Auto Accident Attorney Attorney-Client Relationship and Legal Ethics 2

Question 1

Which document formally establishes the attorney-client relationship and outlines the fee arrangement in an auto accident case?

Accepted Answer

A retainer agreement

Answer

A retainer agreement is the contract between attorney and client that formalizes the representation, details the fee structure, and outlines the scope of services.

Question 2

If an auto accident attorney receives a settlement check made out to both the attorney and client, what must happen first?

Accepted Answer

The funds must be deposited into a client trust account until distribution is agreed upon

Answer

Settlement funds must be placed in a client trust (IOLTA) account to keep them separate from the attorney's own funds until fees, costs, and distributions are properly resolved.

Question 3

What ethical obligation requires an auto accident attorney to act in the client's best interests rather than their own?

Accepted Answer

Duty of loyalty (fiduciary duty)

Answer

The duty of loyalty, part of the attorney's fiduciary duty, requires placing the client's interests above the attorney's own personal or financial interests.

Question 4

A client asks their auto accident attorney to present fabricated medical records to boost their claim. The attorney should:

Accepted Answer

Refuse and potentially withdraw from representation

Answer

Presenting fabricated evidence is fraud and a serious ethical violation; the attorney must refuse and may be required to withdraw from the case if the client insists on this course.

Question 5

What is 'barratry' in the context of auto accident attorneys?

Accepted Answer

Soliciting or stirring up lawsuits for personal profit, sometimes called ambulance chasing

Answer

Barratry refers to the unethical practice of an attorney soliciting accident victims at the scene or hospital to hire them, which is prohibited by professional conduct rules.

Auto Accident Attorney Practice Test

Auto Accident Attorney Practice Test

Auto Accident Attorney Attorney-Client Relationship and Legal Ethics 2