NE Bar Professional Responsibility 2

Question 1

A lawyer learns mid-trial that her client has testified falsely. What is the lawyer's duty under the Model Rules?

Accepted Answer

Take reasonable remedial measures, including disclosure to the tribunal if necessary

Answer

Immediately withdraw from the case

Answer

Advise the client to recant but take no further action

Answer

Do nothing because the client's testimony is protected by confidentiality

Question 2

Under the Nebraska Rules of Professional Conduct, when may a lawyer reveal client confidential information without the client's consent?

Accepted Answer

To prevent reasonably certain death or substantial bodily harm

Answer

Whenever the lawyer believes it is in the public interest

Answer

Only when ordered to do so by a court

Answer

Only with prior approval from the state bar

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?

Accepted Answer

It is permissible if Jones reasonably believes he can represent both competently and both consent in writing

Answer

It is always prohibited regardless of consent

Answer

It is permissible only if Jones charges no fee

Answer

It is permissible only if approved by a judge

Question 4

A Nebraska lawyer who has been suspended for six months wishes to resume practice. What must the lawyer do?

Accepted Answer

File a petition for reinstatement with the Nebraska Supreme Court

Answer

Simply wait for the suspension period to expire and begin practicing

Answer

Retake the bar examination

Answer

Pay a reinstatement fee only, no petition required

Question 5

Which of the following best describes a lawyer's duty of competence under Rule 1.1?

Accepted Answer

The lawyer must provide legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation

Answer

The lawyer must have prior experience in every area of law she handles

Answer

Competence is presumed if the lawyer passed the bar exam

Answer

The lawyer must associate with a specialist for every matter

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?

Accepted Answer

Promptly inform the client and abide by the client's decision

Answer

Accept the offer if it is in the client's best interest

Answer

Reject the offer without informing the client to save time

Answer

Negotiate further before notifying the client

Question 7

A lawyer charges a contingency fee in a criminal defense matter. This arrangement is:

Accepted Answer

Prohibited under the Model Rules

Answer

Permissible if the client agrees in writing

Answer

Permissible in misdemeanor cases only

Answer

Permissible if the fee is reasonable