Question 1

Under the Model Rule on fairness to opposing party and counsel, a lawyer is NOT prohibited from which of the following?

Accepted Answer

Taking the deposition of an opposing party in a civil case and confronting the opposing party with evidence undermining his or her position. A lawyer may not (1) falsify evidence, counsel another to give false testimony, or offer an inducement to a witness prohibited by law; (2) make a frivolous discovery request or fail to make a diligent effort to respond to a proper discovery request; or (3) request that a person refrain from giving relevant information unless the person is a relative or employee of the client, and refraining will not adversely affect the person. Model Rule 3.4(b), (d), and (f). Answer C is the best choice because depositions of opposing parties that confront the deponent with difficult evidence are not prohibited.

Question 2

Under the Model Rule on fairness to opposing party and counsel, a lawyer may NOT do which of the following during trial?

Accepted Answer

During closing arguments, assert personal knowledge of a fact in issue. "A lawyer shall not . . . in trial, . . . assert personal knowledge of facts in issue except when testifying as a witness." Model Rule 3.4(e). Answer B is correct because it reflects the language of Rule 3.4(e) and none of the other answer choices are prohibited under Rule 3.4.

Question 3

May a lawyer make a public statement while a trial is ongoing if the judge discharged a juror who made a public statement on Facebook® that was unfavorable to the lawyer's client, and the press and public responded with opinions that threatened the fairness of the proceeding?

Accepted Answer

Yes, because the publicity was not initiated by the lawyer or her client and threatened to prejudice the trial. "[A] lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer's client." Model Rule 3.6(c). Answer A is the correct choice because the Facebook® statement and trial publicity was not initiated by the lawyer and it threatened the fairness of the trial. Answer B is not the best choice because it is not a correct statement. Answer C is not the best choice because lawyers are not absolutely prohibited from making public comments. Answer D is not correct because the Model Rules do not require a statement by the judge before a lawyer's public comment.

Question 4

While litigation is pending, a lawyer may make certain public statements under the Model Rule on trial publicity. Which of the following is NOT a permitted public statement by a lawyer?

Accepted Answer

A statement asserting the guilt, innocence, or liability of a party. The public statements that a lawyer may make while litigation is pending include, among others, (1) the claim, offense, or defense involved and the identity of the persons involved (unless prohibited by law); (2) information in the public record; (3) that an investigation is ongoing; (4) the scheduling or result of any step in the litigation; (5) a request for assistance in collecting necessary evidence or information; and (6) a warning to the public if a reasonable threat that substantial harm may occur to a person or the public interest. Model Rule 3.6(b)(1)-(6). Of the answer choices given, Answer C is not included in the list of permitted public statements.

Question 5

Under the Model Rules, a lawyer may not knowingly: (1) make a false statement; or (2) fail to disclose a material fact when necessary to avoid assisting in a crime or fraud. Which of the following is NOT a false statement under this rule?

Accepted Answer

A lawyer representing defendant in a traffic collision case states that the plaintiff's car was worth only $2,500 at the time of the collision. Estimates of price or value are ordinarily not covered by the Model Rule prohibiting false statements by lawyers. Answer B is the correct choice because it involves a lawyer's statement regarding the estimated value of an opposing party's vehicle. Both Answer A and Answer C were incorrect statements made by lawyers after the lawyer knew the contrary was true.

Question 6

Under the Model Rule on the responsibilities of partners, managers, and supervisory lawyers, a partner in a law firm with managerial authority must ____________________________________________.

Accepted Answer

Take reasonable steps to ensure that all lawyers in the firm comply with the Model Rules. "A partner in a law firm . . . shall make reasonable efforts to ensure that the firm [establishes] measures giving reasonable assurance that all lawyers in the firm conform to the [Model Rules]." Model Rule 5.1(a). Answer D is the correct choice because it mirrors the language of Rule 5.1(a).

Question 7

Under the Model Rule on the responsibilities of partners, managers, and supervisory lawyers, a lawyer with supervisory authority over another lawyer must ____________________________________________.

Accepted Answer

Take reasonable steps to ensure that the supervised lawyer complies with the Model Rules. "A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the [Model Rules]." Model Rule 5.1(b). Answer C is the correct choice because it mirrors the language of Rule 5.1(b).

Question 8

Which of the following correctly describes the responsibilities of a subordinate lawyer under the Model Rules?

Accepted Answer

A subordinate lawyer is responsible under the Model Rules without regard for whether the lawyer acted at the direction of another lawyer. "A lawyer is bound by the [Model Rules] notwithstanding that the lawyer acted at the direction of another person." Model Rule 5.2(a). Answer C is correct because it accurately reflects the language of Rule 5.2(a). Tip: "notwithstanding" can be usually be read as "without regard for."

Question 9

Under which of the following circumstances is a subordinate lawyer not in violation of the Model Rules?

Accepted Answer

If the subordinate lawyer's supervisor reasonably resolves an arguable issue of ethical duty and the subordinate lawyer acts according to the supervisor's resolution. "A subordinate lawyer does not violate the [Model Rules] if the lawyer acts in accordance with a supervisory lawyer's reasonable resolution of an arguable question of professional duty." Model Rule 5.2(b). Answer D is correct because is accurately reflects the language of Rule 5.2(b).

Question 10

Under the Model Rule governing the professional independence of a lawyer, "a lawyer or law firm may not share legal fees with a nonlawyer." Which of the following is NOT an exception to this Rule?

Accepted Answer

A lawyer or law firm hires a paralegal and agrees to pay the paralegal a salary or wage in return for the work. "A lawyer or law firm shall not share legal fees with a nonlawyer," except for (1) an agreement by a lawyer or law firm, after the death of a lawyer, to pay the lawyer's estate or a specified non-lawyer over time; (2) a lawyer who purchases the practice of a deceased, disabled, or disappeared lawyer may pay the deceased lawyer's estate or other representative; (3) a lawyer or law firm may include non-lawyer employees in a compensation or retirement plan; and (4) an agreement to share court-awarded legal fees with a non-profit organization that employed the lawyer in the matter. Model Rule 5.4(a). Answer A is the best choice because it is not listed among the four exceptions to Rule 5.4(a). When a lawyer or law firm hires a paralegal, the paralegal is an employee and the paralegal's compensation is not considered fee-splitting.

Question 11

Which of the following correctly describes a lawyer's obligation regarding the reporting of professional misconduct?

Accepted Answer

Lawyers must report professional misconduct of other lawyers if they have actual knowledge of the misconduct and the misconduct reflects on the honesty or trustworthiness of the other lawyer. Answer D is correct because it accurately reflects the language of Model Rule 8.3(a).

Question 12

Which of the following is NOT included as a prohibited professional misconduct under the Model Rules?

Accepted Answer

Engaging in puffery or hyperbole while running for public office. Professional misconduct results if, among other things, a lawyer: (1) states or implies an ability to influence a government agency or official; (2) commits an act involving dishonesty, fraud, deceit, or misrepresentation; (3) engages in conduct that is prejudicial to the administration of justice; or (4) knowingly assists a judge in a violation of the code of judicial conduct. Model Rule 8.4(c)-(f). Answer C is the correct choice because engaging in puffery or hyperbole (exaggeration) while running for office is not prohibited professional misconduct.

Question 13

Which of the following is NOT a factor to be considered in determining whether a lawyer is competent to handle a particular matter?

Accepted Answer

The length of time the lawyer has been practicing law. The factors to consider when determining whether a lawyer is competent to handle a particular matter include, among other factors: (1) the complexity and specialized nature of the matter; (2) the lawyer's general experience; (3) the lawyer's training and experience in the underlying subject matter; (4) the preparation and study the lawyer can devote to the matter; (5) whether it is feasible to associate with another lawyer who is competent in the area. Model Rule 1.1, comment 1. "A lawyer need not necessarily have special training or prior experience to handle a legal problem of a type with which the lawyer is unfamiliar." Model Rule 1.1, comment 2. Answer A is the best choice because length of time as a practicing lawyer is not considered a factor.

Question 14

Which of the following is an obligation that a lawyer must follow in the representation of a client?

Accepted Answer

All of the above. A lawyer shall abide by the client's decisions regarding the objectives of the representation, whether to settle a matter, and in a criminal case after consultation with the lawyer, regarding a plea, a waiver of a jury trial, and whether to testify. Model Rule 1.2(a). Answer D is correct because all of the other answer choices are included as obligations the lawyer must follow in representing a client.

Question 15

Under the Model Rules, is a lawyer's representation of a client considered an endorsement of the client's political, economic, social, or moral views or activities?

Accepted Answer

No. "A lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social or moral views or activities." Model Rule 1.2(b). Answer C is correct because it directly reflects Rule 1.2(b).

Question 16

Under the Model Rules, a lawyer may not encourage or assist a client in conduct that the lawyer knows is criminal or fraudulent. Nonetheless, a lawyer may ____________________________________________________________.

Accepted Answer

Discuss the legal consequences of a proposed action and assist a client in determining the validity, scope, or application of a law. A lawyer may not encourage or assist a client in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of a proposed action and assist a client in determining the validity, scope, or application of a law. Model Rule 1.2(d). Answer A is correct because it reflects the language of Rule 1.2(d).

Quiz 2: Ethics