Regulation of the Legal Profession - Module 1 of 5

Question 1

Which of the following roles describes the responsibilities of a lawyer admitted to practice for ethical legal practice?

A representative of clients

An officer of the legal system

A public citizen having special responsibility for the quality of justice

All of the above

Question 2

Which of the following is not required for admission to the practice of law?

Legal apprenticeship

Substantial education

Passing the Bar Exam

Character and Fitness Inquiry

Question 3

Which of the following is true?

A lawyer may never practice law in a state in which he is not admitted to the bar

Once an individual is admitted to the bar in one state, she may practice law in any US jurisdiction

Generally, lawyers must seek special permission to practice law on a temporary basis in a state in which he or she is not admitted to practice

A lawyer admitted under pro hoc vice is only bound to the laws and professional standards of the state in which she is admitted to the state bar, and not the state of pro hoc vice admission.

Question 4

Which of the following would not be an example of professional misconduct?

A lawyer who conducts himself towards a subordinate lawyer in a manner widely considered to be sexual harassment

A lawyer who once was convicted of possession of a controlled substance while on a vacation from work

A lawyer who repeatedly misses court deadlines, and fails to make filings required to complete a transaction

A lawyer who was found to have forged or falsified documents in a legal dispute with his neighbor

Question 5

A lawyer is not required to report the professional misconduct of another lawyer _____?

If the other lawyer is a professional colleague

If she does not have certain, definitive proof of professional misconduct

If doing so would require the disclosure of confidential information

If he personally believes that the other lawyer generally practices law in an ethical manner

Question 6

Which of the following does a plaintiff not need to prove in order to make a case for legal malpractice?

The existence of an attorney-client relationship with the lawyer being sued

The lawyer disregarded a specific alternative legal strategy which would have altered the outcome

A breach of duty to exercise reasonable legal skill and knowledge

Had the lawyer had not acted negligently in his legal representation, the outcome would have been different

Question 7

Which of the following scenarios is the most likely to lead to a successful legal malpractice claim?

A lawyer chooses a legal strategy which is common in that jurisdiction, but is not as pervasive as an alternative legal strategy

A client wins a personal injury case, but sues her lawyer because she disagreed with the lawyer’s decision not to call a specific witness

A client loses a case in which his lawyer fails to raise an obvious objection to the testimony of a particular witness, but the testimony is ultimately not pertinent to the court’s decision on the merits

A lawyer misses an opportunity to bring to trial a potentially lucrative case with abundant evidence to demonstrate her client’s case because she failed to timely file the cause of action before the statute of limitations expired

Question 8

Which is the most severe form of discipline a lawyer can face for an ethics violation?

Suspension

Public admonition

Disbarment

Private Admonition

Question 9

Which of the following would be the least important factor in determining the nature of the sanction, if any, which a lawyer may face for professional misconduct?

Whether the lawyer has a record of pro bono work

Whether the lawyer has a history of prior misconduct

Whether the proposed sanctions under the specific circumstances will serve to deter others from similar misconduct

The type of sanctions imposed on other lawyers who have committed similar misconduct in comparable situations

Question 10

Which of the following is false?

Each jurisdiction determines its own rules of professional conduct

Professional misconduct can give rise to both disciplinary action as well as a civil action for malpractice

Court committees responsible for making determinations regarding admitting candidates to practice may not inquire about personal matters such as educational or residential history unless there is evidence of a crime

The commission of a crime involving fraud or deception may be sufficient grounds for the permanent revocation of a lawyer’s license to practice