Professional Responsibility

Question 1

The Rules of the Virginia Supreme Court authorize the imposition of sanctions, including:

Answer 1

striking pleadings, staying further proceedings, and dismissal.

Question 2

Under Virginia Statutory law, the Court may impose sanction on

Answer 2

its own initiative, without request from a party, which shall include reasonable expenses, attorney’s fees, and costs charged to the offending party or counsel.

Question 3

Under Virginia Statutory law, insulting language directed toward a Court or misbehavior of an officer of the court in his officer capacity, are

Answer 3

both grounds for finding someone guilty of contempt.

Question 4

Any Virginia Judge may prohibit any lawyer from practicing in

Answer 4

his or her court as a sanction.

Question 5

The Virginia Cannons of Judicial Conduct say that when a Judge has knowledge of an ethical violation that reflects on a lawyer’s

Answer 5

honesty, trustworthiness, or fitness to practice law, he or she should inform the Virginia State Bar.

Question 6

A lawyer may not knowingly make a _____ statement of fact or law to a tribunal.

Answer 6

false

*the rule regarding candor toward the tribunal

Question 7

When a lawyer knowingly makes a false statement of fact or law to a judge, he or she has certainly violated the rule regarding

Answer 7

candor toward the tribunal.

For your reference, this rule can be found in the Virginia Rules of Professional Conduct, Rule 3.3. It says, “A lawyer may not knowingly make a false statement of fact or law to a tribunal.”

NOT any of these:
The rule regarding meritorious claims and contentions
The rule regarding fairness to the opposing party
The rule regarding conflicts of interest
The rule regarding lawyer disqualification

Question 8

A lawyer may not bring or defend a proceeding, or assert or controvert a legal issue, unless

Answer 8

there is a good-faith basis for doing so that is not frivolous.

*The rule regarding meritorious claims and contentions

Question 9

A lawyer must not conceal

Answer 9

a document or other material having potential evidentiary value, for the purpose of obstructing a party’s access to evidence.

• The rule regarding fairness to the opposing party

Question 10

When a judge finds a lawyer guilty of summary contempt of court, what punishments may the judge impose immediately and without empaneling a jury?

Answer 10

A fine of up to $250 AND
Up to 10 days in jail AND
Banning lawyer from practicing in that courtroom

No court shall, without a jury, for any such contempt as is mentioned in the first class embraced in § 18.2-456, impose a fine exceeding $250 or imprison more than ten days; but in any such case the court may, without an indictment, information or any formal pleading, impanel a jury to ascertain the fine or imprisonment proper to be inflicted and may give judgment according to the verdict.

Question 11

Where a new client representation would be directly adverse to an existing client, and the large multi-attorney law firm has determined that one of its attorneys cannot represent the new client because of the conflict, the firm must:

Answer 11

not represent the new client, and screen the attorney who received the information from all of the existing client’s matters, with written notice provided to the prospective new client.

**Under the imputed disqualification rule, Rules of Professional Conduct, Rule 1:10, if one attorney in a firm cannot represent a given client, then no attorney in the firm can.

Question 12

When a potential new client’s interests would be directly adverse to an existing client’s interests, the lawyer…

Answer 12

May represent the new client and the existing client if she reasonably believes

the representation would not adversely affect the relationship with the other client,

AND

the representation does not involve the assertion of a claim against his other client in the same litigation,

AND

both clients consent in writing after consultation

Question 13

When a prospective client reveals to a lawyer information that could be significantly harmful to that client, the lawyer

Answer 13

cannot also represent another client with interests materially adverse to the prospective client in the same or substantially related matter. Rules of Professional Conduct, Rule 1:18(b)&(c)

Question 14

THE DUTY OF LOYALTY TO YOUR CLIENT: CONFLICTS OF INTEREST -

The Black Letter Law:

Answer 14

You have a duty of loyalty to your client. If an interest of another client, yourself, or a third party creates a significant risk of materially limiting your representation—or your representation of one client is directly adverse to another—you have a concurrent conflict of interest.

Question 15

Generally, a lawyer shall not represent a client if the representation involves a

Answer 15

concurrent conflict of interest

Question 16

A concurrent conflict of interest exists in two ways, including if there is significant risk that the representation of one or more
clients will be

Answer 16

materially limited by the lawyer’s responsibilities to another client.

Question 17

Simultaneous representation of

parties whose interests in litigation may conflict, such as co-plaintiffs, is proper if

Answer 17

the risk of adverse effect is minimal and the

above-listed requirements are met.

Question 18

A lawyer is not barred from representing co-plaintiffs in a civil litigation matter. Still, a lawyer may
only represent a client if each affected client consents (can be later withdrawn) after consultation (WHAT SHOULD THIS CONSULTATION INCLUDE?), and:

Answer 18

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;
(2) the representation is not prohibited by law;
(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and
(4) the consent from the client is memorialized in writing.

The client consultation should include (1) a discussion of any limitations on the scope of the representation made
necessary as a result of the common representation (Rule 1.2(b)); (2) that as between commonly represented clients, the
attorney-client privilege does not attach (Rule 1.7, Comment 30); and (3) that should a conflict arise, the attorney must withdraw
from representation from at least one, if not both, of the parties (Rule 1.9). The lawyer can also decide to decline representation
of either or both parties.

Question 19

“A lawyer who has formerly represented a client

in a matter shall not thereafter represent

Answer 19

another person in the same or a substantially related matter in which that
person’s interests are materially adverse to the interests of the former client unless both the present and former client
consent after consultation.”

Question 20

Does the continuing duty of loyalty and confidentiality to former clients survive the client’s death?

Answer 20

Yes. These obligations

continue even after a client’s death.

Question 21

Should a lawyer act as an advocate in an adversarial proceeding in which the lawyer is likely to be a necessary witness?

Answer 21

No. “A lawyer shall not act as an advocate in an adversarial proceeding in which the lawyer is likely to be a necessary witness.”