an out-of-town office.
D) Everyone involved in the case is harmed so Plaintiff's counsel will be disqualified.

Answer 2

B

Question 3

Attorney Jones and Judge Ashford were high school "frienemies." (People who are friends and enemies at the same time.) After Ashford became a judge, Jones played a series of pranks on him including exploding indoor confetti fireworks in the judge's bathroom, leaving a threatening note in his court mailbox, and leaving anonymous threatening messages on his courtroom answering machine. Although meant to be pranks, Jones' actions may be

A) considered a crime against the court under "the rule of objectivity."
B) nothing. There is nothing wrong with this behavior.
C) prejudicial to the administration of justice if the average person would take them seriously
D) cause for disbarment
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ANSWER KEY

Answer 3

C

Question 4

Danny Lawyer conspired with Carly Client to hide over $700,000 of Client's income from the IRS over a period of years. Client forwarded her business income to Danny, who hid it in a trust account. Danny regularly withdrew cash from the account and gave the money to Client as well as made purchases for her. Danny has several partners in his law practice, one of whom is aware of Danny's business dealings with Client. As a result,

A) all of the partners (with and without actual knowledge) have a duty to report Danny's illegal activity to the proper authorities.
B) none of the partners have a duty to report Danny because his relationship with Client is protected by the attorney/client privilege.
C) none of the partners have a duty to report Danny because Danny has the duty to report himself.
D) the partner with actual knowledge of this wrongdoing has a duty to report Danny's illegal activity to the proper authorities.

Question 5

While representing himself against his landlord, Paralegal Torar filed a declaration in which he stated that he mailed his rent check on time, with a stamp on it, correctly addressed. The burden of proof to show that it did not arrive then shifted to the landlord. In fact, Torar had no present recollection of addressing an envelope or putting postage on it. Torar

A) has committed perjury by not accurately stating what he remembers.
B) has committed perjury but has not violated his duty of integrity because he was a litigant, not representing a client, when he filed his declaration.
C) has not only violated the umbrella duty of integrity, but has commited a more specific crime (perjury) by lying about remembering his actions.
D) has violated his duty of integrity.

Question 6

Paralegal Julio has been friendly with Paralegal Nextar for several months. Nextar admitted to Julio that he regularly "pads" his timesheets by adding an additional 10% to any time entry that is over 1 hour. Julio should

A) tell Julio that his policy is unethical, illegal, and is cheating the client.
B) report Nextar's timesheet padding to their supervising paralegal or attorney
C) try this policy himself.
D) report Nextar's timesheet padding to the clients who have been over-charged