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This is the Exam of Professional Responsibility which includes Land Development Case, Identities of Prospective Business, Fact Pattern Under Model Rules, Criminal Defense Attorney, Course of Private Negotiations etc. Key important points are: Honor Code Issues, Additional Legal Research, Violating Honor Code, Construction Contract, Distant Conference, Copy of Conference Brochure, Attorney Discipline Office, Conclusory Observations
Typology: Exams
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Professor Simon (^) Spring 2006
A. General
This question will constitute 1/3 of your final exam grade.
You must bring your answer with you to the in-class portion of the final exam and turn it in with your bluebook.
B. Format
Your answer must be typed. Type on only one side of a page.
You are limited to a total of 900 words (roughly three pages). You will be penalized if you exceed this limit so please be sure to use the "word count" feature of your word processing program.
With these word limitations, you must take time to organize your answer. On the take-home portion of the examination, I am expecting higher quality answers than I would expect in an in-class examination. I am looking to see how well you organize and analyze the issues raised in the question. You will get little credit for simply stating conclusions.
Your answer should be double-spaced. Use 8 x l 1 paper. Use 1 .5 inch left margins. All other margins should be 1 inch. Use 12 point Times New Roman, Courier, or Century font.
Put your exam number on the top of each typewritten page you turn in. Place a page number on the bottom of each page you turn in. The page numbers may be handwritten.
C. Honor Code Issues
l. The Pierce Law School Honor Code applies to this examination. You are to work alone. You may consult your notes, books or any other material, but you are not to talk to or work with anyone else. If you compose your exam in the library or computer center, please do not put drafts of your answers in the recycle boxes.
D. Question (75 Points)
For almost 25 years, Katherine Smith has been an attorney with Acme Corporation, the largest company in Our State. She shares office space with Jim Crane, another attorney who graduated from law school ten months ago. They have been working together in the contracting department of the General Counsel's Office (GC) since Jim was hired.
Katherine has been very helpful to Jim during his transition to the real world. In addition to the informal training that experienced lawyers often perform, Katherine has gone the "extra mile" for Jim. For example, when Jim was reviewing his first construction contract, Katherine agreed to take it home over the weekend and check his work. She found a very serious error and helped him correct it. His work on this contract led to praise from the GC and greater responsibility. Had he approved the contract as originally drafted, the corporation could have lost a significant amount of money.
Though Katherine is quite a bit older than Jim and is married with one child, she and Jim have become quite friendly. Jim, who grew up in California, has spent several holidays with Katherine and her family. A former college baseball player, Jim has agreed to coach her son's Babe Ruth League baseball team this spring.
Katherine has had a lifelong dream to visit Hawaii. She learned in November of a conference in Hawaii on a new statute that would likely be very important to her work. She applied to the GC to attend. Her request was denied. Katherine was angry and felt she deserved this trip. She had not had a promotion in quite some time and believed the refusal to let her go to an important conference showed that the new GC did not value her work.
She was complaining over lunch about this to another colleague who suggested that if she could get on a panel, the GC would have to allow her to go since the GC recently allowed another lawyer to go to a distant conference for that reason. Katherine in early December renewed her request indicating that she would be a panelist at the conference. Based on this, the GC approved the trip. Katherine went and had the time of her life. However, in reality she had not been selected for any panel at the conference.