Rules on Past Exams

Question 1

A lawyer may not make an agreement with a client to…

Answer 1

limit malpractice liability, except if lawyer is an employee and the client has independent cournsel in making the agreement.

Question 2

Lawyers can take on cases in an unfamiliar law, if…

Answer 2

they put in the work to become competent or consult/co-counsel with a knowledgable lawyer.

Question 3

Non-contingency fee agreements with new clients should be in writing, but..

Answer 3

they’re not required to be.

Question 4

Discounting fees does not violate ethical rules per se, if the fee itself is..

Answer 4

still reasonable.

Question 5

Fees that are higher than average by an unexperienced lawyer are likely to…

Answer 5

be in violation of ethical rules due to unreasonableness.

Question 6

Contingency fee agreements must be in writing, and must state:

Answer 6

1. the method the fee is to be determined,
2. the expenses to be deducted from the recovery, and
3. whether such expenses are deducted before or after the contingent fee is calculated.

Question 7

The Virginia Rules of Professional Conduct (do/do not) prohibit a lawyer from beginning a sexual relationship with a client, even after the attorney-client relationship commences.

Answer 7

do not. There is a comment to the rule that states that a personal relationship can adversely affect representation of a client, but the comment is not binding.

Question 8

Personal relationships might give rise to a personal conflict of interest if…

Answer 8

there is a “significant risk” that representation would be “materially limited” by a “personal interest of the lawyer”.

Question 9

Even if a lawyer has a personal relationship with a client, she still could continue with representing the cliend if she “reasonably believes” she could competently do so, and she obtainedthe client’s consent to the representation in writing.

Question 10

When the lawyer and client disagree as over a fee that the lawyer will be paying from funds the lawyer has in his or her client trust account, the lawyer should…

Answer 10

promptly disburse to the client the undisputed portion of the funds and keep the disputed portion of the funds in the trust account.

Question 11

When determining what client for which to look into conflicts of interest against, the lawyer must ask…

Answer 11

who they currently have a lawyer/client relationship with.

Question 12

The rules prohibit a lawyer from representing an adverse client in…

Answer 12

the same or a substantially related matter as his prior representation.

Question 13

If a lawyer’s new potential case would be directly adverse to a current client’s case, or if there is significant risk that the representation will be materially limited by the lawyer’s responsibilities to the current client’s case…

Answer 13

The lawyer cannot proceed without the current client’s consent in writing.

Question 14

When an attorney has learned confidential material from a potential client that the a current client would need to know to win their case, she has…

Answer 14

an irreconcilable conflict and cannot represent the prospective client without breaching his duty of loyalty to his current client. He also cannot avoid breaching his duty of confidentiality to the prospective client while representing his current client because he has a duty to inform the current client of ongoing matters. Thus, he cannot continue to represent either his current or potential client.

Question 15

If you’re an attorney for a city and disclose zoning-related discussions of the city’s Planning Commission to a local warehouse looking to buy land in the city, did you violate your duty of confidentiality?

Answer 15

Yes, if the city did not give consent.

Question 16

What you’re the warehouse’s attorney and your family owns the land it’s trying to buy?

Answer 16

You breached the duty to disclose facts to your client and the prohibition against interested transactions.

Question 17

What if you drafted a will for your grandfather devising the property to yourself?

Answer 17

You have a conflict of interest with a former client.

Question 18

What if you represent someone else who expressed interest in buying the land?

Answer 18

You have a concurring conflict of interest.

Question 19

The duty of communication holds that…

Answer 19

attorneys are obligated to keep clients fully informed of facts relevant to the representation.

Question 20

If an attorney has finanial interests adverse to his clients and used that information for their own benefit, they violate…

Answer 20

the prohibition against interested transactions.

Question 21

Conduct which involves dishonesty, fraud, deceit or misrepresentation which reflects adversely on the lawyer’s fitness to practice law violates the…

Answer 21

prohibition against professional misconduct.

Question 22

A lawyer cannot represent 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…

Answer 22

both the present and former client consent after consultation.

Question 23

The duty of confidentiality prohibits a lawyer from disclosing information that would be…

Answer 23

protected by the attorney-client privilege, that the client has requested be held inviolate, or that the disclosure of which would be embarrassing or would be likely to be detrimental to the client.

Question 24

A lawyer representing an organization may also represent any of its directors, officers, employees, members, shareholders or other constituents, but…

Answer 24

this rule is subject to the rules and exceptions regarding concurrent conflicts of interest.

Question 25

A concurrent conflict of interest exists when…

Answer 25

(1) the representation of one client will be directly adverse to another client; or

(2) there is significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

Question 26

Despite a concurrent conflict of interest, a lawyer may still represent the client, if:

Answer 26

each affected client consents, and

(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.

Question 27

Any false or misleading communication about the lawyer or the lawyer’s services is….

Answer 27

prohibited.

Question 28

A communication is false or misleading if it…

Answer 28

contains a material misrepresentation of fact or law.

Question 29

A solicitation that involves coercion, duress, compulsion, intimidation.. or unwarranted promises of benefits, is…

Answer 29

prohibited.

Question 30

If one attorney in a firm cannot represent a given client, then…

Answer 30

no attorney in the firm can. (see exceptions)

Question 31

What are some examples of false or misleading advertisements?

Answer 31

An attorney may not make statements implying that the outcome of a particular legal matter was not or will not be related to its facts or merits; comparing the lawyer’s services with other lawyers’ services, unless the comparison can be factually substantiated; or create an unjustified expectation about the results the lawyer can achieve.

Question 32

Under the former client conflict of interest rule, a lawyer who has formerly represented a client in a matter…

Answer 32

shall not thereafter represent 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 33

A lawyer may not assist clients in conduct the lawyer knows is…

Answer 33

criminal or fraudulent.

Question 34

When a lawyer knows that a client expects assistance not permitted by the Rules of Professional Conduct or other law, the lawyer shall…

Answer 34

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

Question 35

What are an attorney’s ethical obligations when a client intends to do illegal or unethical conduct?

Answer 35

• Inform that the action the client proposes would constitute a crime
• advise her to withdraw from her plan and to inform her that the attorney must report the plan unless she withdraws.
• If the client does withdraw, then the attorney-client privilege requires the attorney to maintain in confidence all that the client has communicated to him.
• If the client refuses to withdraw from her criminal plan, then the attorney has an ethical obligation to report the client’s plan to law enforcement/the tribunal.
• The attorney may also withdraw from representation if the client refuses to withdraw from her criminal plan.

Question 36

Under no circumstances may an attorney represent…

Answer 36

opposing clients in the same matter.

Question 37

Attorney is prohibited from withholding copies of…

Answer 37

client documents until the attorney’s fees have been paid.

Question 38

What can an attorney do if a former client has a new attorney on the same matter, and the attorney still hasn’t been paid all his fees?

Answer 38

Give the new attorney notice of his claim for attorney fees.

Question 39

If an attorney was ordered from representing a client due to his misconduct, may he recover attorney fees?

Answer 39

It’s unclear. No applicable Virginia law, but the BBE says the fee agreement would control in this situation.

Question 40

A lawyer may act as advocate in an adversarial proceeding in which another lawyer in the lawyer’s firm is likely to be called as witness, unless..

Answer 40

there is a separate concurrent conflict of interest, or a former client confict.

Question 41

If an attorney knows a client gave perjured testimony, he has a duty to…

Answer 41

report it to the tribunal.