NE Bar Professional Responsibility 2 — Questions and Answers
Question 1: A lawyer learns mid-trial that her client has testified falsely. What is the lawyer's duty under the Model Rules?
- Immediately withdraw from the case
- Take reasonable remedial measures, including disclosure to the tribunal if necessary (Correct answer)
- Advise the client to recant but take no further action
- Do nothing because the client's testimony is protected by confidentiality
Correct answer: Take reasonable remedial measures, including disclosure to the tribunal if necessary
Rule 3.3 requires a lawyer to take reasonable remedial measures when she knows the client has offered false testimony, including disclosure to the tribunal if other measures fail.
Question 2: Under the Nebraska Rules of Professional Conduct, when may a lawyer reveal client confidential information without the client's consent?
- Whenever the lawyer believes it is in the public interest
- Only when ordered to do so by a court
- To prevent reasonably certain death or substantial bodily harm (Correct answer)
- Only with prior approval from the state bar
Correct answer: To prevent reasonably certain death or substantial bodily harm
Rule 1.6(b) permits (but does not require) disclosure to prevent reasonably certain death or substantial bodily harm.
Question 3: Attorney Jones represents both the buyer and seller in a real estate transaction. Both clients give informed written consent. Which statement best describes this arrangement?
- It is always prohibited regardless of consent
- It is permissible if Jones reasonably believes he can represent both competently and both consent in writing (Correct answer)
- It is permissible only if Jones charges no fee
- It is permissible only if approved by a judge
Correct answer: It is permissible if Jones reasonably believes he can represent both competently and both consent in writing
Rule 1.7 permits concurrent representation of clients with directly adverse interests when both give informed written consent and the lawyer reasonably believes competent representation is possible.
Question 4: A Nebraska lawyer who has been suspended for six months wishes to resume practice. What must the lawyer do?
- Simply wait for the suspension period to expire and begin practicing
- File a petition for reinstatement with the Nebraska Supreme Court (Correct answer)
- Retake the bar examination
- Pay a reinstatement fee only, no petition required
Correct answer: File a petition for reinstatement with the Nebraska Supreme Court
Nebraska Supreme Court rules require a suspended attorney to petition for reinstatement and demonstrate fitness to resume practice.
Question 5: Which of the following best describes a lawyer's duty of competence under Rule 1.1?
- The lawyer must have prior experience in every area of law she handles
- The lawyer must provide legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation (Correct answer)
- Competence is presumed if the lawyer passed the bar exam
- The lawyer must associate with a specialist for every matter
Correct answer: The lawyer must provide legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation
Rule 1.1 defines competence as the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
Question 6: A lawyer receives a settlement offer from opposing counsel for $50,000. The client has not authorized settlement. What must the lawyer do?
- Accept the offer if it is in the client's best interest
- Reject the offer without informing the client to save time
- Promptly inform the client and abide by the client's decision (Correct answer)
- Negotiate further before notifying the client
Correct answer: Promptly inform the client and abide by the client's decision
Rule 1.4 requires the lawyer to promptly inform the client of any settlement offer, and Rule 1.2 reserves the decision to settle to the client.
Question 7: A lawyer charges a contingency fee in a criminal defense matter. This arrangement is:
- Permissible if the client agrees in writing
- Prohibited under the Model Rules (Correct answer)
- Permissible in misdemeanor cases only
- Permissible if the fee is reasonable
Correct answer: Prohibited under the Model Rules
Rule 1.5(d) prohibits contingency fee arrangements in criminal defense matters regardless of client consent.
NE Bar Professional Responsibility 2
A lawyer learns mid-trial that her client has testified falsely.
What is the lawyer's duty under the Model Rules?