JURI 580 Quizzes

JURI 580 Quizzes

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JURI 580 Quiz 1 Introduction to Professional Responsibility

1. Which of the following are required of a lawyer who enters into a business transaction with a client?
2. Which of the following is a method to regulate the reasonableness of a lawyer’s fees?
3. Which of the following cases set a two-part test for determining when ineffective representation by an attorney requires reversal of a conviction?
4. Lawyers are permitted to file a lien on the client’s case when a client refuses to pay or obtains new representation without payment to the lawyer.
5. A lawyer is generally required to follow a client’s decisions concerning the goals of any representation and must consult with a client about the means used to carry out the client’s objectives.
6. When a lawyer is charged with formal misconduct, the lawyer MUST be given representation by bar counsel at no cost to the lawyer.
7. Which of the following is a requirement Under Rule 1.5 (e) for a referral fee to be valid?
8. The rules of professional conduct are ALWAYS clear and provide direct guidance to lawyers regarding prohibited conduct during the practice of law.
9. When terminating a client’s representation, the lawyer has no further duty to the client or the client’s interests.
10. Contingent fee agreements must be:
11. The American Bar Association (ABA) has direct disciplinary authority over lawyers for violation of the ABA Model Rules of Professional Conduct.
12. A Lawyer may not represent a client if continued representation of the client would result in the violation of the Rules of Conduct or violation of the law.
13. In most States, the authority to regulate the practice of law in the STATE courts, rests with the highest court in the State.
14. An agreement used by lawyers to agree with a client to investigate a matter before undertaking representation is called:
15. The ethical duty of competency includes knowledge of the law, skill and preparation.
16. Client contacts Lawyer and requests representation. The Client was represented in a divorce action by another attorney and had been awarded a substantial judgment for alimony. The Client’s ex- spouse has not paid the court ordered alimony. Client wishes to retain the Lawyer to collect the alimony. Lawyer agrees to represent the client for 25% of the gross amount recovered by the Lawyer.
17. As fiduciaries to their clients, Attorneys have a duty of loyalty, confidentiality, and competence when representing clients.
18. The rules of professional conduct ALWAYS require attorneys to report the SUSPECTED misconduct of other attorneys.
19. Which of the following is a term used in the common law to refer to the purchase of a portion of a lawsuit?
20. It is generally unethical for a lawyer to demand that a client sign a release of liability as a condition of releasing the client’s file after non-payment.
21. The Sixth Amendment prohibits a lawyer from disclosing information regarding a client’s threat to commit imminent harm against another person.
22. Lawyers CANNOT, under any circumstances, ethically limit their liability for malpractice.
23. Clients have the authority to make ultimate decisions about their cases. This authority extends to all of the following, EXCEPT:
24. A variety of sources govern the regulation of lawyers, these include court decisions, statutory law, the Rules of Professional Conduct and:
25. The ABA Model Rules of Professional Responsibility is a Model Code of Conduct that individual jurisdictions may, but are not required, to adopt in whole or part?

JURI 580 Quiz 2 Confidentiality/Conflicts of Interest

1. Lawyers may use cloud computing, e-mail or other electronic forms of data collection and storage.
2. Rule 1.7(a) prohibits concurrent conflicts of interest.
3. Attorney client privilege may be waived.
4. Lawyer was contacted by two potential clients for representation on reckless driving charges. Both Clients were traveling together on two separate motorcycles when they were each clocked on police RADAR traveling 86 miles per hour in a 45 mile per hour zone. The police officer stopped both clients. The clients were traveling together, coming from the same location and were going to the same location. Lawyer may ethically represent both clients in their upcoming case.
5. The Model Rules of Professional Conduct prohibit the appearance of professional impropriety during the course of representation of a client.
6. Under Model Rule 1.8(f) an attorney may not accept compensation from a third party unless which of the following conditions are met:
7. A Lawyer can NEVER represent a client on a matter that involves suing a former client.
8. Generally, lawyers are permitted to ethically serve as counsel in a case where they will also serve as a witness.
9. The attorney-client privilege may be invoked with respect to a communication:
10. Advantages of multiple representation include:
11. Associate attorney, fresh out of law school, has been hired by a law firm. The managing attorney in the law firm instructs the associate attorney to obtain new business for the firm. The associate is instructed by the managing attorney to go to the local hospital and identify individuals who have been injured in automobile accidents and to personally give them a business card from the firm. Which of the following is true?
12. Which of the following Federal Rule of Civil Procedure governs class action lawsuits?
13. A lawyer MAY reveal confidential information gained during representation of a client, if the disclosure involves an allegation made against the Lawyer by the Client during a professional disciplinary proceeding.
14. The language of the Model Rules of Professional conduct contains an explicit exception to the duty of confidentiality for matters of public information.
15. Which of the following Model Rules of Professional Conduct codifies the substantial relationship test developed by Judge Weinfeld in T.C. Theatre Corp. v. Warner Bros. Pictures, Inc.
16. There are NO exceptions to the attorney work product doctrine.
17. In general, a lawyer can ethically act as an advocate in a case, even if the lawyer is going to be called as an important witness in the case.
18. Which of the following federal cases outlines protections to communications by corporate employees to corporate counsel?
19. Lawyer represents client in a contentious child custody manner. During the representation, Client tells Lawyer that he intends to kill his wife and children the next morning and then will commit suicide. Lawyer immediately informs the counsel for the wife and contacts law enforcement authorities. Which of the following are true:
20. Lawyer has the right to refuse to call a witness whom the Lawyer has reason to believe will commit perjury, despite the Client’s insistence that such witness be called.
21. Which of the following allows separately represented defendants to coordinate their defense and to share information without the loss of the attorney client privilege?
22. The ethical obligations of lawyers regarding false testimony in criminal cases differ greatly from those in civil cases, and Lawyers are afforded much more flexibility to allow testimony in civil matters.
23. Almost all of the duties set forth in Rule 3.3 depend on whether the lawyer has knowledge that the defendant intends to or has testified falsely.
24. Lawyers are subject to discipline if they advise a Client that particular conduct violates the Law, if the Client uses that information to engage in further criminal activity.
25. What was the name of a leading case dealing with the work product doctrine?

JURI 580 Quiz 3 Limits on Zealous Representation

1. Because Lawyers function in an adversarial system, there are no rules that limit zealous advocacy on behalf of a client.
2. Rule 11 sanctions are governed by a subjective standard.
3. Due to the natural of the adversarial system, there are no rules that govern discovery and attorneys can use whatever means that they desire to gather information.
4. A Lawyer can knowingly make material misstatements of law or fact during negotiations with opposing parties.
5. A Judge may ethically volunteer for non-profit religious, charitable, fraternal and civic organizations.
6. The Model Rules of Professional Conduct ALWAYS prohibits a Lawyer from receiving a fee for serving as a trustee for a trust.
7. Lawyers are generally permitted to contact jurors after a case has been concluded after they have been discharged from their duties as jurors.
8. Most States have enacted rules to require that lawyers provide at least 100 hours of pro-bono service a year.
9. The Innocence Project identified eyewitness misidentification as one of the leading causes of wrongful convictions.
10. A Lawyer may not file frivolous actions in the hope of convincing a party to settle a case.
11. Judges are generally required recuse themselves from cases in which they have a financial interest.
12. Which of the following cases prohibits prosecutors from striking jurors from a jury panel because of their race?
13. Which of the following are methods for electing Judges to serve on the bench?
14. Lawyer is representing Client in a criminal defense matter. Client has little money. Client’s mother wishes to pay the Lawyer’s full fee for representation. May Lawyer accept the payment from the mother?
15. Lawyer is representing a Client in a divorce action. Lawyer knows that Client’s spouse is represented by an attorney. Lawyer is attempting to draft a property settlement and separation agreement for the parties. Lawyer believes that involving opposing counsel will complicate the situation, so Lawyer asks the Client to talk to the spouse to see if spouse is willing to agree on the sale of the marital home and sign off on details of the separation agreement.
16. Which of the following accurately reflects the general distinction between mediation and arbitration?
17. Which of the following Federal Rules of Civil Procedure governs written interrogatories?
18. Which of the following is the term used to describe a form of discovery abuse in which a party tampers with, conceals or destroys relevant evidence?
19. Associate attorney is representing a client in a personal injury case. Associate opens his e-mail and finds a document sent by the defendant’s insurance company that contains settlement negotiation information. It is obvious to the Associate that the information was sent to his e-mail in error. Which of the following is true?
20. Lawyer and Associate work together for several years. Lawyer is elected as a Judge and Associate purchases the Law practice and continues to run the firm. Associate practices law in the Jurisdiction that Judge presides over. Which of the following is true?
21. Lawyer is representing a local elected official in an embezzlement case. Local media coverage has been intense and members of the local press have been sensationalizing the trial and have reported several pieces of erroneous information. Lawyer decides to call a press conference to explain the erroneous information and to “set the record straight.” Lawyer reasonably believes that his actions are necessary to protect his Client. Which of the following is correct?
22. A judge is required to perform the duties of judicial office impartially, competently, and diligently.
23. A judge is permitted to be a member of an organization that practices invidious discrimination, so long as the judge does not practice such invidious discrimination from the bench.
24. Judges are generally permitted to engage in ex parte communications with parties to a case.
25. A judge shall not act as an arbitrator or a mediator or perform other judicial functions apart from the judge’s official duties unless expressly authorized by law.

JURI 580 Quiz 4 Ethical Delivery of Legal Services

1. The no-additional-compensation rule prohibits partners who are withdrawing from a law firm from receiving additional compensation for services rendered in winding up the partnership business.
2. When a Lawyer leaves a law firm, which of the following is NOT a step to be taken in giving notice to clients of the departure.
3. Internet-based document preparation sites are categorically forbidden by the ABA Model Rules and operation of such a site always constitutes the unauthorized practice of law.
4. Lawyer employs a paralegal who is highly knowledgeable in the area of estate planning. In fact, Lawyer often jokes at bar events that his paralegal knows more about estate planning than he does. As a result, Lawyer often allows the paralegal to interview estate planning clients, develop a preliminary estate plan with the client, give Clients preliminary advice and answer questions regarding the plan, and prepare draft documents for the estate plan. Lawyer reviews all the documents before executing them with the Clients.
5. Which of the following cases held that departing lawyers may be civilly liable for breach of their fiduciary obligations to their former firms?
6. There are no restrictions on direct mail advertising related to legal services.
7. Physical presence in a jurisdiction is the SOLE factor used by courts in determining whether an out-of-state lawyer is practicing in the jurisdiction.
8. In Gideon v. Wainwright, the United States Supreme Court held that this Constitutional Amendment guarantees an indigent defendant the right to counsel in felony criminal prosecutions.
9. Rules of ethics have traditionally prevented lawyers from entering into partnerships with nonlawyers.
10. Lawyer is retiring from the practice of law. Upon retirement, Lawyer will receive a pension plan from his firm. However, as a condition to receiving money from the pension plan, Lawyer must agree not to compete with the firm in the practice of law.
11. Indigent individuals have NO general right to court appointed counsel in CIVIL cases.
12. Which of the following refers to a contractual arrangement in which a sponsor contracts with a lawyer or law firm to provided designated legal services to members of a plan?
13. In which of the following cases did the Supreme Court of the United States outline a Constitutional right for Lawyers to engage in marketing their firms?
14. States use three basic systems to implement the constitutional right to counsel in criminal cases. Which of the three is principally used in large cities.
15. Legal services plans refer to contractual arrangements in which the sponsor of the plan contracts with a lawyer or law firm to provide designated legal services to the members of the plan.
16. In 2016 the ABA Commission on the Future of Legal Services estimated that only 25 percent of individuals are poor and don’t have meaningful access to the legal system.
17. Indigent defendants have a right to a court appointed attorney in CIVIL cases.
18. According to Model Rule 1.17, Lawyers are prohibited from selling a law practice.
19. Alexander v. Cahill provides further support for the view that advertising rules currently on the books in many states are unconstitutional.
20. Which of the following is NOT an exception allowing an out-of- state lawyer to provide legal services in a jurisdiction in which they are not admitted on a temporary basis
21. Under the Model Rules of Professional Conduct, Lawyers do not need to worry about their mental and physical health, so long as they personally believe that they can still represent clients effectively.
22. Which of the following refers to a partnership, corporation or other legal entity that includes lawyers and has as one of its purposes the providing of legal services to clients other than itself?
23. Model Rule 1.2(c) allows lawyers to enter into limited engagement agreements provided the limitation is reasonable under the circumstances and the client gives informed consent.
24. Lawyers may not use social media to market their law firm.
25. Under Central Hudson, the government may freely regulate commercial speech that concerns unlawful activity or is misleading.