JURI 580 Quiz 1,2,3,4
JURI 580 Quiz 1,2,3,4
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JURI 580 Quiz 1 Introduction to Professional Responsibility
- Which of the following are required of a lawyer who enters into a business transaction with a client?
- Which of the following is a method to regulate the reasonableness of a lawyer’s fees?
- Which of the following cases set a two-part test for determining when ineffective representation by an attorney requires reversal of a conviction?
- Lawyers are permitted to file a lien on the client’s case when a client refuses to pay or obtains new representation without payment to the lawyer.
- A lawyer is generally required to follow a client’s decisions concerning the goals of any representation and must consult with a client about the means used to carry out the client’s objectives.
- When a lawyer is charged with formal misconduct, the lawyer MUST be given representation by bar counsel at no cost to the lawyer.
- Which of the following is a requirement Under Rule 1.5 (e) for a referral fee to be valid?
- The rules of professional conduct are ALWAYS clear and provide direct guidance to lawyers regarding prohibited conduct during the practice of law.
- When terminating a client’s representation, the lawyer has no further duty to the client or the client’s interests.
- Contingent fee agreements must be:
- The American Bar Association (ABA) has direct disciplinary authority over lawyers for violation of the ABA Model Rules of Professional Conduct.
- A Lawyer may not represent a client if continued representation of the client would result in the violation of the Rules of Conduct or violation of the law.
- In most States, the authority to regulate the practice of law in the STATE courts, rests with the highest court in the State.
- An agreement used by lawyers to agree with a client to investigate a matter before undertaking representation is called:
- The ethical duty of competency includes knowledge of the law, skill and preparation.
- Client contacts Lawyer and requests representation. The Client was represented in a divorce action by another attorney and had been awarded a substantial judgment for alimony. The Client’s ex- spouse has not paid the court ordered alimony. Client wishes to retain the Lawyer to collect the alimony. Lawyer agrees to represent the client for 25% of the gross amount recovered by the Lawyer.
- As fiduciaries to their clients, Attorneys have a duty of loyalty, confidentiality, and competence when representing clients.
- The rules of professional conduct ALWAYS require attorneys to report the SUSPECTED misconduct of other attorneys.
- Which of the following is a term used in the common law to refer to the purchase of a portion of a lawsuit?
- It is generally unethical for a lawyer to demand that a client sign a release of liability as a condition of releasing the client’s file after non-payment.
- The Sixth Amendment prohibits a lawyer from disclosing information regarding a client’s threat to commit imminent harm against another person.
- Lawyers CANNOT, under any circumstances, ethically limit their liability for malpractice.
- Clients have the authority to make ultimate decisions about their cases. This authority extends to all of the following, EXCEPT:
- A variety of sources govern the regulation of lawyers, these include court decisions, statutory law, the Rules of Professional Conduct and:
- The ABA Model Rules of Professional Responsibility is a Model Code of Conduct that individual jurisdictions may, but are not required, to adopt in whole or part?
JURI 580 Quiz 2 Confidentiality/Conflicts of Interest
- Lawyers may use cloud computing, e-mail or other electronic forms of data collection and storage.
- Rule 1.7(a) prohibits concurrent conflicts of interest.
- Attorney client privilege may be waived.
- Lawyer was contacted by two potential clients for representation on reckless driving charges. Both Clients were traveling together on two separate motorcycles when they were each clocked on police RADAR traveling 86 miles per hour in a 45 mile per hour zone. The police officer stopped both clients. The clients were traveling together, coming from the same location and were going to the same location. Lawyer may ethically represent both clients in their upcoming case.
- The Model Rules of Professional Conduct prohibit the appearance of professional impropriety during the course of representation of a client.
- Under Model Rule 1.8(f) an attorney may not accept compensation from a third party unless which of the following conditions are met:
- A Lawyer can NEVER represent a client on a matter that involves suing a former client.
- Generally, lawyers are permitted to ethically serve as counsel in a case where they will also serve as a witness.
- The attorney-client privilege may be invoked with respect to a communication:
- Advantages of multiple representation include:
- Associate attorney, fresh out of law school, has been hired by a law firm. The managing attorney in the law firm instructs the associate attorney to obtain new business for the firm. The associate is instructed by the managing attorney to go to the local hospital and identify individuals who have been injured in automobile accidents and to personally give them a business card from the firm. Which of the following is true?
- Which of the following Federal Rule of Civil Procedure governs class action lawsuits?
- A lawyer MAY reveal confidential information gained during representation of a client, if the disclosure involves an allegation made against the Lawyer by the Client during a professional disciplinary proceeding.
- The language of the Model Rules of Professional conduct contains an explicit exception to the duty of confidentiality for matters of public information.
- Which of the following Model Rules of Professional Conduct codifies the substantial relationship test developed by Judge Weinfeld in T.C. Theatre Corp. v. Warner Bros. Pictures, Inc.
- There are NO exceptions to the attorney work product doctrine.
- In general, a lawyer can ethically act as an advocate in a case, even if the lawyer is going to be called as an important witness in the case.
- Which of the following federal cases outlines protections to communications by corporate employees to corporate counsel?
- Lawyer represents client in a contentious child custody manner. During the representation, Client tells Lawyer that he intends to kill his wife and children the next morning and then will commit suicide. Lawyer immediately informs the counsel for the wife and contacts law enforcement authorities. Which of the following are true:
- Lawyer has the right to refuse to call a witness whom the Lawyer has reason to believe will commit perjury, despite the Client’s insistence that such witness be called.
- Which of the following allows separately represented defendants to coordinate their defense and to share information without the loss of the attorney client privilege?
- The ethical obligations of lawyers regarding false testimony in criminal cases differ greatly from those in civil cases, and Lawyers are afforded much more flexibility to allow testimony in civil matters.
- Almost all of the duties set forth in Rule 3.3 depend on whether the lawyer has knowledge that the defendant intends to or has testified falsely.
- Lawyers are subject to discipline if they advise a Client that particular conduct violates the Law, if the Client uses that information to engage in further criminal activity.
- What was the name of a leading case dealing with the work product doctrine?