Conflicts of Interest
Which of the following statements regarding the ethical obligation under the Model Rules of Professional Conduct of a lawyer who represents a corporation is FALSE?
A. The lawyer represents the corporation, not the corporation's constituents (e.g., officers, directors, employees).
B. The lawyer cannot represent both the corporation and an employee
C. The lawyer who knows of a violation of the law that will likely result in substantial injury to the corporation may refer the matter to the highest authority of the corporation
D. If the organization does not correct a violation of the law, a lawyer is permitted to resign by "noisy withdrawal."
B. The lawyer represents both the corporation and an employee
Which of the following statements regarding the lawyer-client relationship is TRUE?
A. A lawyer is generally not under a duty to accept representation of a client
B. A lawyer does not have a duty to reject to a client
C. Court appointments may never be declined
D. Court appointments may only be declined if representation would violate a rule of professional responsibility.
A. A lawyer is generally not under a duty to accept representation of a client.
Which of the following statements regarding fee sharing agreements is FALSE?
A. The overall fee must be fair to the client.
B. Fees can be shared with both lawyers and non-lawyers
C. The referring lawyer must provide services or joint representation in connection with the case
D. The referral fee must be disclosed to the client.
Which of the following may a court attorney disclose?
A. Any information protected by the duty of confidentiality
B. Any information subject to the attorney-client privilege
C. Any information protected by the duty of confidentiality that is not subject to the attorney-client privilege
D. Any information subject to the attorney-client privilege that is not subject to the duty of confidentiality
C. Any information protected by the duty of confidentiality that is not subject to the attorney-client privilege.
Which of the following theories may NOT serve as a basis for a malpractice action against a lawyer?
A. Breach of Contract
B. Violation of the Rules of Professional Conduct
C. Breach of a Fiduciary relationship
D. Commission of an intentional tort
B. Violation of the Rules of Professional Conduct
In which of the following circumstances may a lawyer represent opposing parties in the same lawsuit?
A. Both parties give their informed consent
B. The lawyer believes that his representation of each party will not be adversely affected
C. There is no risk of revealing confidential information
D. A lawyer may never represent opposing parties in the same lawsuit.
D. A lawyer may never represent opposing parties in the same lawsuit.
Which of the following is the key to the existence of a lawyer-client relationship?
A. Payment of a fee by the client
B. Entering into an agreement between the lawyer and the client
C. Explicit acceptance of the client by the lawyer
D. A reasonable belief by the client that a lawyer-client relationship exists
D. A reasonable belief by the client that a lawyer-client relationship exists.
Which of the following statements regarding a contingent fee for a lawyer's services is FALSE?
A. The contingency fee arrangement must be in writing
B. The contingency fee arrangement must be signed by the client
C. The contingency fee arrangement must include the calculation methodology for the fee and expense
D. Contingency fee arrangements are permitted in all cases
d. Contingency fee arrangements are permitted in all cases
Which of the following Statements regarding the Work-product doctrine is FALSE?
A. The work-product doctrine protects documents prepared for use in connection with a client's case
B. Work product is generally not subject to discovery
C. A court may order a lawyer to disclose the work product if there is a substantial need for the information and no other means to gather the information without undue hardship.
D. Work product includes everything subject to the duty of confidentiality
D. Work product includes everything subject to the duty of confidentiality
Which of the following statements regarding a lawyer's professional competence is FALSE?
A. lawyers have a duty to be competent.
B. A client must suffer damages to show that a lawyer violated the ethical obligation to provide competent representation
C. A lawyer must decline representation if the lawyer is no competent to represent the client or cannot become competent without unreasonable delay
D. A lawyer must inform the client when the lawyer has made an error
B. A client must suffer damages to show that a lawyer violated the ethical obligation to provide competent representation
Which of the following is NOT a requirement for a firm to avoid imputed disqualification with respect to an incoming lawyer who has a conflict of interest?
A. The lawyer is immediately screened on the matter
B. The lawyer does not receive any part of the fee earned by the firm from the matter
C. The client is notified
D. The client consents
D. The client consents
Which of the following statements regarding a lawyer's representation of a client is TRUE?
A. a client under a disability must always have a guardian
B. The scope of representation can always be limited by the lawyer as long as the limitation is conveyed to the client.
C. A client and a lawyer may agree to limit the scope of the lawyer's representation
D. A lawyer cannot discuss any aspect of a client's intention to commit a future crime
C. A client and a lawyer may agree to limit the scope of the lawyers representation.
Which of the following is NOT required for a lawyer to take payment in the client's stock or by a mortgage on the client's property?
A. The agreement to do so must be in writing
B. The arrangement must be fair and reasonable
C. The client must be informed in writing of the prudence of retaining independent counsel to review the transaction.
D. The property must be the subject matter of the litigation
D. The property must be the subject matter of the litigation
Which of the following statements regarding the attorney-client privilege is FALSE?
A. It applies to physical evidence of a crime given to the lawyer by the client
B. It covers testimonial communication made by the client to the lawyer
C. It requires that communications made by the client to the lawyer be made in confidence
D. It does not apply to disputes between the attorney and the client, such as a dispute over fees.
A. It applies to physical evidence of a crime given to the lawyer by the client
Which of the following statements regarding a lawyer's liability is FALSE?
A. A lawyer can be liable to a third-party beneficiary
B. A lawyer can be liable to a third party for unauthorized acts
C. A lawyer can be liable for malicious prosecution even when the claim is supported by probable cause
D. A lawyer can limit malpractice liability through settlement if the client is represented by independent counsel.
C. A lawyer can be liable for malicious prosecution even when the claim is supported by probable cause
Which of the following is NOT part of the test to determine whether a conflict exists between a current and former client?
A. The scope of the prior representation
B. The lawyer actually obtained information from the prior representation
C. The lawyer could have obtained information from the prior representation
D. The information would be useful to the current litigation
B. The lawyer actually obtained information from the prior representation
Emily previously represented building owner Sunil in various landlord-tenant disputes. Sunil e-mails Emily and says he wants her to represent him in a new dispute with a tenant. Emily and Sunil meet and spend a few hours discussing strategy. Emily never expressly accepts or declines the case during the meeting.
Is there an attorney-client relationship between
Yes !
Is Nate subject to discipline?
A. Yes
b. No
A. Yes
Which of the following is NOT a circumstance in which a lawyer is permitted to reveal confidential information?
A. The client consents
B. To prevents death or substantial bodily injury
C. To prevent the client's future criminal act unrelated to the lawyer's service
D. To settle a dispute between the lawyer and client
C. To prevent the client's future criminal act unrelated to the lawyer's service
Yvonne hired Luther to draft a will that left a substantial financial sum to her best friend, Bonnie. Unfortunately, Luther was not aware that state law required two witnesses, and Yvonne signed her will in front of only one witness. When Yvonne died, the will was held invalid and Bonnie received nothing.
Does Bonnie have a malpractice claim against Luther?
A. No, Because Bonnie was not Luther's client
B. Yes, Because Bonnie was intended to benefit form Luther's services
b. Yes, because Bonnie was intended to benefit form Luther's services.
A conflict of interest may exist in which of the following circumstances?
A. A lawyer represents a client in a case in which the opposing party is represented by the lawyer's spouse.
b. A lawyer has negotiated to acquire the client's "story rights" after the conclusion of the representation.
C. A lawyer has a pre-existing sexual relationship with a client
D. A lawyer drafts a will for her father in which the lawyer is the primary beneficiary
a. A lawyer represents a client in a case in which the opposing party is represented by the lawyer's spouse.
Yolanda regularly reviews vendor contracts for ComCorp. A few months ago, they agreed that Yolanda would bill $500 per contract, but they have not had any conversations about fees lately. On Wednesday, Yolanda receives a contract from ComCorp, does the work, and then bills them $500. On Thursday, Yolanda receives a contract from ComCorp that is twice the normal length. She does the work and then bills ComCorp $1,000, with an explanation that the contract was unusually long.
Assuming both amounts are reasonable, is Yolanda subject to discipline?
A. No, because ComCorp is a regularly represented client
b. yes, for her actions on Thursday only
C. Yes, for her actions on both Wednesday and Thursday
B. Yes, for her actions on Thursday only
Ronnie, who works in a busy office building, is representing Martin in a divorce. Martin asks Ronnie to hold various stock certificates in advance of handing them over to his wife. Ronnie puts the certificates in an envelope labeled “Martin’s Stock Certificates” and keeps the envelope on top of his desk in his office. Unfortunately, the certificates are stolen.
Is Ronnie subject to discipline?
A. Yes
B. No
A. Yes
Hank visited his lawyer, Gemma, and they discussed a sensitive legal matter in Gemma's office They reasonably believed that no one else was in the office. However, Paul was hiding behind a curtain and heard everything.
Can Hank assert the attorney-client privilege to prevent
A. Yes
B. No
A. Yes
Kristen misses a statute of limitations in Howard’s case, and Howard gets very upset. Kristen wants to resolve the matter quickly and quietly, so they meet in her office and she gives Howard a written offer for $50,000 in exchange for his promise not to sue her for missing the statute of limitations. The offer letter advises Howard to seek the advice of an independent lawyer about the settlement. Kristen tells Howard that the offer is only valid for 24 hours. Howard accepts the offer on the spot.
Is Kristen subject to discipline?
A. Yes, because Kristen said the offer was only valid for 24 hours
B. Yes, because Howard was not not independently represented in the settlement
C. No, because Howard had not yet filed a malpractice claim
D. No, because Kristen advised Howard in writing to seek independent counsel.
a. Yes, because Kristen said the offer was only valid for 24 hours.