Fall 13 Class 7 Quiz Annotations

1. According to social psychologist Tom Tyler, clients care most about:

A. The cost of legal services

ü B. Having their problem or dispute resolved through a fair process

Quoted in What Do Clients Want, p. 3

C. The number of the assets they end up winning

D. Obtaining a court decision that vindicates their position.

2. A lawyer can be sometimes be disbarred for failing to abide by a client's decision as to several specific topics. In a criminal case for which of the following topics is a lawyer NOT always required to follow the client's decision?

A. Whether to accept a plea bargain offer

“In a criminal case, the lawyer shall abide by the client’s decision … as to a plea to be entered” GRPC1.2(a)

B. Whether to have a jury trial
“In a criminal case, the lawyer shall abide by the client’s decision … whether to waive jury trial” GRPC1.2(a)

C. Whether the client should testify

“In a criminal case, the lawyer shall abide by the client’s decision … whether the client will testify” GRPC1.2(a)

ü D. Whether to make an opening statement

GRPC 1.2(a)”shall consult with the client as to the means”. Whether to make an opening statement is not an OBJECTIVE, it is a MEANS of reaching that objective. You need to consult with the client, and if the client feels strongly, they can discharge you and find another lawyer, but 1.2 does not require you to abide by the client’s decisions about the means to be used except for the exceptions applicable in criminal cases. See Comments [1] and [2]

E. A and C but not B or D

3. Under the Georgia Rules of Professional Conduct, a lawyer shall reveal information gained from a client if the lawyer reasonably believes such disclosure is necessary

A. to prevent serious injury

B. to prevent death

C. Both A and B

ü D. Neither A nor B

GRPC 1.6(b)(1)(ii): “may reveal” The lawyer is not required to disclose.

Watch for the following wording when reading the rules:

“Shall not” = prohibits

“Shall” = requires

“May” = permits/allows
See Scope [13], GLE p. 5

4. Assuming the New York law of evidence was the same as current Georgia law, when Armani first spoke to Garrow and Garrow's wife after Garrow was arrested for the Domblewski killing, what information would NOT have been protected by attorney-client privilege?

A. Armani's advice to Garrow not to talk with anyone.
Milich: “The attorney-client privilege protects not only the client's communications to the attorney but also the advice the attorney gives the client.”

ü B. Information Armani learned from Garrow's wife. Page 39
Attorney-client privilege, which is a component of evidence law, O.C.G.A. § 24-5-501(a)(2) (formerly § 24-9-21(2), protects communications between attorney and client, but not communication between an attorney and third parties such as Garrow’s wife. In contrast, the duty of confidentiality under GRPC 1.6 is much broader, and applies to “all information gained in the professional relationship with a client, including information which the client has requested to be held inviolate or the disclosure of which would be embarrassing or would likely be detrimental to the client”.

You must always be very careful to keep in mind the differences between “privilege” and “confidentiality” and not talk about “privilege” when you are actually referring to confidential information protected by 1.6

C. Information given by Garrow to Armani, because Armani had not yet agreed to represent him.

Milich: “The privileged relationship is formed the moment the client seeks legal advice from the attorney, regardless of whether the attorney ultimately is hired by the client.”

D. All of the above

5. Hans Solo has appeared with his client before a Fulton County superior judge to request an ex parte order of protection against domestic violence for herself and 2 year old child. This is an emergency hearing held when the petition is filed and before the respondent is served.

A. Solo must tell the judge about any Georgia Supreme Court case decision that is directly adverse to the position he is arguing.
GRPC 3.2(a)(3)

B. To his surprise, his client offers material testimony Solo knows is false. Solo cannot obtain the ex parte order without first having that testimony corrected either by himself or his client.
GRPC 3.3(a)(4)

C. His client fails to tell the judge that there is a pending petition by respondent to claim paternity of the child. Solo must inform the tribunal of that petition
GRPC 3.3(d) and Comment 14

ü D. All of the above.