MPT Grading Materials July 2010 - Oregon State Bar

Multistate Performance Test
In re Hammond
Model Answer
MEMORANDUM
TO: Jane Spencer
FROM: Applicant
RE: Draft argument to support Motion to Quash (Carol Walker case)
DATE: July 27, 2010
Argument
Attorney Carol Walker May Not Be Compelled to Appear before the Grand Jury to
Disclose Her Communications with Her Client William Hammond. Both Rule 1.6 of the
Franklin Rules of Professional Conduct and Franklin Rule of Evidence 513 Prohibit Such
Testimony in This Case.
A. Rule 1.6 of the Franklin Rules of Professional Conduct Does Not Permit Disclosure
and in Fact Prohibits Attorney Carol Walker from Testifying before the Grand
Jury about Her Communications with Her Client William Hammond.
On May 10, 2010, Hammond’s building was destroyed by a fire of unknown origin. The
next day, Hammond was questioned by the Gordon Police Department regarding the fire. He
answered police questions. On May 12, Hammond retained attorney Carol Walker. When the
police re-contacted Hammond on May 14 regarding the fire, Hammond referred questions to
Walker.
On July 22, 2010, Gordon County District Attorney Shirley S. Grant subpoenaed
Attorney Walker to appear before the grand jury investigating the fire and ordered her to disclose
her communications with Hammond and all related materials. She seeks to quash the subpoena
for the reasons set forth below.
An examination of Rule 1.6 of the Franklin Rules of Professional Conduct (Rule 1.6)
leads to the conclusion that Walker may not be compelled to appear pursuant to the Gordon
County District Attorney’s subpoena to testify and produce documents before the grand jury
regarding her communications with Hammond about the fire. Such disclosure is not permitted
and is in fact prohibited by the Rule.
The protection afforded to attorney-client communications under Rule 1.6 is very broad.
It is one of the hallmarks of our legal system. Under Rule 1.6, a lawyer may not, as a general
matter, reveal information relating to the representation of a client, whether or not that
information consists of a communication between lawyer and client, and whether or not it is
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