Question 1

Which of the following is NOT an exception to the rule on confidentiality under the Model Rules?

Accepted Answer

A lawyer must disclose information relating to a client if reasonably necessary to prevent a client's criminal conduct that will cause substantial financial injury or property damage. Answer C is the best choice because the sentence says that the lawyer "must" disclose the information relating to a client. All of the exceptions to confidentiality listed under Model Rule 1.6(b) are non-mandatory exceptions because the subsection (b) states: "A lawyer may reveal information relating to the representation of a client." (emphasis added).

Question 2

Which of the following describes a situation that falls under an exception to the rule on confidentiality under the Model Rules?

Accepted Answer

A law firm represents a seller in a business transaction, and two years later, the buyer serves a subpoena on the law firm as part of lawsuit between the buyer and seller. A lawyer may disclose information relating to a client if reasonably necessary to respond to a court order. Model Rule 1.6(b)(6). Answer D is the best choice because it fits under the court order exception to the confidentiality rule.

Question 3

Which of the following situations is NOT specifically prohibited by the conflict of interest rules under the Model Rules?

Accepted Answer

A lawyer represents a husband and wife who jointly own their home after a third party sues the husband and wife based on an injury sustained while on the property. Model Rule 1.8 lists several specific situations that are prohibited as conflicts of interest, including business transactions with clients, soliciting gifts from clients, accepting literary rights as a fee prior to the conclusion of a matter, providing financial assistance to clients, agreements prospectively limiting the lawyer's malpractice liability, and others. Answer C is the best choice because the situation described does not fall under one of the specific situations under Model Rule 1.8.

Question 4

Model Rule 1.8(e) prohibits lawyers from providing financial assistance to clients. Which of the following describes a situation that is recognized as an exception to Model Rule 1.8(e)?

Accepted Answer

A lawyer advances the filing fees and expenses of litigation, and repayment is contingent on a successful outcome of the case. Answer B is the best choice because it describes a recognized exception to the rule prohibiting financial assistance to clients. Model Rule 1.8(e)(1).

Question 5

In most states, a non-lawyer paralegal's name may NOT be included on or provided by which of the following?

Accepted Answer

Advertising mailer. A majority of states permit the use of business cards for paralegals, and many states permit law firms to list paralegals on their stationary. However, the use of a paralegal's name in an advertising mailer would be misleading as to the paralegal's qualifications and ability to practice law. The general guideline is that the use of a paralegal's name in law firm materials is acceptable if the use is for identification purposes.

Question 6

Under the Model Rules, a lawyer may advertise through which of the following media?

Accepted Answer

All of the above. "[A] lawyer may advertise services through written, recorded or electronic communication, including public media." Model Rule 7.2(a). Answer D is correct because Answers A, B, and C are all included in Model Rule 7.2(a).

Question 7

Under the Model Rules, all communications advertising an attorney's services must include which of the following?

Accepted Answer

The name and office address of at least one lawyer responsible for its content. "Any communication made pursuant to [the rule on advertising] shall include the name and office address of at least one lawyer or law firm responsible for its content." Model Rule 7.2(c). Answer B is not correct because a specialty can only be advertised if the lawyer is admitted to practice patent law, admiralty law, or is a certified specialist. Answer C is not the best choice because Rule 7.2 does not require a telephone number. Answer D is not the best choice because a lawyer may, but is not required to, advertise fees.

Question 8

Under the Model Rules, a lawyer may not pay for a recommendation of the lawyer's services, except for which of the following?

Accepted Answer

By paying the usual charges for a non-profit referral service or a legal service plan. "A lawyer shall not give anything of value to a person for recommending the lawyer's services except that a lawyer may . . . pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service." Model Rule 7.2(b)(2).

Question 9

Under the Model Rules, a lawyer may not solicit or seek legal services work by "in-person, live telephone or real-time electronic contact" when the lawyer's motive is financial gain, except for which of the following situations?

Accepted Answer

All of the above. A lawyer may not solicit or seek legal services work by "in-person, live telephone or real-time electronic contact" when the lawyer's motive is financial gain, except if "the person contacted (1) is a lawyer; or (2) has a family, close personal, or prior professional relationship with the lawyer." Model Rule 7.3(a).

Question 10

Under the Model Rules, a lawyer is absolutely prohibited from soliciting or seeking professional employment by any means of advertising, including in-person, telephone, or real-time electronic contact, under which of the following situations?

Accepted Answer

If the person contacted states he or she does not want to be solicited. A lawyer is absolutely prohibited from soliciting or seeking professional employment by any means of advertising, including in-person, telephone, or real-time electronic contact, if "(1) the prospective client has made known to the lawyer a desire not to be solicited by the lawyer; or (2) the solicitation involves coercion, duress or harassment." Model Rule 7.3(b). Answer A is the best choice because it correctly describes a situation where solicitation is absolutely prohibited, and Rule 7.3(b) does not recognize the situations described in Answer B or Answer C.

Question 11

An advertisement sent in the U.S. Mail that solicits or seeks professional employment from a person known to be in need of legal services must state which of the following?

Accepted Answer

Advertising Material. An advertisement sent in the U.S. Mail that solicits or seeks professional employment from a person known to be in need of legal services must state "Advertising Material." Model Rule 7.3(c).

Question 12

Complete the following sentence from the Model Rules: "A communication is false or misleading if it contains ____________ ____, or _______ ________________."

Accepted Answer

A material misrepresentation of fact or law; omits a fact necessary to make the statement considered as a whole not materially misleading. Model Rule 7.1 states: "A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading."

Question 13

Under the Model Rules, the letterhead of a law firm must follow a specific requirement if the law firm has offices in more than one jurisdiction and uses the same name in each jurisdiction. What is that specific requirement?

Accepted Answer

Any listing of lawyers associated with one office must state the jurisdictional limitations on any lawyers not admitted to practice in the jurisdiction where the office is located. The requirement stated in Answer B is set forth in Model Rule 7.5(b).

Question 14

Under Model Rule 3.1, a lawyer must have non-frivolous basis in fact and law before bringing or defending a claim or issue. Rule 3.1, however, also states that, in a criminal case, a defendant is not prevented from ______________________.

Accepted Answer

Presenting a defense that requires the prosecution to prove every element of the crime. "A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established." Model Rule 3.1.

Question 15

Model Rule 3.2 requires that a lawyer "make reasonable efforts to expedite litigation consistent with the interests of the client." Which of the following is NOT an example of failing to expedite litigation?

Accepted Answer

A lawyer reschedules of a hearing because it conflicts with a pre-planned vacation. "[I]t is not proper for a lawyer to routinely fail to expedite litigation solely for the convenience of the advocates. Nor will a failure to expedite be reasonable if done for the purpose of frustrating an opposing party's attempt to obtain rightful redress or repose. . . . . Realizing financial gain or other benefit from otherwise improper delay in litigation is not a legitimate interest of the client." Model Rule 3.2, comment 1. Answer A is the best choice because a one-time scheduling conflict is not a failure to expedite litigation, and because Answers B, C, and D are all examples of failure to expedite in the comment to Rule 3.2.

Question 16

Which of the following is NOT specifically prohibited conduct under the Model Rule on the duty of candor owed to the court?

Accepted Answer

All of the above. "A lawyer shall not knowingly (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law . . .; (2) fail to disclose to the tribunal legal authority" to court if the legal authority is adverse to position of lawyer's client and the legal authority was not disclosed by opposing counsel. Model Rule 3.3(a)(1)-(2). Answer D is the correct choice because Answers A, B, and C are all three in Rule 3.3(a).

Question 17

What must a lawyer do if the lawyer learns that the lawyer's client or a witness called by the lawyer gave false evidence?

Accepted Answer

Take reasonable steps to correct the trial record. "If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial [that is, corrective] measures . . . ." Model Rule 3.3(a)(3). Answer B is correct because it accurately states the requirement in Rule 3.3(a)(3).

Question 18

If a lawyer reasonably believes that evidence is false, the lawyer may refuse to offer the evidence, except __________________________________________________.

Accepted Answer

The testimony of the defendant in a criminal case. "A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false." Model Rule 3.3(a)(3). A criminal defendant has a constitutional right to testify in his or her own defense, so the lawyer must allow the defendant to testify by making a statement, but not ask any questions of the defendant. Answer A is the correct choice because it accurately reflects the language of Rule 3.3(a)(3).

Question 19

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

Accepted Answer

Two of the above. "A lawyer shall not . . . unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value." Model Rule 3.4(a). Answer D is correct because Answers B and C are both included in actions a lawyer cannot take under the Model Rule on fairness to opposing party and counsel.

Question 20

If a lawyer's paralegal discovers a document produced by the client, and the document is likely to completely destroy the client's case, will a violation of the Model Rule on fairness to opposing party and counsel occur if the lawyer instructs the paralegal to destroy the document?

Accepted Answer

Yes, because the lawyer cannot counsel or assist another person in destroying evidence. "A lawyer shall not . . . unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person do to any such act." Model Rule 3.4(a). Answer B is correct because it accurately reflects the language of the Model Rule.

Quiz 2: Ethics