Rules

Question 1

A subordinate attorney must act in accordance with what to avoid violating the RPC?

Answer 1

A supervising lawyer’s reasonable resolution of an arguable question of professional duty

Question 2

What information must a lawyer selling her firm provide by written notice through certified mail to each of her clients?

Answer 2

1. Notice of the proposed sale
2. The client’s right to retain other counsel, and
3. That the client’s consent is presumed if no objection within 30 days of notice being served

Question 3

What exceptions apply to the rule prohibiting a lawyer from acquiring a propriety interest in the cause of action or subject matter of litigation in which a client is represented?

Answer 3

A lawyer may: 1. Acquire a lien granted by law to secure payment of a fee, and 2. Contract with the client for a reasonable contingent fee

Question 4

Under the RPC, when does a lawyer serve as a third pary neutral?

Answer 4

When the lawyer assists two or more non-clients to reach a dispute resolution

Question 5

May a lawyer represent opposing parties in the same lawsuit or transaction

Answer 5

No

Question 6

What does the client decide about the representation

Answer 6

The client determines the objectives and goals of the representation

Question 7

A lawyer who knows that another has committed a violation of the RPC that raises a substantial question as to the lawyer’s honesty, trustworthiness, or fitness to practice law must

Answer 7

Inform the the appropriate professional authority

Question 8

A lawyer may not be part of an agreement that restricts a lawyer’s right to practice as part of the settlement of a client controversy

Answer 8

True

Question 9

What is a prospective client?

Answer 9

A person who discusses the possibility of forming a client-lawyer relationship with a lawyer with respect to a matter

Question 10

To what extent must a lawyer reveal information relating to representation

Answer 10

To the extent that the lawyer reasonably believes necessary to prevent a client from committing a crime, or to prevent death/substantial bodily harm

Question 11

When is a lawyer prohibited from making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication?

Answer 11

When the statement will have a substantial likelihood of materially prejudicing an adjudicative proceeding

Question 12

True or False: A lawyer must not practice law with a nonlawyer if any of the activities of the partnership consists of the practice of law

Answer 12

True

Question 13

When does the Attorney-Client relationship begin?

Answer 13

When the prospective client meets with a lawyer to seek legal advice

Question 14

A lawyer is prohibited from entering into a business transaction with a client, unless:

Answer 14

1. The transaction/terms are fair and reasonable to the client and are fully disclosed in a way that can be reasonably understood by client,
2. The client is advised in writing of the desirability of seeking independent counsel and given a reasonable opportunity to do so, and
3. The client gives informed consent in a signed writing

Question 15

A lawyer is prohibited from accepting payment for representation of a client from a third-pary, unless what?

Answer 15

1. the client gives informed consent,
2. There is no interference with lawyer’s independent professional judgment or the attorney-client relationship, and
3. The duty of confidentiality is observed

Question 16

True or False: A laywer is not prohibited from using confidential information relating to the representation of a client to the client’s disadvantage when the client gives informed consent.

Answer 16

True

Question 17

What is pro bono work?

Answer 17

Legal services provided for free (or at a discounted rate) by an attorney

Question 18

What factors do courts look at to determine if a lawyer has the requisite knowledge and skill to represent a client?

Answer 18

1. The matter’s complexity/specialty,
2. The lawyer’s general experience/training/field experience,
3. The preparation/study the lawyer will give to the matter, and
4. The feasibility to refer matter or associate/consult with another lawyer established in the field

Question 19

True or False: Time limitations on a case may not be considered in determining fee reasonableness

Answer 19

False

Question 20

Generally, when is a lawyer permitted to communicate with unrepresented parties?

Answer 20

When the attorney does not state or imply that the attorney is disinterested