Explain the circumstances to Defendant David and if David consents, proceed to represent David alone to the best of Attorney Alice’s ability.
A. I only
B. I and II, but not III
C. II and III, but not I.
D. I, II and III
Answer:B
Explain the circumstances to Defendant David and if David consents, proceed to represent David alone to the best of Attorney Alice’s ability.
A. I only B. I and II, but not III C. II and III, but not I. D. I, II and III
Explanation: This question raises the issue of competence. As a newly licensed attorney, Attorney Alice considers herself incompetent to handle a criminal felony case. “A lawyer can provide adequate representation in a wholly novel field through necessary study. Competent representation can also be provided through the association of a lawyer established competence in the field in question.” MR 1.1 cmt. 2. “II” presents the option of association with an experienced attorney. Alice, of course, could request withdrawal under MR 1.16(a), though as we discussed in class, the court may not grant the request. So, “I” is proper. “III”, however, is not a proper option. “III” essentially asks whether a client can consent to a lack of competence. The answer is no. Consent is not an option here. So, “III” is not proper. Accordingly, the correct answer is “B.”