Doubt about whether a client-lawyer relationship still exists should be clarified by the lawyer, preferably in writing, so that the client will not mistakenly suppose the lawyer is looking after the client’s affairs when the lawyer has ceased to do so.
When a Lawyer leaves a law firm, which of the following is NOT a step to be taken in giving notice to clients of the departure.
When a Lawyer leaves a law firm, which of the following is NOT a step to be taken in giving notice to clients of the departure.
Which of the following are policies that underly the regulation of the behavior of judges both in their official and in their unofficial capacities.
An assertion purporting to be on the lawyer’s own knowledge, as in an affidavit by the lawyer or in a statement in open court, may properly be made only when the lawyer knows the assertion is true or believes it to be true on the basis of a reasonably diligent inquiry.
Lawyers may NOT engage in conduct undertaken to promote diversity and inclusion without violating Rule 8.4 (g) by, for example, implementing initiatives aimed at recruiting, hiring, retaining and advancing diverse employees or sponsoring diverse law student organizations.
Under Model Rule 1.7 of the ABA Model Rules of Professional Conduct, there are NO waivable conflicts.
Which of the following is NOT covered by Rule 1.8 of the ABA Model Rules of Professional Conduct.
Model Rule 8.4 (g) would prohibit a lawyer from engaging in harassment or discrimination during the management of a law firm.
Lawyers suffer from significantly higher rates of depression and anxiety than the population as a whole.
Conduct that can reflect adversely on the fitness to practice law under Rule 8.4 includes:
To maintain the fair and independent administration of justice, lawyers are encouraged to continue traditional efforts to defend judges and courts unjustly criticized.
A lawyer should not conclude that testimony is or will be false unless there is a firm factual basis for doing so. Such a basis exists when facts known to the lawyer or the client’s own statements indicate to the lawyer that the testimony or other evidence is false.
“Confirmed in writing,” when used in reference to the informed consent of a person, denotes informed consent that is given in writing by the person or a writing that a lawyer promptly transmits to the person confirming an oral informed consent.
Which of the following are among the exceptions listed by The Code of Judicial Conduct to what constitutes an economic interest for a judge:
The model rules of professional conduct prohibit lawyers from forming limited liability companies and partnerships as a lawyer may not limit liability for malpractice or professional misconduct.
“Informed consent” denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
If a member of a firm represents client A in one matter, a member of that firm generally, may not represent client B against A in an unrelated matter even though the firm does not represent A in that second matter.
Solicitation is the subject of Rule 7.3. Solicitation differs from advertising in that it is directed to specific people.
Lawyer is retiring from the practice of law. Upon retirement, Lawyer will receive a pension plan from his firm. However, as a condition to receiving money from the pension plan, Lawyer must agree not to compete with the firm in the practice of law.
Assume that you are in a jurisdiction that has fully adopted the ABA Model Rules of Professional Responsibility. Discuss each answer fully, with citations to the model rules of professional conduct and appropriate Biblical principles that may apply.
Lawyer is a criminal defense attorney who has been hired by Client to defend Client on a State embezzlement charge. Client has been accused of stealing money from his employer and depositing it in his personal bank accounts. Client is a defense contractor and has access to classified nuclear material. While investigating the Client’s records in preparing a defense, the lawyer is given access to the Client’s e-mail account. Lawyer discovers several e-mails to a foreign national who is offering the Client money in exchange for nuclear secrets. Lawyer further discovers that the Client is in possession of the classified material and is going to turn over the material the next day to the foreign national. What are Lawyer’s ethical responsibilities? Discuss fully with citations to appropriate rules of professional conduct. Additionally, discuss any applicable Biblical principles that would apply to the Lawyer’s responsibilities.
Assume that you are in a jurisdiction that has fully adopted the ABA Model Rules of Professional Responsibility. Discuss each answer fully, with citations to the model rules of professional conduct and appropriate Biblical principles that may apply.
Lawyer is an experienced personal injury attorney who has obtained high dollar settlements and jury verdict in a number of cases around the State. Lawyer wants to expand the personal injury practice into a new city. Lawyer buys a television advertisement on the local television network that services the target city. The advertisement has a paid actor spokesperson who states as follows: “We will obtain the money that you deserve if you were injured by someone else’s negligence. We have won cases all over the State. We can get money for you!” As the actor is speaking, the following text scrolls on the screen: “–Trip/Fall sidewalk–brain injury: $5,000,000 verdict –Dog bite: $50,000 settlement –Whiplash: $2 million or more settlement.” Does this advertisement violate any ethical rules? Discuss fully with citations to appropriate rules of professional conduct.
Assume that you are in a jurisdiction that has fully adopted the ABA Model Rules of Professional Responsibility. Discuss each answer fully, with citations to the model rules of professional conduct and appropriate Biblical principles that may apply.
Lawyer is defending Client who has been convicted of a murder that the Lawyer is convinced that the Client did not commit. Client will be executed if Lawyer does not obtain exonerating evidence. While conducting an investigation into the case, Lawyer goes to the home of an individual who was also the brother of a suspect in the crime. Lawyer wanted to obtain a DNA sample from the brother as Lawyer believes that the DNA evidence will exonerate the Client. While at the house, Lawyer takes a water bottle without permission and later has it tested for DNA. Tests on the bottle later came back inconclusive. Lawyer’s Client is exonerated on the basis of other evidence. Did the Lawyer’s actions violate the rules of professional conduct? Discuss fully with appropriate citations to specific rules. Additionally, discuss any applicable Biblical principles that would apply to the Lawyer’s behavior in this case.