Professional Responsibility For Lawyers
See if you know the rules of PR.
Questions and Answers
- 1.
A lawyer shall provide competent representation to a client. Which of the following is not an example of competence under rule 1.1.
- A.
Skill
- B.
Reputation
- C.
Knowledge
Correct Answer
B. ReputationExplanation
Reputation is not an example of competence under rule 1.1 because competence refers to the lawyer's ability to provide legal services with the required skill, knowledge, and diligence. While reputation may be a factor that influences a client's decision to hire a lawyer, it does not directly determine the lawyer's competence in providing legal representation. Competence is primarily based on the lawyer's skills and knowledge in the relevant areas of law.Rate this question:
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- 2.
What does rule 1.4 Communication say?
Correct Answer
A lawyer shall promptyl inform, reasonably consult, keep client reasonably informed, prompty comply, consult with and explain matters. - 3.
A lawyer can not tell a client the consequences of criminal or fraudulent conduct.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Under Rule 1.2, a lawyer shall not tell a client to engage in conduct that lawyer knows is criminal or fraudulent, but may discuss the consequences of the conduct.Rate this question:
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- 4.
What type of fee must be in writing?
- A.
Hourly
- B.
Contingent
- C.
All fees
Correct Answer
B. ContingentExplanation
A contingent fee is a type of fee that is based on the outcome or result of a particular event or situation. It is a fee that is only payable if a specific condition is met, such as winning a case or reaching a certain financial settlement. Due to the nature of contingent fees, it is important for them to be in writing to ensure clarity and avoid any potential disputes or misunderstandings between the parties involved. Therefore, a contingent fee must be in writing to establish the terms and conditions of the fee arrangement.Rate this question:
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- 5.
What under rule 1.5 is set up and run by the state bar to support legal services for the poor?
- A.
Pro Bono
- B.
IOLTA
- C.
Trust Account
Correct Answer
B. IOLTAExplanation
IOLTA stands for Interest on Lawyers' Trust Accounts. It is a program set up and run by the state bar to support legal services for the poor. Under rule 1.5, lawyers are required to deposit client funds into an interest-bearing trust account. The interest earned on these accounts is then used to fund legal services for those who cannot afford them. Therefore, IOLTA is the correct answer as it directly relates to the setup and running of the program mentioned in the question.Rate this question:
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- 6.
A lawyer shall not reveal any of the clients information relating to the representation unless the client gives informed consent but may reveal when....
- A.
To fix past harm caused by the client
- B.
To prevent substantial injury to the financial interest of another
- C.
To get the client to pay the lawyer
Correct Answer
B. To prevent substantial injury to the financial interest of anotherExplanation
A lawyer is obligated to maintain the confidentiality of client information unless certain exceptions apply. One such exception is when revealing the information is necessary to prevent substantial harm to someone else's financial interest. This means that if the lawyer becomes aware that their client's actions could potentially cause significant financial harm to another person or entity, they are allowed to disclose the information in order to prevent this harm from occurring.Rate this question:
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- 7.
Which are the elements of attorney-client privilege? Choose ALL that apply
- A.
Evidence
- B.
Communications
- C.
Made with the expectation of confidentiality
- D.
Written Emails
Correct Answer(s)
B. Communications
C. Made with the expectation of confidentialityExplanation
Although emails are protected by privilege, they are not an element of privilege.Rate this question:
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- 8.
Attorney client privilege protects unless.....
- 9.
A lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:
- A.
Directly adverse to another client
- B.
Significant risk one client would be materially limited
- C.
Both above
- D.
Either above
Correct Answer
D. Either aboveExplanation
A lawyer shall not represent a client if the representation involves a concurrent conflict of interest. This means that the lawyer cannot represent a client if the representation would be directly adverse to another client or if there is a significant risk that one client would be materially limited. The answer "Either above" indicates that the lawyer cannot represent a client if either of these situations exists.Rate this question:
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- 10.
A lawyer may have sexual relations with a client.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
A lawyer may have sexual relations with a client, if the sexual relationship was established prior to representation.Rate this question:
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- 11.
What rule says a lawyer shall as far as reasonably possible, maintain a normal client-lawyer relationship?
- A.
Rule 1.10
- B.
Rule 1.14
- C.
Rule 1.8
Correct Answer
B. Rule 1.14Explanation
Under Rule 1.14, a client with diminished capacity, a lawyer needs to treat the client as normal as possible. Client is still protected under Rule 1.6.Rate this question:
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- 12.
It is professional misconduct for a lawyer to:
- A.
Commit a criminal act
- B.
Assist a judge in conduct that violates the rules
- C.
Reject representation of a client
- D.
Make discounts to friends on fees
Correct Answer(s)
A. Commit a criminal act
B. Assist a judge in conduct that violates the rulesExplanation
A lawyer is expected to uphold the law and maintain professional ethics. Committing a criminal act goes against the principles of the legal profession and undermines the trust and integrity of the legal system. Similarly, assisting a judge in conduct that violates the rules is a breach of professional ethics as it compromises the fairness and impartiality of the judicial process. Rejecting representation of a client or making discounts to friends on fees may not be ideal behavior, but they do not constitute professional misconduct as they do not directly violate the legal or ethical standards of the profession.Rate this question:
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- 13.
The standard of care a lawyer should take is that of a _________ or ordinarily prudent lawyer in the ___________ or similar cirumstance.
- A.
Rational.... same
- B.
Reasonably ..... same
- C.
Reasonably.... related
Correct Answer
B. Reasonably ..... sameExplanation
The correct answer is "reasonably ..... same". This means that a lawyer should exercise the level of care that a reasonably prudent lawyer would in the same or similar circumstances. In other words, a lawyer should act in a manner that is considered reasonable and appropriate based on the standards of the legal profession.Rate this question:
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- 14.
A lawyer is not bound by the rules when the lawyer acted at the direction of another lawyer.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Rule 5.2 says a lawyer is bound regardless.Rate this question:
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- 15.
When you get a document that was sent to you by accident you:
- A.
Read it and show it to your officer
- B.
Must notify the sender
- C.
May read it & may notify the sender
Correct Answer
B. Must notify the senderExplanation
When you receive a document that was sent to you by accident, you must notify the sender. This is important because it shows respect for the sender's privacy and prevents any potential misuse or unauthorized access to the information contained in the document. Reading the document and showing it to your officer may be considered a breach of confidentiality and could lead to legal consequences. Therefore, it is crucial to inform the sender about the accidental delivery to ensure proper handling of the situation.Rate this question:
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- 16.
3.2 Requires a lawyer to make ________________ efforts to _________________ litigation in a manner consistent with the ________________ of the client.
Correct Answer
reasonable...expedite....interestExplanation
A lawyer is required to make reasonable efforts to expedite litigation in a manner consistent with the interest of the client. This means that the lawyer should put in a reasonable amount of effort to speed up the legal process while also considering the best interests of the client. The lawyer should prioritize the client's goals and objectives while ensuring that the litigation is handled efficiently and effectively.Rate this question:
- 17.
A lawyer can not bring a meritorious claim that is frivolous
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
A meritorious claim refers to a claim that has a reasonable basis in law and fact. On the other hand, a frivolous claim is one that lacks any legal or factual merit and is intended to harass or waste the court's time. Therefore, it is true that a lawyer cannot bring a meritorious claim that is frivolous, as it goes against their professional ethics and responsibilities to the court.Rate this question:
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- 18.
A lawyer lawyer must withdraw from representation when:
- A.
Client is unreasonably difficult to represent
- B.
Lawyers condition materially impairs their ability
- C.
Client commits a crime
Correct Answer
B. Lawyers condition materially impairs their abilityExplanation
When a lawyer's condition materially impairs their ability, it means that their physical or mental health is significantly affecting their capability to effectively represent their client. This impairment could hinder their ability to think clearly, make sound judgments, communicate effectively, or perform necessary tasks related to the case. In such situations, it is essential for the lawyer to withdraw from the representation to ensure that the client's best interests are served and that they receive competent legal counsel.Rate this question:
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- 19.
When selling a law practice, the seller needs to give the clients 120 days notice of sale and opportunity to obtain new counsel.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
If no response to notice is given by client to lawyer within 90 dyas notice, client consent is presumed.Rate this question:
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- 20.
Under Rule 4.1, a lawyer shall not knowingly:
- 21.
A lawyer, when not admitted to a jurisdiction, shall not establish an office or presence in a jurisdiction. What is an exception to Rule 5.5 Unauthorized Practice of law?
- A.
Pro hac vice
- B.
Cui bono
- C.
Pro tempore
Correct Answer
A. Pro hac viceExplanation
Pro hac vice is an exception to the rule that a lawyer, when not admitted to a jurisdiction, shall not establish an office or presence in that jurisdiction. Pro hac vice allows an out-of-state lawyer to practice law in a specific case in a jurisdiction where they are not admitted, with the permission of the court. This exception is typically granted when the lawyer is working on a specific legal matter in that jurisdiction and is supervised by a local attorney.Rate this question:
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- 22.
A lawyer can act as a lawyer and an accountant at the same time.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
As long as the lawyer differentiates to the client between legal and law-ralating services and explains when client-lawyer relationship does and does not exist.Rate this question:
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- 23.
A lawyer may advertise under Rule 7.2 by which of the following? Choose as many as apply
- A.
Radio
- B.
Written communications
- C.
Lawyer referral programs
Correct Answer(s)
A. Radio
B. Written communications
C. Lawyer referral programsExplanation
A lawyer may advertise under Rule 7.2 through radio, written communications, and lawyer referral programs. This means that lawyers are allowed to promote their services and reach potential clients through these mediums. Radio advertisements can help lawyers reach a wide audience and generate awareness about their practice. Written communications, such as advertisements in newspapers or magazines, can also be used to inform the public about a lawyer's services. Additionally, lawyer referral programs provide a platform for lawyers to connect with individuals seeking legal assistance.Rate this question:
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- 24.
What rule says you shall not solicit at all if the prospective client said they do not want the services?
- A.
Rule 7.2
- B.
Rule 7.3
- C.
Rule 7.9
Correct Answer
B. Rule 7.3Explanation
Rule 7.3 states that a lawyer shall not solicit professional employment from a prospective client if the prospective client has made it known that they do not want or need the lawyer's services. This rule emphasizes the importance of respecting the wishes and autonomy of potential clients, ensuring that they are not subjected to unwanted solicitations.Rate this question:
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- 25.
What is the test for whether a lawyer should refuse to offer clients testimony?
- A.
Reasonable belief client will commit perjury
- B.
Strong factual basis
- C.
Firm factual basis
Correct Answer
B. Strong factual basisExplanation
A lawyer should refuse to offer clients testimony if there is a strong factual basis. This means that the lawyer should have substantial evidence or information that supports the client's testimony. It is not enough to have a reasonable belief or a firm factual basis; there must be a strong factual basis to ensure the credibility and integrity of the legal process.Rate this question:
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Current Version
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Mar 21, 2023Quiz Edited by
ProProfs Editorial Team -
Aug 05, 2011Quiz Created by
LaurenApril416
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