Injury Lawyer Attorney Ethics & Professional Responsibility 3

Question 1

An injury attorney who learns that the opposing party's expert witness has fabricated credentials is ethically required to:

Accepted Answer

Disclose the information to the court as a fraud on the tribunal under Rule 3.3

Answer

Use the information to discredit the witness at trial without disclosure

Answer

Privately inform the expert witness and allow them to correct the record

Answer

Ignore the issue since it is the opposing party's problem to manage their own witnesses

Question 2

Which of the following is an example of an attorney improperly advancing funds to a client in violation of ethics rules?

Accepted Answer

Lending money to a client for living expenses while the case is pending, contingent on the case outcome

Answer

Paying litigation costs such as filing fees on the client's behalf to be repaid from the recovery

Answer

Advancing the cost of a medical records request to be deducted from the settlement

Answer

Paying for an independent medical examination necessary to evaluate the client's claim

Question 3

A personal injury attorney realizes mid-trial that a medical record introduced into evidence was fabricated by the client. The attorney's first obligation is to:

Accepted Answer

Remonstrate with the client and, if the client refuses to correct the fraud, potentially disclose to the court

Answer

Move for a mistrial to avoid revealing the fraud

Answer

Continue with trial since the attorney did not fabricate the record

Answer

Request a recess and simply remove the exhibit without informing the court

Question 4

The 'work product doctrine' in personal injury litigation primarily protects:

Accepted Answer

Materials prepared by or for the attorney in anticipation of litigation from opposing party discovery

Answer

All documents in the attorney's file from any disclosure

Answer

Client communications from disclosure to third parties

Answer

Expert witness reports from disclosure to the opposing party

Question 5

An injury attorney who accepts payment from a third party (e.g., an insurer) to represent the client must ensure that:

Accepted Answer

The client gives informed consent and the attorney's loyalty remains with the client, not the payor

Answer

The third party's interests control the scope of representation

Answer

The fee arrangement is disclosed only to the state bar, not the client

Answer

The third party can direct the attorney's litigation strategy since they are paying

Question 6

Under Model Rule 1.16, an injury attorney may withdraw from representation if the client:

Accepted Answer

Persists in a course of action the attorney reasonably believes is criminal or fraudulent

Answer

Has recovered sufficiently from their injuries to work again

Answer

Refuses to accept a settlement the attorney considers fair

Answer

Changes their testimony in a way that strengthens their case

Question 7

Which statement best describes an injury attorney's duty of competence under Model Rule 1.1?

Accepted Answer

The attorney must provide legal services with the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation

Answer

The attorney must win every case they accept

Answer

Competence only applies to attorneys licensed fewer than five years

Answer

The duty of competence is satisfied solely by having a law license in the relevant jurisdiction