Lawyer The Client-Lawyer Relationship 2 — Questions and Answers
Question 1: A lawyer represents a corporation. A conflict arises between the interests of the corporation and one of its officers. Whose interests must the lawyer prioritize?
- The officer's, since the officer gave direct instructions
- The corporation's, as the organization is the client (Correct answer)
- Both equally, since both are paying clients
- The shareholder majority's interest
Correct answer: The corporation's, as the organization is the client
Under Model Rule 1.13, when a lawyer represents an organization, the client is the organization itself, not its individual officers or employees.
Question 2: A prospective client discloses confidential information during a consultation but does not hire the lawyer. What obligation does the lawyer have regarding that information?
- None, since no attorney-client relationship was formed
- Must keep it confidential to the extent it could harm the prospective client (Correct answer)
- Must return all notes taken during the consultation
- Must disclose it to any future client with adverse interests
Correct answer: Must keep it confidential to the extent it could harm the prospective client
Model Rule 1.18 protects information shared by prospective clients even if no representation results.
Question 3: A client instructs a lawyer to pursue a frivolous counterclaim solely to harass the opposing party. The lawyer should:
- File it, since the client has authority over litigation objectives
- Refuse, because filing frivolous claims violates Rule 3.1 (Correct answer)
- File it but add a disclaimer
- Withdraw from the case immediately without notice
Correct answer: Refuse, because filing frivolous claims violates Rule 3.1
Model Rule 3.1 prohibits a lawyer from bringing or asserting a claim that is frivolous, and Rule 1.2 does not require lawyers to follow instructions that violate the Rules of Professional Conduct.
Question 4: Under the Model Rules, which of the following best describes 'informed consent' from a client?
- Client agrees after being told the outcome will be favorable
- Client agrees after the lawyer adequately explains the material risks and alternatives (Correct answer)
- Client signs a standard retainer agreement
- Client verbally agrees to any proposed action
Correct answer: Client agrees after the lawyer adequately explains the material risks and alternatives
Model Rule 1.0(e) defines informed consent as agreement after the lawyer has communicated adequate information about the material risks and alternatives.
Question 5: A lawyer learns during representation that a client intends to commit perjury at trial. The lawyer's best course of action is to:
- Allow the client to testify as planned to protect confidentiality
- Counsel the client against perjury, and if refused, consider withdrawal (Correct answer)
- Inform the judge preemptively to protect the court
- Prepare the testimony as directed to avoid abandoning the client
Correct answer: Counsel the client against perjury, and if refused, consider withdrawal
Model Rule 3.3 requires a lawyer to take reasonable remedial measures if a client intends to offer false testimony, including counseling against it and potentially withdrawing.
Question 6: A lawyer settling a case receives a check payable to both the lawyer and client. The lawyer needs to pay outstanding legal fees. The lawyer must:
- Deposit the full amount in the operating account and deduct fees
- Deposit the full amount in the trust account, notify the client, and distribute only undisputed amounts (Correct answer)
- Cash the check and split it immediately
- Hold the check uncashed until the client provides written authorization
Correct answer: Deposit the full amount in the trust account, notify the client, and distribute only undisputed amounts
Model Rule 1.15 requires settlement funds to be deposited in a trust account; the lawyer may only withdraw the portion representing undisputed fees after proper notice to the client.
Question 7: Which of the following circumstances generally does NOT allow a lawyer to withdraw from representation without court permission mid-litigation?
- The client has failed to pay fees after reasonable notice
- The client is pursuing a clearly meritorious claim the lawyer dislikes personally (Correct answer)
- Continued representation would require the lawyer to violate the Rules
- The client has used the lawyer's services to commit fraud
Correct answer: The client is pursuing a clearly meritorious claim the lawyer dislikes personally
A lawyer may not withdraw simply because they personally disagree with a legitimate client objective; withdrawal requires good cause under Model Rule 1.16.
Lawyer The Client-Lawyer Relationship 2
A lawyer represents a corporation.
A conflict arises between the interests of the corporation and one of its officers.
Whose interests must the lawyer prioritize?