Injury Lawyer Attorney Ethics & Professional Responsibility

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:

Accepted Answer

Consult with the client and obtain informed consent if the conflict is consentable

Answer

Withdraw from the case immediately without notice

Answer

Continue representation since the conflict arose after the engagement started

Answer

File a motion with the court to disclose the conflict

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?

Accepted Answer

The percentage fee, how expenses are deducted, and what happens if the client terminates the agreement

Answer

Only the percentage the attorney will receive if successful

Answer

A guarantee of the minimum recovery the client will receive

Answer

The names of all opposing counsel expected in the case

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:

Accepted Answer

Advise the witness to testify truthfully and refuse to present testimony the attorney knows is false

Answer

Use the testimony since the attorney did not suborn the perjury

Answer

Present the testimony but disclose the concern to the judge privately

Answer

Ask the court to seal the record before the witness testifies

Question 4

Which of the following best describes an injury attorney's duty of communication under Model Rule 1.4?

Accepted Answer

Promptly inform the client of any settlement offer and keep the client reasonably informed about the status of the matter

Answer

Contact the client only when a court date is scheduled

Answer

Share all internal strategy memos with the client upon request

Answer

Provide weekly written reports to the client regardless of case activity

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?

Accepted Answer

Duty to abide by the client's decisions concerning the objectives of representation

Answer

Duty of competence

Answer

Duty of loyalty

Answer

Duty of confidentiality

Question 6

An injury attorney who simultaneously represents two clients injured in the same accident must:

Accepted Answer

Obtain informed written consent from both clients after full disclosure of the conflict

Answer

Withdraw from representing both clients immediately

Answer

Represent the client with the stronger case and refer the other to a colleague

Answer

Disclose the conflict only if the clients' interests later diverge

Question 7

After a personal injury case concludes, how long must an attorney generally retain the client's file under most state bar guidelines?

Accepted Answer

5 to 7 years (or until the statute of limitations for malpractice expires)

Answer

6 months

Answer

1 year

Answer

Indefinitely