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Question 1
Lawyer is a respected public servant and a popular brother in the Freejaysons, a secret fraternity to which all the judges in the county also belong. Rumors have flown for a while around your firm that at Freejayson meetings, Lawyer makes deals with his judge brothers in order to win cases. A colleague brought this rumor up at a meeting with a prospective client of Lawyer. Lawyer was in attendance at the meeting, and the rumor brought a big smile to his face. Lawyer then got up to go to the bathroom. When he returned, he gave a little speech about the cases he had won in the last year or so. The excited clients hired him on the spot. Is Lawyer subject to discipline for an ethics violation?
Correct Implying or claiming an ability to improperly influence a government official or agent exposes an attorney to liability. Lawyer unacceptably induced the clients to believe he could influence the judges in the county by not immediately discounting the rumors.
Incorrect! Implying or claiming an ability to improperly influence a government official or agent exposes an attorney to liability. Lawyer unacceptably induced the clients to believe he could influence the judges in the county by not immediately discounting the rumors.
Correct
Incorrect!
Question 2
Attorney Lyer fudged some numbers in a home equity loan application for himself in order to ensure bank approval. Bank officers, having other records of Lyer's finances, caught him in the act. They claim he committed a fraud in order to obtain the loan. Might this error in judgment affect Lyer's future as a lawyer?
Correct A lawyer is an officer of the court and is held to high ethical standards inside and outside the practice of law. Lyer's falsification demonstrates that he conducts himself in a fraudulent, dishonest, and deceitful fashion. Therefore he has exposed himself to liability and could be disbarred, suspended, or censured for his conduct, even though it occurred outside the practice of law in a private capacity.
Incorrect! A lawyer is an officer of the court and is held to high ethical standards inside and outside the practice of law. Lyer's falsification demonstrates that he conducts himself in a fraudulent, dishonest, and deceitful fashion. Therefore he has exposed himself to liability and could be disbarred, suspended, or censured for his conduct, even though it occurred outside the practice of law in a private capacity.
Correct
Incorrect!
Question 3
Attorney Shaq is shocked to find Attorney Trixie representing a client at court. Shaq remembers Trixie from way, way back. Trixie's secrets and lies led to her disbarment, years ago. Shaq's testimony at an ethics board hearing had led to the disbarment. Are Shaq's fears necessarily true that Trixie's representation of the client constitutes the unauthorized practice of law?
Correct
Incorrect!
Correct A disbarred attorney might get a second chance, if a state bar's rules allow for it and the state bar examiners approve the attorney's reapplication. Shaq's fears might be unfounded, as Trixie way well have been readmitted to the bar.
Incorrect! A disbarred attorney might get a second chance, if a state bar's rules allow for it and the state bar examiners approve the attorney's reapplication. Shaq's fears might be unfounded, as Trixie way well have been readmitted to the bar.