Quiz for Professional Responsibility |
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Question 1
| Multiple-choice | |
L can't solicit a substantial gift from a client, or draft a legal instrument for a client who is not a close relative if it… | |
| Select the best answer | |
provides a substantial gift to L or L's relative. |
BOTH the duties of loyalty and confidentiality |
timely disclose evidence favorable to the defense. |
public confidence … legal system and profession. |
| Multiple-choice | |
Out of state lawyers practicing in California must… | |
| Select the best answer | |
register with the California bar, pay dues, satisfy CLE requirements and be subject to CA ethics rules |
ratified the conduct … knew of the conduct and failed to take action - Supervisor has violated |
L has duty to keep client informed about the case, including settlement offers and returning messages |
Confidentiality continues indefinitely; privilege stops earlier (CA/ when client's estate is settled) |
| Multiple-choice | |
Matter means | |
| Select the best answer | |
a specific dispute, between specific people, over specific issues |
is read narrowly … extends to other real-time electronic content |
obtain evidence … no purpose but to delay, burden or embarrass them |
payment is not contingent on the content of the testimony. |
| Multiple-choice | |
Imputed disqualification applies to former firm after L leaves if _______________. | |
| Select the best answer | |
CA follows ABA rules for disqualification but will not subject lawyer for discipline for imputed conflicts |
the matters are substantially related or the same and any remaining lawyer has confidential, material information. |
A lawyer is prohibited from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation |
register with the California bar, pay dues, satisfy CLE requirements and be subject to CA ethics rules |
| Multiple-choice | |
L must cite to ____________ authority if from ______________ and _____________ | |
| Select the best answer | |
if and win client wins, in % of the work he did. |
adverse… controlling jx and directly on point |
physical evidence … confidential information |
fifth, sixth … protect client's confidences |
| Multiple-choice | |
L may enter into business with a client or obtain an interest adverse to hers only if: | |
| Select the best answer | |
Scope of confidentiality is broader and also includes disclosures that could reasonably lead to discovery of confidential information by a third party. |
Applies regardless of whether client requested that information be kept "confidential" or whether revelation might harm/embarrass the client |
withdraw from representing the other party because now L has relevant, confidential information that L cannot use in pursuing undivided loyal representation of that party |
terms are fair to the client; fully disclosed in understandable writing; client has an opportunity to consult an outside lawyer; client provides written consent |
| Multiple-choice | |
Difference between source of information of attorney/client confidentiality/privilege | |
| Select the best answer | |
must hold the disputed portion in the client trust account until resolution. |
Discipline by bar, DQ as counsel in a litigated matter, civil malpractice liability |
look for other things that make you feel uncomfortable and discuss them briefly. |
AC privilege shields only information obtained from the client or his agents |
| Multiple-choice | |
ABA prohibits contingent fees in ______________ cases. | |
| Select the best answer | |
judges, clerks, arbitrators. |
California … L's money. |
domestic (Divorce), criminal |
confidentiality … loyalty |
| Multiple-choice | |
Based on L's duty to produce evidence, L must not ___________ or _________ fruits and instrumentalities of a crime | |
| Select the best answer | |
No, if not represented |
evidence… disclose |
obstruct or tamper with |
bus… accept… reject |
| Multiple-choice | |
Rules about Ls talking to jurors: | |
| Select the best answer | |
L may not talk to any prospective/empanelled juror before or during trial, but may interview jurors after trial so long as L doesn't harass jurors or influence their future jury service |
lawyer/judges violation of rules in any legal/non legal context if it raises a substantial question as to that person's honesty, trustworthiness or fitness as a lawyer/judge… to the appropriate legal authority |
I understand/agree that law firm will have no duty to keep confidential the information I am now transmitting (not, I am not by this forming a lawyer/client relationship) |
Lawyer must not seek professional employment for pecuniary gain by initiating a live/phone contact with a prospective client with whom you have no prior professional, personal, or family relationship |
