Duties to Attorneys, the Court, and Other Parties - Module 3 of 5

Question 1

Which of the following would not constitute a violation of the duty of candor?

Knowingly making a false statement to the court

Presenting evidence which the layer knows is false

Failing to inform the court that a client has committed, or intends to commit perjury

All of these are violations of the duty of candor

Question 2

The duty of meritorious claims prohibits arguments which _____?

Recognize that controlling precedent does not support the client’s position, but claim in good faith that the law should be modified

Have no basis in law or fact

Have not yet been fully substantiated, but which may be developed through the discovery process

Are aimed at challenging the state’s assertion in a criminal trial that each and every element of a crime has been demonstrated

Question 3

Which of the following is false?

In addition to the duty to promote a client’s interests, lawyers also have a duty to avoid conduct which undermines the integrity of the legal system

If a lawyer knows of a legal authority which supports the position of the opposing party, the lawyer must disclose it to the court, if the opposing party fails to do so

Lawyers may not counsel a witness to lie, nor may they discuss the testimony with the witness prior to trial

Under federal law, a lawyer who has put forth a frivolous claim may withdraw the claim within a defined period of time in order to avoid sanctions.

Question 4

Which if the following is least likely to be considered a breach of a lawyer’s duties?

A lawyer tells the opposing counsel that his client’s offer to settle for a certain amount is a final offer, when in fact it is not

A lawyer deliberately misleads opposing counsel with regard to a key fact in the dispute between their clients

A lawyer places an audio recording of her client admitting to wrongdoing in a safe, and denies having the recording

A lawyer refuses to hand over relevant and unprivileged material requested by opposing counsel, by offering an objection he knows to be frivolous

Question 5

All of the following are required for a communication to be an improper ex parte communication, except?

The communication takes place outside of the presence of one of the parties

There is reasonable suspicion that the communication influenced the judge’s conduct of the case

The communication is related to judicial proceedings

The communication concerns a substantive rather than administrative aspect of the case

Question 6

Which of the following communications are not limited or restricted by the Rules of Professional Conduct?

A lawyer communicating with a judge outside the presence of another party to the matter

A lawyer communicating with another party who is represented by counsel

A lawyer communicating with a party who is not represented by counsel

Two parties to a legal matter communicating with each other without their respective lawyers

Question 7

Which of the following would be the best argument for a lawyer who is accused of improperly contacting an unrepresented party?

The matter under discussion was unrelated to the lawyer’s representation of his client

The lawyer was acting in accord with his professional duty to diligently represent the interests of his client

The lawyer offered legal advice only after the unrepresented party asked him to do so

While the lawyer knew that the unpresented party believed the lawyer was a disinterested party, the lawyer never explicitly claimed he was disinterested

Question 8

Which of the following is not a reason for the restrictions regarding a lawyer’s communications with the court, opposing parties, and the public during a trial?

To preserve a fair trial

To ensure the impartiality of the judge

To uphold the role of the opposing lawyer as an advocate responsible for promoting her client’s interests

To promote efficiency in the legal system

Question 9

Which of the following is false?

All lawyers have an affirmative duty to disclose any controlling legal opinion adverse to the position of his client not previously disclosed

A lawyer dealing with another party who is not represented by counsel has a duty to provide the unrepresented party with sound legal advice

Prosecutors have a duty to disclose any evidence that tends to negate the guilt of the accused party

Notwithstanding the duty to present meritorious claims, lawyers defending an accused individual in a criminal trial may offer arguments aimed at showing that not all the elements of a criminal charge have been proven

Question 10

Lawyers have a duty to all of the following, except?

The client

The court

The opposing party

The media