You’re a newly minted attorney, and you decide to take a chance and start up your own practice, although you have no real-world experience. You’re a quick learner and a tough cookie. However, you shake in your boots when a criminal case comes your way – a complex murder trial filled with intrigue and underworld doings. May you:

Refuse to take on the case
Accept the case
Accept the case and associate yourself with a more experienced attorney
Any of the above

Say your buddy insists that you represent him in his divorce. You’re a corporate securities lawyer, and tell him that you’ve never done a Family Law case before. Your friend thinks the world of your abilities, and keeps pressing for you to accept. Finally you relent, and take on the case, figuring you’ll learn as you go. Unfortunately, a big part of learning requires making mistakes, and you mess up an alimony hearing. Your friend is enraged. Since it’s his fault for taking you on, knowing that you had no experience in Family Law, are you nonetheless still subject to discipline?

Yes
No

You’re working 24/7 on a criminal trial on behalf of a defendant you’re sure is innocent. This is your first criminal case, and you have confidence that the extra hours of study and thought will pay off, for you and the client in the end. Your spouse tells you he’s never seen you work this hard – on anything before! Unfortunately, your inexperience led to a failure to focus on a piece of evidence that might have exonerated your client. The client is convicted. Because you put in a good faith effort, are you safe from the prosecution of the ethical authorities?

Yes
No

You agree to represent Manson, the plaintiff, in a tort suit alleging intentional infliction of emotional distress. He’s entirely uncooperative, and thinks the judicial system is controlled by fat idiot congressmen who care more about their hair plugs than they do the people who elect them. As you expected, Manson never shows up for his meetings with you. He even fails to provide you with information about his side of the case. Nonetheless, you press on with your representation until Manson one day starts getting snippy with you over the phone. You tell Manson you won’t do a darn thing for him or his case until he starts to play ball. The opposition in the interim files a motion to dismiss, and you refuse to respond because of Manson’s uncooperativeness. Are you subject to discipline?

Yes
No

You agree to represent George Busch in a contract claim against a co-op board. Busch promises to pay you $1000 up front and $500 in weekly installments. Busch is an oil magnate, and you’re especially glad that you found a client who won’t default on his fee obligations. Things go well at first during your initial research period, but Busch is called on by his father to help in his father’s bid election to the Imperial Senate, and he fails to pay you. You’re shocked because you had just signed a lease on a BMW. You call Busch up and he says he’ll pay, but he doesn’t. You refuse to file Busch’s complaint in the interim. You won’t go forward until Busch follows through with the fee agreement. Are you subject to discipline?

Yes
No