Professional Responsibility MEEs

Question 1

Duty of Competent Representation

Answer 1

Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

Question 2

Relevant factors in determining whether a lawyer employed requisite knowledge and skill

Answer 2

1) Relative complexity and specialized nature of the matter
2) Lawyer’s general experience
3) Lawyer’s training and experience in the field
4) Preparation and study she gives the matter
5) Association or consultation with an established lawyer in the field

Question 3

Lawyer’s ability to limit liability for malpractice

Answer 3

Lawyer must not make an agreement prospectively limiting the lawyer’s liability to a client for malpractice. The exception is when a lawyer is an employee of a client and the client is independently represented in the agreement.

Question 4

Contingent Fee Agreement requirements

Answer 4

1) In writing
2) State the method by which the fee is to be determined (i.e. percentage that accrues to the lawyer in the event of settlement, trial, or appeal; litigation expenses deducted from recovery and whether they are deducted before or after the fee is calculated
3) Written statement at the end of representation with the remittance and how it was determinedFa

Question 5

Factors considered in determining whether a fee is reasonable

Answer 5

1) time and labor
2) novelty and difficulty of the case
3) skill required to perform the legal service
4) interference with other employment
5) experience and reputation of the attorney
6) customary fee for similar work
7) amount obtained
8) nature and length of the relationship
9) time limitations
10) fixed or contingent fee

Question 6

Adequate explanation of lawyers fees

Answer 6

1) fee must be adequately explained
2) when a lawyer has not regularly represented a client, they must communicate: the amount, basis, or rate; preferably in writing; before or within a reasonable time of commencing the representation

Question 7

Permissibility of a sexual relationship with a client

Answer 7

The VRPC does not explicitly prohibit a lawyer from having a sexual relationship with a client

Question 8

When a lawyer may represent a client despite a concurrent conflict of interest

Answer 8

1) lawyer reasonably believes that they will be able to provide competent representation
2) the representation is not illegal
3) the representation doesn’t involve one client vs. another client in the same matter
4) clients consent after consultation
5) consent is memorialized in a writing

Question 9

Funds held in an identifiable trust account for a client

Answer 9

Funds received or held by a lawyer on behalf of a client or 3rd party or held by the lawyer as a fiduciary OTHER than reimbursement of advances for costs and expenses. The financial institution must be approved by the VSB unless otherwise directed by the client in writing

Question 10

Protocol for disputed possession of funds held by a lawyer

Answer 10

The disputed funds must be held separate until the dispute is resolved and there is an accounting and severance of the disputed interests