Exam Rules - Professional Responsibility

Question 1

Can an attorney waive malpractice liability

Answer 1

Generally, no. Virginia allows for one exception to this rule. A client may waive their right to sue for malpractice if the attorney is the client’s employee and the client is independently represented by an attorney.

Question 2

What does the duty of competency entail

Answer 2

Legal skill, knowledge, thoroughness, and preparation reasonably necessary for the representation

Question 3

What must a contingent fee agreement explain

Answer 3

(1) how the fee will be calculated (2) how expenses for fees will be deducted (3) an ending statement explaining the outcome of the matter and the calculation of fees/expenses. The contingent fee agreement must be signed by the client.

Question 4

What is the VA rule on conflicts against interest

Answer 4

A conflict exists when a lawyer’s representation of a client will be materially limited by the lawyer’s personal interests

Question 5

When can a conflict of interest be waived

Answer 5

When (1) the lawyer reasonably believes they can provide competent and diligent representation and (2) the client agrees in writing

Question 6

When is there a conflict of interest between two clients

Answer 6

A potential conflict of interest occurs when (i) two clients’ interests are directly adverse to each other, or (ii) there is a high probability that representing one client will materially limit the lawyer’s ability to represent another; this is an objective standard

Question 7

When can a conflict not be waived

Answer 7

gross or direct

Question 8

Steps to resolve a COI

Answer 8

(1) conflicts check (2) inform clients (2) obtain consent

Question 9

When is quantum meruit recovery available

Answer 9

A lawyer is filed (1) without cause (2) on a contingency fee basis and (3) hires another lawyer who obtains recovery for them. The fee is based on the reasonable value of the services themselves, and not their benefit to the client

Question 10

What types of conduct are lawyers required to report

Answer 10

A lawyer is required to report misconduct regarding a lawyer’s honesty, trustworthiness, or fitness to practice law UNLESS the lawyer learned of the misconduct through confidential communications

Question 11

What are the forms of discipline

Answer 11

Disbarment, suspension, reprimand (statement of reproach issued by the bar)

Question 12

When does the lawyer-client relationship begin

Answer 12

When a client reasonably believes the lawyer has undertaken to provide legal service

Question 13

What is the duty of communication

Answer 13

A lawyer must keep a client informed of the status of the matter and must respond to a client’s reasonable requests for information

Question 14

What are the circumstances for mandatory withdrawal

Answer 14

(i) continued representation will violate the ethics rules; (ii) continued representation will violate other law; (iii) lawyer’s physical or mental health is impaired; or (iv) lawyer is discharged

Question 15

What are the procedural requirements for withdrawal

Answer 15

(1) notice to client and (2) court approval

Question 16

What does the duty of confidentiality encompass

Answer 16

(1) information protected by the ACP and (2) other information gained in the professional relationship that would be embarrassing or detrimental to client or that the client expressly requested to be held in confidence

Question 17

What communications are confidential when representing an organization

Answer 17

(i) the information communicated is treated as confidential within the organization, and (ii) it is communicated to the lawyer so she can represent the organization

Question 18

What steps should a lawyer take when there was an inadvertent disclosure

Answer 18

(i) immediately terminate review or use of the information, (ii) promptly notify the sender, and (iii) abide by the sender’s instructions regarding the return or destruction of the information

Question 19

When must a lawyer disclose confidential information

Answer 19

The intention of a client to commit a crime reasonably certain to result in death or substantial bodily harm to another or substantial injury to the financial interests or property of another, and the information necessary to prevent the crime

Question 20

What is the Virginia standard for clients waiver of conflicts

Answer 20

client consent after consultation

Question 21

When can a lawyer enter into a business transaction with a client

Answer 21

(i) the client consents in writing, (ii) the client is given a reasonable opportunity to seek the advice of independent counsel, (iii) the transaction is objectively reasonable, and (iv) the transaction is in writing and in terms that can be understood by the client

Question 22

Can a client waive the prohibition on a lawyer obtaining literary rights in representation

Answer 22

No, a lawyer may not seek literary or media rights based on a clients’ story until the conclusion of the representation regardless of waiver.

Question 23

Does VA allow sexual or amorous relations with clients?

Answer 23

Yes <333W

Question 24

When can a lawyer serve as an advocate and a witness

Answer 24

(i) the testimony relates to an uncontested issue, (ii) the testimony relates to the nature and value of legal services rendered in the case, or (iii) disqualification would work a substantial hardship on the client

Question 25

Are subordinate lawyers liable for acts taken at the order of a supervising attorney

Answer 25

Yes, in VA a subordinate lawyer is still subject to discipline for her own acts even when following the order of a supervising attorney

Question 26

What must a lawyer do if their client commits perjury

Answer 26

(i) the testimony relates to an uncontested issue, (ii) the testimony relates to the nature and value of legal services rendered in the case, or (iii) disqualification would work a substantial hardship on the client

Question 27

What must a lawyer do if a witness (who is not their client) commits perjury

Answer 27

If a witness other than the client offers perjured testimony, the lawyer must promptly reveal the perjury to the court