Negotiator’s Duties to Client - Model Rule 1.4 Self-Quiz










An attorney’s duty to his client is controlled by:
Choice 1 Model Rule 1.4
Choice 2 Model Rule 2.1
Choice 3 Both Rule 1.4 and Rule 2.1
Choice 4 Neither of these Rules covers an attorney’s duties to his client.
Which of the following is NOT required of an attorney under Model Rule 1.4?
Choice 1 Consult with the client regarding ways and means of accomplishing the client’s goals.
Choice 2 Explain matters and events to the client in order to allow client to make informed decisions.
Choice 3 Make final decisions on the client’s behalf as to the acceptability of settlement offers.
Choice 4 Keep the client “in the loop.”
John Motti is an importer/exporter who has recently been sued by Tony Alto. Alto claims Motti never delivered the goods promised under an oral contract between the two. Motti tells his attorney that he in fact never delivered the goods. He then tells his attorney to deny any breach of contract and show a fake bill of lading as evidence to Alto’s attorney during negotiation settlements. What should the attorney do?
Choice 1 Refuse to lie to opposing counsel, but not tell Motti.
Choice 2 Consult with Motti as to the limitations imposed by the Model Rules and try to agree on some other strategy with his client.
Choice 3 Send his paralegal, unsupervised, into the negotiations.
Choice 4 Ignore the case and hope it all just goes away.
Swiffer is a named partner at Swiffer, Drey & Klein who has practiced law for over 30 years. Carwin is one of his oldest clients and also a close friend. Swiffer has handled literally hundreds of cases for Carwin, who seems to attract the more litigious citizens of their state the way California attracts would-be actors and actresses. While engaged in negotiations on behalf of Carwin, in what could turn out to be a very costly suit, opposing counsel suddenly offers take-it-or-leave-it settlement terms which are almost too good to be true. Thinking this will make a wonderful surprise for his old friend Carwin, Swiffer accepts the deal on his friend/client’s behalf. Swiffer plans to announce the news tonight at Carwin’s surprise 60th birthday party. If Carwin hates surprise parties and is put in a particularly bad mood by the well-intentioned effort on his wife’s part, what is the worst case scenario for Swiffer when he then announces news of the settlement agreement to Carwin?
Choice 1 Carwin can repudiate the settlement agreement.
Choice 2 Carwin can file a complaint with the state’s bar association for Swiffer’s violation of Rule 1.4.
Choice 3 Neither A nor B
Choice 4 Both A and B
Arnold and Willis are siblings who are also partners in a law firm. They regularly handle cases together, finding this to be the most time-efficient way for them to provide their services, and also the most effective way to serve their clients, who then get the benefit of their total experience. On January 13th a client, Franklin, emails and asks Arnold for an update on his case. Arnold is going out of town but leaves a note on Willis’ desk to call the client. The note accidentally falls off the desk and into the garbage, so Willis never sees it. On February 15th, the client calls and leaves a message for Arnold on the firm’s voice mail. When Arnold gets the message he emails Willis the following:
“Did you take care of Franklin?”
Thinking that Arnold is referring to a recent filing in the case which was due on the 10th, Willis answers in the affirmative. On March 5th, Franklin shows up at the office and demands his files, saying that he is giving the case to another attorney. What are the possible consequences for the brothers?
Choice 1 Rule 1.4 sanctions.
Choice 2 Rule 5.3 sanctions.
Choice 3 Criminal charges for negligence.
Choice 4 None of the above.

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