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Question 1
Model Rule 4.1 essentially says that:
Correct
Incorrect!
Correct Although there are situations in which attorneys cannot take contingency fees (e.g., divorce cases) they do not concern us here, and the prohibition does not apply to all negotiations. Also, while the injured party may have some recourse if he is induced to agree to a settlement because the opposing attorney lied, that recourse is not provided for in Rule 4.1.
Incorrect! Although there are situations in which attorneys cannot take contingency fees (e.g., divorce cases) they do not concern us here, and the prohibition does not apply to all negotiations. Also, while the injured party may have some recourse if he is induced to agree to a settlement because the opposing attorney lied, that recourse is not provided for in Rule 4.1.
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Incorrect!
Correct
Incorrect!
Question 2
Failing to disclose some fact is:
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Incorrect!
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Correct Model Rule 4.1 (b) states that an attorney must not knowingly 'fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.' So depending on the import of the fact (is it material') and depending on the effect of non-disclosure (criminal or fraudulent') an attorney might have to disclose some facts.
Incorrect! Model Rule 4.1 (b) states that an attorney must not knowingly 'fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.' So depending on the import of the fact (is it material') and depending on the effect of non-disclosure (criminal or fraudulent') an attorney might have to disclose some facts.
Correct
Incorrect!
Question 3
After a settlement is agreed to but before the agreement is signed, Luanne's client, Elmer, invites her to a celebration party. At the party, lubricated by copious amounts of alcohol, Elmer tells Luanne that he was never really injured and he's thrilled that they "put one over" on the insurance company. What should Luanne do?
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Incorrect!
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Incorrect!
Correct Although failing to correct her mistake of fact, now that she knows the client lied, she might be exposed to a Rule 4.1 violation, Luanne should retain an attorney to advise her rather than rush off and speak to opposing counsel. After all, an attorney who represents herself has a fool for a client. The Rule 4.1 issue here is clouded by the fact that the new information came directly from the client. Is this information protected by the Rule requiring client confidentiality (Rule 1.6)' That may depend on whether the information was disclosed in furtherance of legal representation, as well as other factors.
Incorrect! Although failing to correct her mistake of fact, now that she knows the client lied, she might be exposed to a Rule 4.1 violation, Luanne should retain an attorney to advise her rather than rush off and speak to opposing counsel. After all, an attorney who represents herself has a fool for a client. The Rule 4.1 issue here is clouded by the fact that the new information came directly from the client. Is this information protected by the Rule requiring client confidentiality (Rule 1.6)' That may depend on whether the information was disclosed in furtherance of legal representation, as well as other factors.
Question 4
Rule 4.1 applies only:
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Incorrect!
Correct Although the Rule 4.1 requirements are not limited to attorneys in courtrooms, neither are they imposed on attorneys all day/every day. Attorneys are required through the Rules to uphold the integrity of the legal profession, but Rule 4.1 applies only 'in the course of representing a client,' whether in or out of the courtroom.
Incorrect! Although the Rule 4.1 requirements are not limited to attorneys in courtrooms, neither are they imposed on attorneys all day/every day. Attorneys are required through the Rules to uphold the integrity of the legal profession, but Rule 4.1 applies only 'in the course of representing a client,' whether in or out of the courtroom.
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Incorrect!
Correct
Incorrect!