Lawyer The Client-Lawyer Relationship 5 — Questions and Answers
Question 1: A lawyer discovers mid-representation that the client has been deceiving the lawyer about key facts. The lawyer may:
- Continue representing the client and simply discount the false information
- Withdraw if continued representation would assist the client's fraudulent conduct (Correct answer)
- Report the client to the opposing party immediately
- Seek sanctions against the client in court
Correct answer: Withdraw if continued representation would assist the client's fraudulent conduct
Model Rule 1.16(b)(2) permits withdrawal when the client has used or is using the lawyer's services to perpetrate a fraud, and Rule 1.2(d) prohibits assisting in fraudulent conduct.
Question 2: A lawyer enters into a business transaction with a current client. Under Model Rule 1.8(a), which requirement must be met?
- The transaction must benefit both parties equally
- The terms must be fair, disclosed in writing, the client must be advised to seek independent counsel, and must consent in writing (Correct answer)
- The lawyer must first withdraw from representation
- The bar association must be notified in advance
Correct answer: The terms must be fair, disclosed in writing, the client must be advised to seek independent counsel, and must consent in writing
Rule 1.8(a) requires that business transactions with clients be on fair terms, fully disclosed in writing, and the client must be given a chance to consult independent counsel before providing written consent.
Question 3: A lawyer's client is a minor whose parent pays the legal fees. Who is the lawyer's client for purposes of confidentiality and decision-making?
- The parent, since they are paying the bills
- Both the parent and the minor jointly
- The minor, since the minor is the named party in the representation (Correct answer)
- Whoever gives the first instruction on any given matter
Correct answer: The minor, since the minor is the named party in the representation
The person whose legal interests are being represented—the minor—is the client, and confidentiality and loyalty run to the minor, not the fee-paying parent.
Question 4: An attorney-client relationship is most likely formed when:
- A person pays a consultation fee to a lawyer
- A person reasonably believes the lawyer has agreed to provide legal assistance and the lawyer does not correct that belief (Correct answer)
- A lawyer gives general legal information at a public seminar
- A person sends an unsolicited email to a lawyer's firm
Correct answer: A person reasonably believes the lawyer has agreed to provide legal assistance and the lawyer does not correct that belief
Courts examine whether the potential client reasonably believed a relationship had been formed and whether the lawyer did or failed to do something to dispel that belief.
Question 5: A client instructs a lawyer not to disclose a prior felony conviction during plea negotiations. The prosecutor directly asks the lawyer if the client has a criminal record. The lawyer should:
- Deny the existence of any record per the client's instruction
- Refuse to answer and assert the attorney-client privilege on behalf of the client
- Answer truthfully, since the lawyer cannot make false statements of fact (Correct answer)
- Withdraw immediately from the negotiation
Correct answer: Answer truthfully, since the lawyer cannot make false statements of fact
Model Rule 4.1 prohibits a lawyer from making false statements of material fact; the lawyer cannot lie to the prosecutor even if instructed by the client.
Question 6: A lawyer receives a subpoena demanding client files. Before producing documents, the lawyer should:
- Comply immediately to avoid contempt of court
- Notify the client promptly and assert applicable privileges on the client's behalf (Correct answer)
- Seek a protective order without telling the client
- Redact all information and produce the remainder
Correct answer: Notify the client promptly and assert applicable privileges on the client's behalf
Duties of confidentiality (Rule 1.6) and communication (Rule 1.4) require the lawyer to notify the client and assert applicable privileges before producing protected materials.
Question 7: Which of the following best describes the duty of communication under Model Rule 1.4?
- Lawyers must only communicate when clients specifically request updates
- Lawyers must keep clients reasonably informed and promptly respond to reasonable requests for information (Correct answer)
- Lawyers must provide daily written status reports
- Communication is required only at the start and conclusion of representation
Correct answer: Lawyers must keep clients reasonably informed and promptly respond to reasonable requests for information
Rule 1.4 requires lawyers to keep clients reasonably informed about the status of matters and to promptly comply with reasonable requests for information.
Lawyer The Client-Lawyer Relationship 5
A lawyer discovers mid-representation that the client has been deceiving the lawyer about key facts.
The lawyer may: