Wrong Answers on MCQ Practice

Question 1

what are things that are generally not privileged?

Answer 1

1) the identity of a client
2) fee arrangement
3) the fact that the attorney is acting as the client’s attorney

Question 2

if a client forwards an emails including communications with the client and the attorney, is the email protected by attorney-client privilege or confidentiality?

Answer 2

the confidentiality of the lawyer only

Question 3

can a lawyer reveal confidential information to the extent necessary to prevent the client from committing fraud or a crime that will cause financial harm to someone?

Answer 3

Yes if the client has used or is using the services of the attorney in the matter

Question 4

if the client has already acted on a crime and the lawyer’s disclosure of the information can prevent or mitigate the consequential financial harm, can the lawyer disclose?

Answer 4

yes

Question 5

is there any exception to the duty of confidentiality for preventing a clients crimes or fraud generally?

Answer 5

NO but there are a few exceptions

Question 6

what are the exception of when the duty of confidentiality will not apply in preventing a client’s fraud or crimes?

Answer 6

1) to prevent or mitigate financial harm
2) to prevent death or bodily harm
3) to obtain legal ethics advice
4) to defend a lawyer in a charge of wrongdoing

Question 7

when two firms merge, what client information can be shared?

Answer 7

1) client names

2) brief summaries of general issue involved

Question 8

what are the conditions that apply when sharing client information between two merging firms?

Answer 8

1) made only after substantive discussions regarding the new relationship occurred
2) minimum necessary to detect conflict of interests
3) does not compromise attorney-client privilege or prejudice the client

Question 9

can a judge communicate directly with an attorney in another jurisdiction about a matter if she receives information of a substantial likelihood that the attorney violated ethics rules and if that doesn’t work goto the disciplinary board?

Answer 9

Yes

Question 10

if an attorney asks to talk to a spectator that was a perspective jury member and they initially decline and the attorney continues to persuade them to talk without an coercion, harassment or duress and then they agree, is the attorney subject to discipline and if so why?

Answer 10

Yes because they initially declined

Question 11

if an attorney has a secretary that he trained well and has full confidence in but they commit fraud, is the attorney responsible even if they didn’t know about it?

Answer 11

Yes because they weren’t supervising the secretary well enough

Question 12

if a client fires an attorney and they already completed most of the work and is paid, what do they have to turn over to the client?

Answer 12

all the documents

Question 13

if a lawyer from another jurisdiction is contacted regarding someone being admitted to the bar and the lawyer is aware of a previous criminal act of the person being admitted, must they answer and reveal that?

Answer 13

Yes

Question 14

if an attorney took a few day course at Harvard Law, can they write in an ad “Harvard trained”

Answer 14

No because it gives the illusion that they received their law degree from there

Question 15

if an attorney only did 3 trial cases and won, can they write in an ad “never lost a jury trial”

Answer 15

No because it creates unjustified expectations and is misleading

Question 16

is a lawyer prohibited from using a contingent fee in a domestic case to recover money that is past due on a child support order?

Answer 16

No as long as it’s a reasonable fee for the work he did

Question 17

may a lawyer draft a legal instrument that gives a substantial gift to the lawyer?

Answer 17

No not unless the lawyer is a relative

Question 18

may an attorney disclose information even if it will subject the client to criminal or civil liability if it is to establish an defense to a criminal charge or civil claim against the lawyer in which the client was involved?

Answer 18

Yes

Question 19

if an attorney is likely to be called as a witness in a trial may the attorney act as an advocate at the trial for a client?

Answer 19

No

Question 20

if an attorney has a personal interest in the subject of the litigation, may they still accept a contingent fee?

Answer 20

Yes

Question 21

can a judge testify at a public hearing in connection with matter concerning the law?

Answer 21

Yes if the activities are designed to improve the law

Question 22

does the law allow judges to make pledges, promises, or commitments that are inconsistent with the impartial performance of his duties?

Answer 22

No