DE Bar Ethics and Professional Responsibility 2

Question 1

Under the Delaware Lawyers' Rules of Professional Conduct, a lawyer may reveal confidential client information without consent when the lawyer reasonably believes it is necessary to:

Accepted Answer

Prevent reasonably certain death or substantial bodily harm

Answer

Rule 1.6(b) permits disclosure to prevent reasonably certain death or substantial bodily harm.

Question 2

A Delaware lawyer is offered a contingent fee arrangement by a client in a divorce case, with the fee based on the amount of alimony secured. This arrangement is:

Accepted Answer

Prohibited because contingent fees are barred in domestic relations matters based on securing alimony or support

Answer

Rule 1.5(d) prohibits contingent fees contingent on securing a divorce or on the amount of alimony, support, or property settlement.

Question 3

A lawyer receives settlement funds on behalf of a client. Under Delaware's trust accounting rules, the lawyer must:

Accepted Answer

Promptly notify the client and deliver the funds the client is entitled to receive

Answer

Rule 1.15 requires prompt notification and delivery of funds the client is entitled to receive, with client funds kept in a separate trust account.

Question 4

During trial, a lawyer learns that a witness she called has testified falsely on a material issue. Under Rule 3.3, the lawyer must:

Accepted Answer

Take reasonable remedial measures, including disclosure to the tribunal if necessary

Answer

Rule 3.3 requires reasonable remedial measures, up to disclosure to the tribunal, when a lawyer learns material evidence was false.

Question 5

A lawyer wants to negotiate a book deal with a client about the client's pending criminal case before the representation ends. This is:

Accepted Answer

Prohibited because a lawyer may not acquire literary or media rights based substantially on the representation before it concludes

Answer

Rule 1.8(d) bars agreements for literary or media rights based substantially on the representation until it has concluded.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Ethics and Professional Responsibility 2