| International Issues | Sarbanes-Oxley | Secrets | Lawyers and Clients | Judges |
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Both - dual jurisdiction.
Texas attorneys may be disciplined by the State Bar of Texas for conduct occurring in another jurisdiction if the conduct is professional misconduct under the Texas Rules. ABA Rule 8.5(a) provides that a lawyer admitted to p
You are a lawyer licensed in Texas living and practicing law in London for your company, a Dutch company called Plebian Dutch Insides. To what Disciplinary Rules are you subject?
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No. As to the audit letter itself, it would not be privileged, but the files of your counsel would be.
See United States vs. Upjohn Company, 600 F.2d 1223, 1227 n.12 (6th Cir. 1979), rev’d on other grounds, 449 U.S, 383 (1981) (“The corporation’s volu
You are general counsel for XYZ Oil and Gas Contamination and Remediation Company, Inc., a publicly traded company.
The Company made certain filing with the Securities and Exchange Commission. In preparing the letter, XYZ requested that its outside co |
No! Lawyer Luke’s information was gained from a confidential lawyer/client communication even though Alice did not hire him.
It was both privileged and confidential and could be disclosed only if one of the exceptions to the duty of confidentiality appli
Alice claims Brad assaulted her.
She contacts Lawyer Luke about representing her in a civil suit against Brad. After discussing the merits of the case, Alice hires another attorney, Doug, to represent her instead. Brad was later charged with criminal a |
No.
Client may fire lawyer at any time, with or without cause, subject only to liability for fair value of the work Attorney has already done.
Attorney’s standard employment contract provides that Client can “terminate this contract at any time upon five days’ notice and payment of a $5,000 severance fee.”
Client signs Attorney’s contract, but later becomes unhappy with Attorney because she will |
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Parmalat, Europe’s largest dairy products conglomerate.
Name the company declared insolvent in 2003 and referred to as the “European Enron.”
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No.
The SEC has adopted under Sarbanes-Oxley rules for professional responsibility for attorneys representing public companies, including: (1) requiring an attorney to report evidence of any material violation of any U.S. law or fiduciary duty to the C
Lucy is an in-house lawyer representing a public company as Associate General Counsel.
Based upon her friendship with the Chief Financial Officer’s wife, she has knowledge that the Chief Financial Officer has misstated earnings to drive up the stock pri |
Yes and yes.
Under Texas Disciplinary R. of Prof’l Conduct 1.05(e) the lawyer is required to reveal such information, whereas under ABA Model Rule 1.6(b)(1) the lawyer may reveal such information.
In Texas, is a lawyer required to reveal confidential information to the extent revelation reasonably appears necessary to prevent the client from committing a criminal or fraudulent act that is likely to result in death or substantial bodily harm to a pe
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True.
A lawyer who is a graduate of an accredited law school with a Juris Doctor or Doctor of Jurisprudence Degree may use the titles, so long as such use is not false or misleading in the specific circumstances (e.g., may be considered misleading if us
True or False. A lawyer may use in connection with his or her name the titles “Doctor,” “Dr.,” “Doctor of Jurisprudence,” or “J.D.” in social and professional settings.
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No. You would be considered a “non-appearing foreign attorney.”
The SOB §307 Rules incorporate a concept of “non-appearing foreign attorney” to address the situation of attorneys who are admitted outside of the U.S., do not give advice as to U.S. secur
You are licensed to practice law in France and work for a United States company in its Paris office.
You do not give advice as to United States securities laws and your involvement with SEC matters is either peripheral or through United States counsel. |
Yes.
The Sarbanes-Oxley rules apply to all attorneys, whether in-house counsel or outside counsel, “appearing and practicing” before the SEC. The term “appearing and practicing” before the SEC is defined to include, without limitation: (1) transacti
You are a partner for a national law firm and are outside counsel for CMB Corp., a software company.
You are not employed by the Company, but have been retained by it to offer advice on securities related matters. Are you subject to the regulations of |
No. Not without Lucky’s consent, after consultation.
Ace represents Lucky in an armed robbery case. Lucky reluctantly tells Ace that when the robbery occurred, he was ten miles away at a house of prostitution and has several witnesses who can vouch for his presence there. Is Ace free to disclose and use th
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No, since the lien was to secure Attorney’s fees and expenses.
A lawyer may acquire a lien granted by law to secure the lawyer’s fees and expenses. (ABA Rule 1.8(I)(1); Texas Disciplinary R. Prof’l Conduct 1.08(h)(1)).
Attorney represents Defendant in a criminal prosecution for drug trafficking.
Defendant offered a lien against Defendant’s home sufficient to cover Attorney’s fees and expenses. It was agreed that Attorney would assert such a lien. Defendant was tried |
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No.
Many of the SEC rules promulgated under SOB’s directives provide limited relief from some SOB provisions for the “foreign private issuer,” which is defined in 1933 Act Rule 405 and 1934 Act Rule 3b-4(c) as a private corporation or other organization
You are in-house counsel to a public company domiciled outside of the United States. Are you subject to Sarbanes-Oxley?
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No.
Mere preparation of a document that may be included as an exhibit to a filing with the SEC does not constitute “appearing and practicing” before the SEC, unless the attorney has notice that the document will be filed with or submitted to the SEC and
You are a partner for a national law firm and are outside counsel for CMB Corp., a software company.
You are not employed by the Company, but have been retained by it to offer advice on employment related issues. Are you subject to the regulations of |
Yes. Ace may reveal as much of his client’s confidential disclosures as are necessary to prove why he is not guilty of malpractice. ABA Model Rule 1.6(b)(5).
Ace defends Dud in an arson case; Dud tells Ace in confidence that he burned the building hoping to collect the fire insurance.
After careful consideration, Dud follows Ace’s advice and does not testify on his own behalf at the trial. Ace decides not to |
Attorney must withdraw from the representation.
A lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if the lawyer’s physical or mental condition materially impairs the lawyer’s
Attorney represented Client in a complex business transaction.
Attorney’s fee agreement provided that Client pay Attorney a $1,000 refundable retainer, in addition to $200 per hour for services rendered. Client paid Attorney the retainer of $1,000. To dat |
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Yes.
See Patrick McGeehan, Lawyers Take Suspicions On TV Azteca To Its Board,” New York Times, December 24, 2003, Section C, page 1: “In one of the first applications of a new provision of the Sarbanes-Oxley Act, outside lawyers for Mexico’s second-larg
You are an outside lawyer for a broadcasting company. You have contacted your Chief Legal Officer and Chief Executive Officer about the need for greater disclosure about transactions that could have yielded a profit of more than $100 million to the compan
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No. Sarbanes-Oxley does not create a private cause action.
The SOB §307 Rules provide that nothing therein is intended to, or does, create a private right of action against any attorney, law firm, or issuer based upon compliance or noncompliance with i
Does Sarbanes-Oxley provide a private cause of action for investors?
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No.
The presence of third parties does not destroy the confidentiality if the third parties were present to help further the attorney-client relationship.
During a conference with his client, Walton, there are three other persons present in Attorney’s office:
1. Walton’s accountant (there to help explain Walton’s books); 2. Attorney’s law clerk (there to help draft interrogatory answers); and 3. Attorney’s |
Yes, so long as the second representation involves a substantially unrelated matter.
(ABA Rule 1.11(a); Texas Disciplinary R. Prof’l Conduct 1.10(a)). Here, Attorney’s representation of the criminal defendant would involve a completely different matte
For several years, Attorney has acted as lead counsel on behalf of State.
A class action asbestos lawsuit had been filed against State by employees who allegedly received injuries as a result of working in State Agency. Attorney successfully defended St |
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