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PAST VA EXAMS > Professional Responsibility > Flashcards

Professional Responsibility Flashcards

1
Q

A lawyer shall not reveal information protected by the attorney-client privilege or…

A

other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarassing or would be likely to be detrimental to the client.

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2
Q

Attorneys are allowed (and sometimes required) to disclose confidential information about/from a client to…

A

prevent substantial bodily harm to another or substantial harm to financial interests or property of another.

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3
Q

While a lawyer cannot make frivolous arguments in court, a lawyer for the defendant in a criminal proceeding may…

A

defend the proceeding as to require that every element of the case be established.

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4
Q

A lawyer cannot collect a contingency fee for…

A

representing a defendant in a criminal case.

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5
Q

A lawyer who violates a Virginia Rule of Professional Conduct (VRPC) is subject to…

A

discipline under the VRPC rules.

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6
Q

A lawyer shall not counsel a client to engage in, or assist a client in conduct…

A

that the lawyer knows is criminal or fraudulent.

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7
Q

A lawyer might have an obligation to disclose a client’s plans if they fear that it would be criminal and…

A

reasonably certain to result in death or substantial bodily harm to another or substantial injury to the financial interests or property of another.

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8
Q

A lawyer counseling a client on proposed criminal conduct should…

A

dissuade the client and reference relevant moral and ethical considerations in giving advice.

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9
Q

A lawyer shall not enter into a business transaction…

A

with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client, unless various conditions to ensure fair and reasonable treatment of the client are met.

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10
Q

A lawyer may not counsel a client to engage in, or assist a client in conduct that….

A

the lawyer knows is criminal or fraudulent, but the lawyer may discuss the legal consequences of any proposed conduct.

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11
Q

If a client’s course of criminal action has already begun and is continuting, the lawyer must…

A

respect the obligation to protect his client’s confidentiality without allowing his services to be used to assist in criminal or fraudulent conduct.

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12
Q

When a lawyer knows that a client expects assistance that is not permitted by the Rules of Professional conduct (or another law), the lawyer shall…

A

consult with the client regarding the relevant limitations on the lawyer’s conduct.

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13
Q

It shall be professional misconduct for a lawyer to engage in conduct involving…

A

dishonesty, fraud, deceit, misrepresentation, or that which reflects adversely on the lawyer’s fitness to practice law.

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14
Q

A lawyer shall not reveal information gained in a profressional relationship that the client has requested be kept private or which would…

A

be embarassing or detrimental to the client.

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15
Q

An attorney may reveal otherwise protected information about a client if…

A

the client consents after consultation.

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16
Q

An attorney may always reveal client information that is…

A

implicitly authorized in order for the attorney to carry out representation.

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17
Q

If a client is in the process of committing a crime that would cause substantial financial harm to another person, then disclosure of that information may be required after….

A

the attorney has discussed the ramifications of the actions with the client and notified her of his duty to disclose.

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18
Q

There is a general prohibition on communication with a person that a lawyer knows to be….

A

represented by a lawyer in a matter.

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19
Q

Consent of an organization’s lawyer is NOT required for communicaiton with…

A

a FORMER constituent.

however not carte blanche.

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20
Q

In communicating with a current or former constitutent of an organization, a lawyer must not use methods of obtaining evidence that….

A

violate the legal rights of the organization.

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21
Q

The rules of professional conduct specifically prohibit communications with a constituent of an organization who….

A

is within the “control group” of the organization or who has the authority to legally bind or impute the orgnization for purposes of civil or criminal liability.

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22
Q

If a constituent of an organization is represented by his or her own counsel, the consent by that counsel to a communication…

A

will be sufficient.

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22
Q

Communication with a represented person about a different matter than the one for which they are represented is…

A

permissible.

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23
Q

The rule against communications with represented persons applies even if….

A

the represented person initiates or consents to the communication.

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24
Q

While an attorney must immediately end prohibited communications, the rule has been clarified to…

A

allow a lawyer to take the time to end the communication with respect and courtesy.

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25
Q

If a represented person speaks to an attorney in a matter but does not reveal any privileged information, then the attorney…

A

has no obligation to inform that person’s representation of the communications.

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26
Q

Can parties to a matter communicate directly with each other without their attorneys?

A

Yes

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27
Q

An attorney should remind their client not to share information confidential with others because any disclosure would…

A

waive a claim to attorney-client privilege over that material.

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28
Q

While represented persons may communicate directly with each other regarding the subject of the representation, a lawyer must not…

A

use their client to discuss the matter alone to circumvent the rules.

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29
Q

Generally, a laywer shall not agree to represent a client if the representation involves a…

A

concurrent conflict of interest.

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30
Q

A concurrent conflict of interest exists either if there is:

A

(1) Significant risk that the representation of a client will be limited by the lawyer’s responsibilities to another client; or if

(2) The representation of one client will be directly adverse to another client.

31
Q

A lawyer may represent potentially conflicting parties if:

A
  1. The client consents (in writing) after consultation;
  2. The lawyer reasonably believes he can provide effective counsel to each client;
  3. The representation is not prohibited by law; and
  4. The client’s claims are not against each other.
32
Q

A lawyer counseling commonly represented clients should discuss…

A

(1) Any limitations on the scope of the representation made necessary by the common representation;

(2) That, as between commonly represented clients, a-c privilege does not attach;

(3) That should a conflict arise, the atorney must withdraw from representation of at least one (if not both) clients; and

(4) The lawyer can decide to decline representation of either or both parties.

33
Q

An impermissible conflict may arise during representation by reason of…

A
  1. Substantial discrepancy in the parties’ testimony;
  2. Incompatibility in positions in relation to an opposing party; or
  3. The fact that there are substantially different possibilities of settlement of the claims or liabilities in question.
34
Q

If an impermissible conflict arises after representation has been undertaken, a lawyer should….

A

withdraw from representation.

35
Q

Once a lawyer withdraws or terminates a client, the client…

A

becomes a former client under the rules, and the lawyer may be prohibited from representing another client in the same matter with materially adverse interests to the former client.

Think – if the lawyer has knowledge about the former client which would alter their representation of the continuing client.

36
Q

An attorney must withdrawl from representing (both) conflicting clients if they learn of….

A

any information that could be used against the other client.

37
Q

A lawyer who has formerly represented a client in a matter shall not thereafter represent…

A

another person in the same or a substantially similar matter, unless both consent after consultation.

38
Q

The continuing duties of loyalty and confidentiality to former clients continues….

A

even after the client’s death.

39
Q

There is a testamentary exception to the attorney-client privilege that allows for…

A

beneficiaries to access privileged communications of the decedent to confirm testamentary intentions.

40
Q

A lawyer shall not act as an advocate in an adversarial proceeding in which the lawyer….

A

is likely to be a necessary witness.

41
Q

The testamentary exception to the attorney-client privilege rule sometimes requires the will-preparing lawyer….

A

to be called as a witness.

42
Q

A lawyer shall not make false or misleading communication about…

A

the lawyer or the lawyer’s services.

43
Q

A communication is false or misleading if it…

A

contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

44
Q

In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that they are….

A

disinterested.

45
Q

If a lawyer knows or reasonably should know that an unrepresented person misunderstands the lawyer’s role in a matter, the lawyer shall make reasonable efforts to…

A

correct the misunderstanding.

46
Q

In the course of representing a client, a lawyer shall not knowingly fail to disclose a fact when disclosure is…

A

necessary to avoid assisting a criminal or fradulent act by a client.

47
Q

If a lawyer knows of the falsity of testimony elicited from a client during a deposition, the lawyer must…

A

take reasonable remedial measures.

48
Q

If a lawyer knows a client has offered false testimony, the lawyer should counsult with the client about…

A

the lawyer’s duty of candor to the tribunal, and she should seek the client’s cooperation with withdrawl or correction of the false statements.

49
Q

To the extent a lawyer believes necessary, a lawyer may reveal information which clearly establishes that the client has, in the course of the representation, perpetrated upon a third party a….

A

fraud related to the subject matter of the representation.

50
Q

A lawyer shall abide by a client’s decisions concerning…

A

the objectives of representation.

51
Q

A lawyer shall inform a client of facts pertinent to the matter and of communications from another party that may…

A

significantly affect settlement or resolution of the matter.

52
Q

A lawyer who recieves an offer of settlement or a plea agreement should…

A

promptly inform the client of its substance, unless prior discussions with the client have left it clear that the proposal will be unacceptable.

53
Q

A lawyer shall pursue a matter on behalf of a client despite…

A

opposition, obstruction, or personal inconvenience to the lawyer.

54
Q

A lawyer is prohibited from making an agreement limiting the lawyer’s liability to a client for….

A

malpractice.

55
Q

As an exception, an attorney may legally limit their liability for malpractice if their client is their….

A

employer, and their employer is independently represented in the agreement.

56
Q

If a lawyer is not competent in a certain area of practice, they must either….

A

become competent, or bring in a more experienced attorney to assist them.

57
Q

Preferrably, a fee agreement should be…

A

reduced to writing.

58
Q

The customary contingency fee in Virginia is…

A

33.33%

59
Q

Contingency fees must be in writing and state:

A
  1. The method the fee is to be determined;
  2. The expenses to be deduced from the recovery, and
  3. Whether such expenses are deduced before or after the contingent fee is calculated.
60
Q

Somewhat unique to Virginia, Virginia does not have a per se rule prohibiting attorney’s….

A

sexual relations with clients.

61
Q

If an attorney has a sexual relation with their client, the relationship will be evaluated under the….

A

general conflict of interest rule.

i.e., is there any significant isk the relationship will materially limit the representation?

62
Q

Even if one has a conflict with a client due to a personal relationship, they may continue representation if they…

A

reasonably believe they could competently do so, and they obtain consent in writing.

63
Q

When a lawyer and client disagree over a fee that the lawyer will be paid, the lawyer should….

A

promptly disburse the undisputed portion of the funds to the client and keep the disputed portion of the funds in trust until the matter is resolved.

64
Q

To resolve a fee dispute, an attorney should suggest promptly…

A

resolving the issue through mediation or arbitration.

65
Q

A lawyer shall not bring or defend an action or issue unless there is a basis for doing so that is….

A

Not frivolous and based in good faith upon the law.

66
Q

A lawyer shall not make a statement that is…

A

knowingly false (in fact or law), to the tribunal.

67
Q

A lawyer shall not obstruct another party’s….

A

access to evidence or alter, destroy, or conceal a document or other material having potential evidentiary value.

68
Q

A lawyer shall not make discovery requests that are….

A

frivolous.

69
Q

A lawyer must make a reasonably diligent effort to comply with a legally proper…

A

discovery request by an opposing party.

70
Q

(TRUE/FALSE): Where the trial judge finds that a lawyer has filed pleadings and objections that he knew were without merit, the judge may impose sanctions only if the issue is raised by the opposing party.

A

FALSE – A judge may impose sanctions on their own motion.

71
Q

According to the Virginia Cannons of Judicial Conduct, a judge (should/must) report lawyer misconduct that raises a substantial question as to the lawyer’s honesty, trustworthiness, or fitness as a lawyer to the Virginia State Bar.

A

Should

72
Q

Insulting language directed toward a Court or misbehavior at an officer of the court in his official capacity are both grounds for finding someone guilty of…

A

contempt.

73
Q

Any Virginia Judge, as a sanction, may prohibit any lawyer from….

A

practicing in his court.

74
Q

HYPO: Seth is a potential new client who has come for a consultation with Big Criminal Defense Firm (“Big”) in Virginia. In his free consultation with Jake, an experienced attorney working at Big, Seth tells Jake that he has recently purchased stolen firearms. He goes on to explain that he buys them from a woman named Sarah Nichols. Jake then recognizes that his firm represents Sarah Nichols on criminal charges that include recently selling stolen firearms. Sarah has been offered a plea agreement in which she would agree to name everyone who has purchased stolen firearms from her. What must Jake do?

A

Decline to represent Seth, and be screened of any knowledge of Sarah’s case.

75
Q

HYPO: Where a new client representation would be directly adverse to an existing client because the prospective client and existing client will assert claims against each other in the same litigation, 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:

A

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

76
Q

A lawyer may not solicit a client through…

A

duress, coercion, compulsion, intimidation, or unwarranted promises or benefits.

PAST VA EXAMS (17 decks)

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