Kaplan Quiz 1 Flashcards
Just because you fire an attorney, does that mean that the attorney client privilege was waived?
No
If the client reveals information that was discussed in confidence with an attorney to a third-party, what does that do to the information?
It dissolves the attorney client privilege
Is it OK for an attorney to send an email to the opposing party as a cc and also include the opposing party’s attorney?
No, you should only communicate with the opposing party’s attorney, unless the attorney has consented to you communicating with the client ahead of time
If you have two defendants in the case, that are both represented by different attorneys, and they sit down to have a conference to discuss a joint defence agreement, if one party says that he committed the crime during that meeting, are his statements privileged so that the other party’s attorney cannot reveal them?
Correct. Attorney client privilege attaches to conferences for joint defence agreements
Is it permissible for an attorney to tell a witness not to speak with the attorneys for the opposing party?
Yes, but only if it is your client, family of your client, or a current employee of your client
If an employee used to work for your client, but no longer does, are you permitted to tell that former employee who may be called as a witness not to speak to the opposing party?
No, because that person no longer works for your client
Is it permissible for a judge that currently has judicial duties to run for an elected office?
No, they would have to resign from judicial office first
Is it permissible for a prosecutor to ask an unrepresented person to give up rights/waive rights?
No
If a juror is on a jury and should have been struck at the beginning because he had previous criminal conduct, and a lawyer finds out later that he should’ve been struck, must the lawyer report the contact?
Not necessarily, if the lawyer takes reasonable remedial measures in response to this misrepresentation, and has the juror removed through a peremptory challenge that is enough
Is a lawyer ever subject to discipline for not doing pro bono work?
No, pro bono work is not a requirement, it is just an aspiration
If an attorney is a partner in a firm, and the line of his expertise doesn’t really allow for pro bono work, so he chooses to have his underlings do pro bono work instead of him, is that OK?
Yes, because a lawyer that finds it not feasible to perform pro bono work can pay money instead. So by him paying for his underlings to do the pro bono work, that is him paying money instead of doing it himself
