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Question 1
John is an attorney in a hurry. His wife has been complaining about their lack of vacations together, and in two days they are planning to go away and leave their children with his in-laws. John has only one matter requiring his immediate attention: a suit filed on behalf of his client, Enid. Enid slipped and injured herself on the icy sidewalk outside of a fancy restaurant. They have sued for $2.5 million. The restaurant initiated negotiations, and has recently offered a settlement of $100,000. When asked by Enid what he thinks, John says "It's legal, and it's better than nothing." Based on this advice, Enid accepts the settlement and John gets to go on his vacation. John knew that she could have gotten much more (and he would have earned more on his contingency fee agreement) and likely would have, but he was eager to keep his word to his wife and didn't want negotiations to drag out. Has John done anything wrong in this scenario?
Correct
Incorrect!
Correct
Incorrect!
Correct Rule 2.1 requires that an attorney offer 'candid advice,' which John did not do here. He should have pointed out that the settlement offer, while legal, was quite low considering what Enid was likely to win if they went to trial.
Incorrect! Rule 2.1 requires that an attorney offer 'candid advice,' which John did not do here. He should have pointed out that the settlement offer, while legal, was quite low considering what Enid was likely to win if they went to trial.
Correct
Incorrect!
Question 2
Tony Alto hires an attorney to help him close on a deal he has been negotiating with a hotel owner. Alto plans to buy the hotel, tear it down, and build a new hotel shaped like a giant dinosaur, which has been a dream of his since he was a child. His attorney believes that this plan is misguided and that a 5,000 room, dinosaur-shaped, world-class hotel with 6 pools and a golf course is simply not likely to be profitable in North Dakota. Of course, he would rather not tell Mr. Alto what he thinks. Should he?
Correct
Incorrect!
Correct There is no conflict here, and Comment 1 to Model Rule 2.1 tells us that the attorney is responsible for giving his honest assessment of the situation, even if the client is unlikely to be happy to hear it. He need not press his point, but he does have an obligation to his client to tell him what he thinks about the value of the land and the potential value, or lack thereof, of the planned structure.
Incorrect! There is no conflict here, and Comment 1 to Model Rule 2.1 tells us that the attorney is responsible for giving his honest assessment of the situation, even if the client is unlikely to be happy to hear it. He need not press his point, but he does have an obligation to his client to tell him what he thinks about the value of the land and the potential value, or lack thereof, of the planned structure.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Rule 2.1 requires attorneys to exercise independent professional judgment because:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct 'The rules of legal ethics are aimed at protecting the attorney-client relationship, maintaining public confidence in the legal profession, and ensuring the integrity of judicial proceedings.'Horwitz v. Holabird & Root, 212 Ill. 2d 1 (2004).
Incorrect! 'The rules of legal ethics are aimed at protecting the attorney-client relationship, maintaining public confidence in the legal profession, and ensuring the integrity of judicial proceedings.'Horwitz v. Holabird & Root, 212 Ill. 2d 1 (2004).
Question 4
Model Rule 8.4 is:
Correct Model Rule 8.4 prohibits 'conduct involving dishonesty, fraud, deceit or misrepresentation,' and therefore serves as an additional, general limitation on an attorney's conduct. This, as with all the Rules, applies to paralegals through Rule 5.3.
Incorrect! Model Rule 8.4 prohibits 'conduct involving dishonesty, fraud, deceit or misrepresentation,' and therefore serves as an additional, general limitation on an attorney's conduct. This, as with all the Rules, applies to paralegals through Rule 5.3.