Lawyer SMC Lawyer Certification 3

Question 1

Which rule governs an attorney's duty to keep clients reasonably informed about the status of their matter?

Accepted Answer

Model Rule 1.4

Answer

Model Rule 1.4 requires attorneys to keep clients reasonably informed and promptly respond to requests for information.

Question 2

In U.S. federal court, the 'but-for' causation standard is most commonly applied in which type of claim?

Accepted Answer

Title VII disparate treatment discrimination

Answer

The Supreme Court held in Gross v. FBL Financial that 'but-for' causation applies to disparate treatment claims under the ADEA, a standard extended to Title VII contexts.

Question 3

An attorney holds client funds in an IOLTA account. Commingling personal funds with client funds is:

Accepted Answer

Prohibited under professional conduct rules

Answer

Commingling personal and client funds in an IOLTA account is strictly prohibited by Model Rule 1.15.

Question 4

Which of the following best describes the 'mailbox rule' in contract formation?

Accepted Answer

Acceptance is effective when properly dispatched, not when received

Answer

The mailbox rule provides that acceptance of an offer is effective at the moment it is properly sent, not when received.

Question 5

Under the Sixth Amendment, the right to effective assistance of counsel is violated when counsel's performance is deficient AND:

Accepted Answer

The deficiency prejudiced the outcome

Answer

Under Strickland v. Washington, both deficient performance and resulting prejudice must be proven to establish ineffective assistance.

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Lawyer Practice Test

Lawyer SMC Lawyer Certification 3