Spring 2015

Professor JC Lore
Professional Responsibility Examination
TIME ALLOTTED: 4 Hours
EXAM INSTRUCTIONS:
By the act of submitting your exam electronically, you will be deemed to have certified that you have neither
given nor received any unauthorized assistance in taking the exam. Any violation of the examination rules will
be subject to action under the Law School Code of Student Conduct.
1. This is a web-administered examination. You must access the examination via the Exam Link on the course
website, and upload your answers within four hours after downloading the questions.
2. The exam will be available for download beginning at 10 a.m. on Thursday, April 30 and your answers
must be uploaded no later than 3 p.m. on Tuesday, May 12. To ensure that your grades are finished on time,
graduating seniors are requested to finish no later than 3 p.m. on Thursday, May 7. You may take no more
than four hours to complete your work on this examination.
3. Submission Logistics: If you experience difficulty submitting your exam via the course webpage, please alert
examhelp@camlaw.rutgers.edu. You should then send your exam (as an attachment) to
lawexamsend@camden.rutgers.edu. Be sure to include the name of the course and your exam number (if
applicable) in the subject line. You should only use this backup method if you are having a problem with the
normal system AND you have sent an email to examhelp@camlaw.rutgers.edu identifying the problem.
SPECIAL INSTRUCTIONS:
This exam is open book. That means that you may use the course treatise, your rule book, your outlines, outlines
prepared by other students, your class notes, and commercial materials. You may not consult with another
person (human or electronic) during the exam.
If anything in the problems is unclear or you need additional information, explain the missing or ambiguous
point or any assumptions you have made, and continue your answer.
Answers that are well organized and well written will receive more points. I strongly recommend that you take
the time to outline your answers carefully before you write and leave time at the end for review and editing. If
you run out of time, write a summary or outline of the remainder of your answer so that you get credit for the
substance of your ideas. Length of an answer confers no advantage. Clarity and organization confer an
advantage. So decide what you want to say before you start writing.
You are to answer the questions under the Model Rules of Professional Conduct. You should refer to the
relevant rule number and/or use the language of the rule (or an accurate paraphrase).
Be sure to number your answers. If a question has subparts (e.g., a or b), indicate what subpart you are
addressing.

EXAM QUESTIONS

The following problems raise a number of ethical issues. For each problem, identify the ethical issue(s), and
whenever possible, evaluate the issue from both sides, including potential position(s) and bases, and, to the
extent possible, explain how it/they ought to be resolved. If you need more information in order to resolve the
issue, explain what more you would need to know and how that information would affect the way the issue
ought to be resolved.
Be sure to number your answers to correspond to the numbered paragraphs below so I can tell what issue you
are addressing. Where a paragraph has subsections, please so designate your answer.
1. You represent Ross Easterfield. He has confessed to you that many years ago, he committed a murder
while acting alone. He knows that Chris Jones is about to be sentenced to life in prison for the murder.
You discuss the issues with him and he says that he is not going to tell the police. He also tells you that he
is feeling extremely depressed over this situation. He has told you that he blames the police and wants to
place a bomb at the police station. He believes that if the police were not so incompetent, he would not be
in such dilemma. Can you tell the prosecutor about Ross confession to the murder? Can you tell anyone
about anything Ross has told you?
2.
a. Ross and Lee Marlow share a cab home from the airport after a business trip for the NITA City
Athletic Club. The cab crashes into another car. Lee and Ross are injured. Ross and Lee want you
to represent them in the matter suing the driver and the Always Available Taxi Company. Can you?
b. Two months after the litigation has commenced, Bob Smith joins your firm. He worked at another
firm in town that represented Always Available Taxi Company. How should the firm handle this
situation?
c. You decide to represent both Ross and Lee. Three months after the complaint has been filed, Ross
tells you that Lee was flirting with the cab driver when the accident happened. Does that change
anything? If so, how and what should you do?
d. About 1 year after Bob Smith becomes part of your firm, you get a little suspicious of his behavior.
You review the firms trust account (the account where client funds are stored) and notice that Bob
has been withdrawing money on those accounts when there is no reason to do so. When you go to
confront him late one night, you see that he is doing cocaine on his desk. What should/must you
do?
e. You get fed up with your firm and leave. At your old firm, one of your clients was Coca-Cola, Inc.
Your new firm represents Pepsi, Inc. Since you are very familiar with the soft drink industry, you
want to do work for Pepsi, Inc. Can you and what are the issues?
3. You represent Joe Mitchell. Joe is discussing the future trial with you. He tells you that he wants the case
tried as a referendum on the rights of men in our society. As part of that strategy, he wants you to
introduce evidence of the death of his first wife so he can explain how the police unfairly and groundlessly
accused him even though there was no evidence of his guilt. You strongly believe that this strategy is
unwise and likely to lead to his conviction. You also believe it is best for him not to testify and have told
him that if he testifies you believe he will be found guilty. He is insistent on testifying and has ordered you
to pursue the strategy outlined above. What should you do?

4. You represent Ross Easterfield. It is 2 years after the incident with Jesse and 1 week prior to trial. He
comes to your office for an interview and discloses that there is a witness he has found. His name is
Terrance Mosely. Ross tells you that Terrance is a handyman who was at the house on the day Jesse stole
the brooch. You interview Terrance who tells you that he was standing outside the door of the library when
Ross and Jesse were talking about the brooch and Ross never raised his voice or called her a thief.
Terrance then tells you in private that he has hired an attorney to represent him in this matter. The day
before trial, you want to interview Terrance again. You do not feel confident about what Terrance told you
and feel like he is probably not telling the truth, but Ross is ordering you to put on this witness. What can
and should you do?

END OF EXAM