Lawyer SMC Lawyer Certification 2

Question 1

Under the SMC framework, which doctrine requires a lawyer to disclose a conflict of interest before undertaking representation?

Accepted Answer

Informed consent rule

Answer

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:

Accepted Answer

Advise the client of the legal weakness and refuse to file if it lacks merit

Answer

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?

Accepted Answer

De novo

Answer

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?

Accepted Answer

Client communication and ethical conduct

Answer

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:

Accepted Answer

Take reasonable remedial measures including disclosure to the tribunal

Answer

Rule 3.3 requires an attorney to take reasonable remedial measures when they learn of false testimony before the tribunal.

Lawyer Practice Test