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Question 1
An attorney's duty to his client is controlled by:
Correct
Incorrect!
Correct
Incorrect!
Correct Model Rule 1.4 covers the way in which an attorney must communicate with his client during ongoing negotiations, and Rule 2.1 addresses the attorney's role as advisor. Although other Rules might also be instructive, these are the most important for our purposes.
Incorrect! Model Rule 1.4 covers the way in which an attorney must communicate with his client during ongoing negotiations, and Rule 2.1 addresses the attorney's role as advisor. Although other Rules might also be instructive, these are the most important for our purposes.
Correct
Incorrect!
Question 2
Which of the following is NOT required of an attorney under Model Rule 1.4?
Correct
Incorrect!
Correct
Incorrect!
Correct Not only is a lawyer not required to make such decisions, but these decisions are always the responsibility of the client. The client has the ultimate say about accepting or rejecting an offer.
Incorrect! Not only is a lawyer not required to make such decisions, but these decisions are always the responsibility of the client. The client has the ultimate say about accepting or rejecting an offer.
Correct
Incorrect!
Question 3
John Motti is an importer/exporter who has recently been sued by Tony Alto. Alto claims Motti never delivered the goods promised under an oral contract between the two. Motti tells his attorney that he in fact never delivered the goods. He then tells his attorney to deny any breach of contract and show a fake bill of lading as evidence to Alto's attorney during negotiation settlements. What should the attorney do?
Correct
Incorrect!
Correct Rule 1.4 requires attorneys to consult with their clients as to the legal and ethical limits on the attorney's conduct when appropriate. The attorney cannot just rely on the Rules in his actions, but not tell his client that he will not be following the client's request/order. He can also not avoid the issue by sending his paralegal, not only because Rule 5.3 makes him responsible for the legal assistant's actions, but also because he cannot allow an unsupervised paralegal to negotiate on the client's behalf.
Incorrect! Rule 1.4 requires attorneys to consult with their clients as to the legal and ethical limits on the attorney's conduct when appropriate. The attorney cannot just rely on the Rules in his actions, but not tell his client that he will not be following the client's request/order. He can also not avoid the issue by sending his paralegal, not only because Rule 5.3 makes him responsible for the legal assistant's actions, but also because he cannot allow an unsupervised paralegal to negotiate on the client's behalf.
Correct
Incorrect!
Correct
Incorrect!
Question 4
Swiffer is a named partner at Swiffer, Drey & Klein who has practiced law for over 30 years. Carwin is one of his oldest clients and also a close friend. Swiffer has handled literally hundreds of cases for Carwin, who seems to attract the more litigious citizens of their state the way California attracts would-be actors and actresses. While engaged in negotiations on behalf of Carwin, in what could turn out to be a very costly suit, opposing counsel suddenly offers take-it-or-leave-it settlement terms which are almost too good to be true. Thinking this will make a wonderful surprise for his old friend Carwin, Swiffer accepts the deal on his friend/client's behalf. Swiffer plans to announce the news tonight at Carwin's surprise 60th birthday party. If Carwin hates surprise parties and is put in a particularly bad mood by the well-intentioned effort on his wife's part, what is the worst case scenario for Swiffer when he then announces news of the settlement agreement to Carwin?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Carwin cannot be held to an agreement which he did not authorize, and because Swiffer exceeded his power without consulting Carwin, not for lack of ability to contact Carwin but for some other reason, Swiffer may be subject to sanctions for a Rule 1.4 violation. Let's hope Carwin likes the party!
Incorrect! Carwin cannot be held to an agreement which he did not authorize, and because Swiffer exceeded his power without consulting Carwin, not for lack of ability to contact Carwin but for some other reason, Swiffer may be subject to sanctions for a Rule 1.4 violation. Let's hope Carwin likes the party!
Question 5
Arnold and Willis are siblings who are also partners in a law firm. They regularly handle cases together, finding this to be the most time-efficient way for them to provide their services, and also the most effective way to serve their clients, who then get the benefit of their total experience. On January 13th a client, Franklin, emails and asks Arnold for an update on his case. Arnold is going out of town but leaves a note on Willis' desk to call the client. The note accidentally falls off the desk and into the garbage, so Willis never sees it. On February 15th, the client calls and leaves a message for Arnold on the firm's voice mail. When Arnold gets the message he emails Willis the following: "Did you take care of Franklin?" Thinking that Arnold is referring to a recent filing in the case which was due on the 10th, Willis answers in the affirmative. On March 5th, Franklin shows up at the office and demands his files, saying that he is giving the case to another attorney. What are the possible consequences for the brothers?
Correct The lawyers here failed to promptly comply with their client's request for information. The fact that the failure was due to mere negligence might not be enough to save them from a Rule 1.4 violation. Rule 5.3 is inapplicable here as there is no legal assistant involved.
Incorrect! The lawyers here failed to promptly comply with their client's request for information. The fact that the failure was due to mere negligence might not be enough to save them from a Rule 1.4 violation. Rule 5.3 is inapplicable here as there is no legal assistant involved.