POSSIBLE QUIZ QUESTIONS FOR CLASS 11
1. Carmen George, widow of Martin George, filed a wrongful death action in Atlanta against the Acme Bicycle Company based on the death of her husband while riding an Acme bicycle. She hired the Sheldon law firm to represent her; Acme hired the Kirk law firm to defend. Ryan Paul was an associate at Kirk and took a deposition at Grady Hospital to review medical records relating to Martin’s fatal accident. Six months later Paul left Kirk and joined Sheldon as an associate. Paul did not notify either Acme or the Kirk law firm about his new employment. Two months after joining the Sheldon firm, Paul along with his supervisor, Maria Gomez, appeared on behalf of George at a routine motion hearing to extend discovery deadlines in the case. [Hint: review BOTH GRPC 1.9(a) and 1.10(a)]
A) Paul is subject to disbarment.
B) If Gomez knew that Paul had previously represented Acme in this case, she is subject to disbarment.
C) Both 1 and 2
D) Neither 1 nor 2
2. Assume that the wrongful death suit was brought against both Acme Bicycle and the City of Atlanta and that Paul had worked on the case, not at the Kirk firm, but as a lawyer at the City Law Department. When Sheldon hired Paul, Gomez proposed to create a special employment contract with Paul. [Hint: review GRPC 1.11(a)] Gomez can continue to represent Gomez without being subject to possible disbarment if:
A) The agreement provides that Paul is screened from any participation in the George lawsuit
B) The agreement provides Paul will receive no portion of any fee earned by the firm from the George lawsuit
C) Gomez sends copies of the proposed agreement to both her own client (George) and the City one week before Paul is hired
D) All of the above
Assume that when Paul applied to work for the Sheldon firm, he told Gomez that he had been involved in George v Acme while at the Kirk firm but did not disclose any further information. Assume further that Georgia has amended GRPC 1.10 so that it is identical to the current ABA Model Rule 1.10. Can Gomez can continue to represent George if the Sheldon firm hires Paul, even over the objections of Acme, without being subject to disbarment?
A) Yes, as long as Paul is screened from any participation in the George case
B) Yes, as long as Paul receives no portion of any fee earned by the firm in the George case
C) Yes, if both (A) and (B) are satisfied
D) No, because more than (A) and (B) are required to avoid disqualification of the entire firm
4. What limitations on obtaining informed consent are specified in GRPC 1.7 but NOT also required by ABA Model Rule 1.7?
A) The client's informed consent must be confirmed in writing.
B) The client must have received in writing reasonable and adequate information about the material risks of the representation.
C) The representation must not involve the assertion of a claim by one client against another client represented by the lawyer in the same proceeding.
D) All of the above