Injury Lawyer Attorney Ethics & Professional Responsibility 1 — Questions and Answers
Question 1: Under the Model Rules of Professional Conduct, a personal injury attorney who discovers a conflict of interest after representation has begun must first:
- Withdraw from the case immediately without notice
- Consult with the client and obtain informed consent if the conflict is consentable (Correct answer)
- Continue representation since the conflict arose after the engagement started
- File a motion with the court to disclose the conflict
Correct answer: Consult with the client and obtain informed consent if the conflict is consentable
When a conflict arises during representation, the attorney must consult with the client and obtain informed written consent if the conflict is one that can be waived under the rules.
Question 2: A personal injury attorney who charges a contingency fee must provide the client with a written fee agreement that includes which of the following?
- Only the percentage the attorney will receive if successful
- The percentage fee, how expenses are deducted, and what happens if the client terminates the agreement (Correct answer)
- A guarantee of the minimum recovery the client will receive
- The names of all opposing counsel expected in the case
Correct answer: The percentage fee, how expenses are deducted, and what happens if the client terminates the agreement
Model Rule 1.5(c) requires contingency fee agreements to be in writing and specify the percentage, how litigation expenses affect the fee, and the consequences of termination.
Question 3: An injury attorney learns that a key witness is willing to testify falsely in favor of the client. The attorney's ethical obligation is to:
- Use the testimony since the attorney did not suborn the perjury
- Advise the witness to testify truthfully and refuse to present testimony the attorney knows is false (Correct answer)
- Present the testimony but disclose the concern to the judge privately
- Ask the court to seal the record before the witness testifies
Correct answer: Advise the witness to testify truthfully and refuse to present testimony the attorney knows is false
Under Model Rule 3.3, an attorney must not knowingly offer false evidence and must take reasonable remedial measures if false testimony is offered.
Question 4: Which of the following best describes an injury attorney's duty of communication under Model Rule 1.4?
- Promptly inform the client of any settlement offer and keep the client reasonably informed about the status of the matter (Correct answer)
- Contact the client only when a court date is scheduled
- Share all internal strategy memos with the client upon request
- Provide weekly written reports to the client regardless of case activity
Correct answer: Promptly inform the client of any settlement offer and keep the client reasonably informed about the status of the matter
Rule 1.4 requires attorneys to promptly inform clients of all settlement offers and keep them reasonably informed so they can make informed decisions.
Question 5: A personal injury attorney settles a case for $150,000 without the client's prior authorization. This conduct primarily violates which ethical duty?
- Duty of competence
- Duty of loyalty
- Duty to abide by the client's decisions concerning the objectives of representation (Correct answer)
- Duty of confidentiality
Correct answer: Duty to abide by the client's decisions concerning the objectives of representation
Model Rule 1.2 reserves to the client the authority to decide whether to settle a matter; settling without authorization violates this fundamental client autonomy rule.
Question 6: An injury attorney who simultaneously represents two clients injured in the same accident must:
- Withdraw from representing both clients immediately
- Obtain informed written consent from both clients after full disclosure of the conflict (Correct answer)
- Represent the client with the stronger case and refer the other to a colleague
- Disclose the conflict only if the clients' interests later diverge
Correct answer: Obtain informed written consent from both clients after full disclosure of the conflict
A concurrent conflict of interest may be consentable under Rule 1.7(b) if each client gives informed written consent after the attorney discloses the risks of joint representation.
Question 7: After a personal injury case concludes, how long must an attorney generally retain the client's file under most state bar guidelines?
- 6 months
- 1 year
- 5 to 7 years (or until the statute of limitations for malpractice expires) (Correct answer)
- Indefinitely
Correct answer: 5 to 7 years (or until the statute of limitations for malpractice expires)
Most state bar guidelines require attorneys to retain client files for five to seven years after matter conclusion, aligned with the malpractice limitations period.
Injury Lawyer Attorney Ethics & Professional Responsibility 1
Under the Model Rules of Professional Conduct, a personal injury attorney who discovers a conflict of interest after representation has begun must first: