Themis Essay 5000

Question 1

A lawyer is prohibited from entering into an agreement with a client that

Answer 1

places a prospective limitation on the lawyer’s malpractice liability to the client, except when the lawyer is an employee of the client if the client is independently represented in making the agreement.

Question 2

A lawyer must provide _______________ _____________________ to a client.

Answer 2

competent representation

Question 3

Competent representation requires the

Answer 3

legal knowledge, skill, thouroughness, and preparation reasonably necessary for the representation.

Question 4

A lawyer is not required to know the law that governs the client’s legal claim before undertaking representation, provided

Answer 4

the lawyer will be able to acquire the necessary knowledge with reasonable diligence.

Question 5

A lawyer’s fee must be

Answer 5

reasonable.

Question 6

A lawyer must adequately explain her ___________ to her client.

Answer 6

fee

Question 7

When a lawyer has not regularly represented a client, a written contract setting the

Answer 7

amount, basis, or rate of the fee is generally preferred, but is not required.

Question 8

A fee explanation should be made before or within a reasonable time after

Answer 8

commencing representation of a new client.

Question 9

A range of factors is considered when determining whether a fee is reasonable, including

Answer 9

the experience of the lawyer performing the service and the fee customarily charged in the locality for similar legal services.

Question 10

In a personal injury action, a lawyer is permitted to charge a fee that is

Answer 10

contingent on the outcome of the matter.

Question 11

A contingent fee agreement, unlike other fee agreements, must

Answer 11

be in writing and signed by the client.

Question 12

A contingent fee agreement must

Answer 12

explain the way in which deductions for expenses will be calculated.

Question 13

A lawyer must provide an ending statement in writing to the client explaining

Answer 13

the outcome of the matter and providing the calculation of the fee and expenses.

Question 14

Virginia has not adopted the Model Rule that prohibits

Answer 14

sexual relationships between lawyers and clients, besides those pre-dating the lawyer-client relationship.

Question 15

Under the Virginia Rules of Professional Conduct, a conflict of interest exists when a lawyer’s representation of a client will be

Answer 15

materially limited by the lawyers’ personal interests.

Question 16

A conflict of interest may be waived if

Answer 16

(i) the lawyer believes the lawyer will be able to provide competent and diligent representation; and
(ii) the client consents in writing.

Question 17

Unless the client agrees to another arrangement, when a lawyer receives property of another, the lawyer must

Answer 17

promptly deliver that property and generally provide an accounting on request.

Question 18

Funds in which two or more persons (including the lawyer) claim an interest must

Answer 18

be held in a client trust account until the dispute is resolved and there is an accounting and severance of their interests.

Question 19

Any portion of funds in a client trust account belonging to a lawyer and that are not under dispute must

Answer 19

be withdrawn promptly.