Barbri Practice Test Questions Flashcards
Can a lawyer give himself a gift in a will that he is drafting for a client?
ABA Model Rule 1.8(c), which generally prohibits a lawyer from drafting a will under which he will receive a substantial gift, unless the client is a relative.
What must a lawyer do if he receives information indicating a substantial likelihood that a lawyer has violated a legal ethics rule?
MUST take “appropriate action.”
Can a lawyer quit representation after being ordered to continue by a tribunal?
When ordered to do so by a tribunal, a lawyer must continue representation notwithstanding good cause for terminating the representation
Is their any circumstance where an attorney can communicate with a juror about the case, during the trial?
During the trial of a case, no lawyer, whether or not connected with the case, is allowed to communicate with a juror about the case.
Does a lawyer have to manage his client trust account himself?
No, he can have a nonlawyer manage it so long as he makes reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer.
If an attorney turns away a prospective client and the SOL is nearing, does the attorney have to warn the prospective client?
Generally yes, but not if the cautionary word to the prospective client would be disloyal to an existing client (the prospective client is trying to sue the current client).
When a lawyer is fired, do they have to return stuff to the client?
When a lawyer is fired, he must return all “papers and property to which the client is entitled.” [ABA Model Rule 1.16(d)] In this case, the client is entitled to all the papers the lawyer has prepared. Under the law of many states, an attorney can assert a lien on client papers in her possession to secure the payment of her fee, but here the client has paid the lawyer for all the work the lawyer did.
What are the rules on contingency fees in domestic disputes?
The ABA Model Rules flatly prohibit a lawyer from using a contingent fee arrangement when the payment of the fee is contingent on the securing of a divorce or an amount of alimony or support (or property settlement in lieu thereof). The Rules do not, however, prohibit a lawyer from using a contingent fee to recover money that is past due under a child support order.
What if a lawyer is working on a transaction and finds out it is fraudulent?
ABA Model Rule 1.2 states that a lawyer must not counsel or assist a client in conduct that the lawyer knows is criminal or fraudulent.
If a lawyer is criminally or civilly charged based upon conduct in which the client was involved, must he follow normal rules of confidentiality?
A lawyer may disclose a client’s confidence “to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved . . . .” [ABA Model Rule 1.6(b)(5)] Although the lawyer must wait until the assertion of misconduct arises, he need not await the filing of a formal charge or complaint. The lawyer may defend himself by responding directly to a third party who has made such an assertion.
What if an attorney is thinking about introducing evidence that he reasonably believes to be false- i.e. testimony that the witness promises is true, but seems fishy?
Attorney MAY refuse to offer it, but attorney is not required unless he has actual knowledge of its falsity.
