CA Bar Exam 練習答案: Professional Responsibility (July 1993)

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問題文

July 1993 Question 4
https://sites.google.com/site/easybarpasser/past-exams/1993#TOC-July-1993-Question-4-Professional-Responsibility-

Attorney represented Wife in an action for divorce by Wife against Husband. During the course of representation, Attorney submitted bills totaling $11,000 for his legal services to Wife. After credit for payments by Wife, the amount due on Wife's obligation was $5,000. Attorney wrote Wife a letter informing her that he would perform no further services in connection with her case until she paid the outstanding balance of her account.

In response to Attorney's letter, Wife called Attorney and informed him that because of financial problems she could not then pay past due or additional legal fees. She asked Attorney if there was any arrangement under which he would be willing to continue to represent her. Attorney stated that he would continue to represent her if she would agree to pay him for his services, in addition to the $5,000, 25 percent of any property award she would receive in the divorce proceedings. Wife told Attorney she would think about it and call him back.

Several days later, Wife called Attorney and informed him that she had decided to retain another lawyer. She asked Attorney to give her the file in her case. Attorney informed Wife that it was her right to obtain another lawyer, but that if she wanted her case file, it would be necessary for her to pay the outstanding balance of her account and sign a general release of liability. Wife said she would try to raise the money and would call Attorney back in a few days.

The next day, Husband's lawyer called Attorney to ask Attorney to withdraw from his representation of Wife. Husband's lawyer reminded Attorney that several years ago Attorney represented a now-dissolved partnership, of which Husband was a limited partner, in an unsuccessful effort by the partnership to acquire an apartment building for investment purposes. Attorney refused to withdraw.

Discuss all ethical considerations raised by Attorney's conduct.

答案