DE Bar Ethics and Professional Responsibility

Question 1

When an attorney represents a new client with interests adverse to a former client, what must the attorney consider under the Delaware Rules of Professional Conduct?

Accepted Answer

Whether the new representation involves a matter that is substantially related to the former client's representation, and if so, whether the former client’s interests are materially adverse.

Answer

Whether the new client’s interests conflict with the attorney’s personal interests.

Answer

Whether the former client has agreed to the new representation.

Answer

Whether the new client’s case is more financially beneficial to the attorney.

Question 2

What is the appropriate course of action if an attorney discovers that client funds have been misappropriated from their trust account?

Accepted Answer

The attorney must promptly notify the client and the appropriate authorities, take steps to rectify the situation, and cooperate with any investigations.

Answer

The attorney should immediately remove all remaining funds from the trust account and close the account.

Answer

The attorney should continue to handle the funds as usual and address the issue later.

Answer

The attorney can use personal funds to cover the shortfall and avoid notifying the client.

Question 3

An attorney is representing a client in a civil case and learns that the client intends to commit perjury. What should the attorney do?

Accepted Answer

Withdraw from the representation and inform the court about the client's intention

Answer

Continue representing the client and advise them on how to avoid getting caught

Answer

Allow the client to proceed and address the perjury only if it comes to light

Answer

Report the client's intention to the opposing party in the case

Question 4

A lawyer is offered a significant gift from a client in gratitude for legal services provided. What should the lawyer consider before accepting the gift?

Accepted Answer

The lawyer should decline the gift to avoid any appearance of impropriety or undue influence

Answer

The lawyer may accept the gift without concern as long as it is not in exchange for legal services

Answer

The lawyer can accept the gift if the client insists, regardless of the circumstances

Answer

The lawyer should only accept the gift if it is of a minimal value

Question 5

A lawyer discovers that a colleague has engaged in serious misconduct, such as embezzling client funds. What is the lawyer's ethical obligation regarding this discovery?

Accepted Answer

Report the misconduct to the appropriate disciplinary authority or bar association

Answer

Ignore the misconduct unless it directly affects the lawyer’s own practice

Answer

Discuss the misconduct with the colleague and suggest they stop but take no further action

Answer

Inform the affected clients directly about the misconduct without reporting to the bar association