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

Rule 3.3(b) requires an attorney who knows that a person intends to engage in or has engaged in criminal or fraudulent conduct related to a proceeding to take remedial measures, including disclosure to the tribunal.

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

Under Rule 1.8(e), attorneys may advance litigation costs but generally may not provide financial assistance to clients for living expenses, as it creates an improper financial stake in the litigation.

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

Rule 3.3 requires the attorney to remonstrate with the client about correcting the fraud; if the client refuses, the attorney must take reasonable remedial measures up to and including disclosure to the tribunal.

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

The work product doctrine, codified in FRCP 26(b)(3), protects documents and tangible things prepared in anticipation of litigation from discovery by the opposing party, subject to exceptions for substantial need.

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

Rule 1.8(f) permits third-party payment only if the client consents, confidentiality is maintained, and the third party does not interfere with the attorney's independent professional judgment.

Injury Lawyer Practice Test

Injury Lawyer Practice Test

Injury Lawyer Attorney Ethics & Professional Responsibility 3