Lawyer SMC Lawyer Certification 2 — Questions and Answers
Question 1: Under the SMC framework, which doctrine requires a lawyer to disclose a conflict of interest before undertaking representation?
- Res judicata
- Duty of candor
- Informed consent rule (Correct answer)
- Collateral estoppel
Correct answer: Informed consent rule
The informed consent rule obligates attorneys to disclose conflicts and obtain client consent before proceeding.
Question 2: A client instructs her SMC-certified attorney to pursue a claim the attorney believes is frivolous. The attorney's proper course is to:
- File the claim immediately to follow client instructions
- Withdraw from representation without notice
- Advise the client of the legal weakness and refuse to file if it lacks merit (Correct answer)
- Report the client to the state bar
Correct answer: Advise the client of the legal weakness and refuse to file if it lacks merit
An attorney must counsel the client honestly and may not file a claim that is not warranted by law or a good-faith argument.
Question 3: Which standard of review applies when an appellate court examines a trial court's grant of summary judgment?
- Abuse of discretion
- Clearly erroneous
- De novo (Correct answer)
- Substantial evidence
Correct answer: De novo
Summary judgment rulings are questions of law reviewed de novo by appellate courts.
Question 4: The SMC Lawyer Certification exam tests competency in which primary area of professional responsibility?
- Tax law compliance
- Client communication and ethical conduct (Correct answer)
- Criminal procedure enforcement
- Administrative rulemaking
Correct answer: Client communication and ethical conduct
SMC certification focuses on ensuring attorneys meet standards for client communication and ethical practice.
Question 5: An attorney discovers mid-trial that a key witness they called has testified falsely. The attorney's obligation is to:
- Continue without action to preserve client confidentiality
- Immediately inform the jury
- Take reasonable remedial measures including disclosure to the tribunal (Correct answer)
- Move for a mistrial on the client's behalf
Correct answer: Take reasonable remedial measures including disclosure to the tribunal
Rule 3.3 requires an attorney to take reasonable remedial measures when they learn of false testimony before the tribunal.
Question 6: Under the work-product doctrine, which category of documents receives the highest level of protection?
- Factual summaries prepared by paralegals
- Attorney's mental impressions and legal theories (Correct answer)
- Witness statements taken by investigators
- Copies of public records
Correct answer: Attorney's mental impressions and legal theories
Opinion work product—an attorney's mental impressions and legal theories—receives near-absolute protection.
Question 7: A prospective client shares confidential information during an initial consultation but does not hire the attorney. That information is:
- Freely usable since no engagement was formed
- Protected and the attorney may have a conflict if representing an adverse party (Correct answer)
- Subject to disclosure to the adverse party
- Only protected for 30 days after the consultation
Correct answer: Protected and the attorney may have a conflict if representing an adverse party
Confidential information shared by a prospective client is protected under Model Rule 1.18, and may create a conflict.
Lawyer SMC Lawyer Certification 2
Under the SMC framework, which doctrine requires a lawyer to disclose a conflict of interest before undertaking representation?