Review & study of Professional Responsibility

Question 1

When is the lawyer competent to represent a client?

Answer 1

When he has acquired the legal knowledge, skill, thoroughness and preparation to reasonably represent the client.

Question 2

T or F. A lawyer shall abide by a client’s decisions concerning the objectives of representation

Answer 2

T

Question 3

T or F. as required by Rule 1.4, a lawyer shall consult with the client as to the means by which the objectives are to be pursued

Answer 3

T

Question 4

T or F. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation.

Answer 4

T

Question 5

T or F. A lawyer shall abide by a client’s decision whether to settle a matter.

Answer 5

T

Question 6

T or F. In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

Answer 6

T

Question 7

T or F. A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.

Answer 7

T

Question 8

T or F. A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.

Answer 8

T

Question 9

T or F. A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent.

Answer 9

T

Question 10

T or F. A lawyer may discuss the legal consequences of any proposed course of conduct with a client.

Answer 10

T

Question 11

T or F. A lawyer may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.

Answer 11

T

Question 12

T or F. A lawyer shall act with reasonable diligence and promptness in representing a client.

Answer 12

T

Question 13

T or F. A lawyer shall promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in Rule 1.0(e), is required by these Rules;

Answer 13

T

Question 14

T or F. A lawyer shall reasonably consult with the client about the means by which the client’s objectives are to be accomplished

Answer 14

T

Question 15

T or F. A lawyer shall keep the client reasonably informed about the status of the matter;

Answer 15

T

Question 16

T or F. A lawyer shall promptly comply with reasonable requests for information

Answer 16

T

Question 17

T or F. A lawyer shall consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

Answer 17

T

Question 18

T or F. A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

Answer 18

T

Question 19

T or F. A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.

Answer 19

T

Question 20

What are some factors to consider in determining the reasonableness of a fee.

Answer 20

(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and
(8) whether the fee is fixed or contingent.

Question 21

When should the scope of the representation and the basis or rate of the fee and expenses be communicated to the client?

Answer 21

Before or within a reasonable time after commencing the representation and preferably in writing.

Question 22

T or F. A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law

Answer 22

T

Question 23

T or F. A contingency fee agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party.

Answer 23

T

Question 24

T or F. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.

Answer 24

T

Question 25

When shall a lawyer not enter into a contingency fee agreement?

Answer 25

1. For representing a criminal defendant, and

2. Securing a divorce, alimony or a property settlement.

Question 26

When may a division of a fee between lawyers who are not in the same firm may be made?

Answer 26

1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation;
(2) the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and
(3) the total fee is reasonable.