NE Bar Professional Responsibility 3

Question 1

Lawyer Adams receives $10,000 from a client as an advance for future legal fees. Where must Adams deposit these funds?

Accepted Answer

In a client trust (IOLTA) account

Answer

In Adams's personal bank account

Answer

In the firm's general operating account

Answer

In a joint account shared with the client

Question 2

An attorney represents a corporation. The corporation's CEO instructs the attorney to take an action that the attorney believes will harm the corporation. The attorney's duty of loyalty runs to:

Accepted Answer

The corporation as the organizational client

Answer

The CEO as the directing official

Answer

Both the CEO and the corporation equally

Answer

The shareholders as the ultimate owners

Question 3

A lawyer who is personally prejudiced against a protected class of people may still ethically handle a case involving members of that class if:

Accepted Answer

She can provide competent and diligent representation despite the prejudice

Answer

She discloses her prejudice to the opposing counsel

Answer

She associates with co-counsel from the same class

Answer

She obtains a waiver from the client's legal guardian

Question 4

A prosecutor discovers after conviction that the defendant is actually innocent. What does Rule 3.8 require the prosecutor to do?

Accepted Answer

Promptly disclose the evidence to the defendant and take remedial action

Answer

Disclose the evidence only if ordered by the court

Answer

Keep the information confidential to protect the finality of judgments

Answer

Notify only the supervising prosecutor

Question 5

Under the imputed disqualification rules, if one lawyer in a firm is disqualified due to a personal conflict, the disqualification generally:

Accepted Answer

Is imputed to all lawyers in the firm

Answer

Applies only to partners, not associates

Answer

Can be waived by the conflicted lawyer's consent alone

Answer

Does not apply if the conflicted lawyer is screened

Question 6

A lawyer wants to communicate directly with an opposing party who is represented by counsel about the subject of the representation. This is:

Accepted Answer

Prohibited without the consent of the opposing party's lawyer

Answer

Permissible if the lawyer is polite and professional

Answer

Permissible if the communication is in writing

Answer

Permissible when the other party initiates contact

Question 7

Which of the following is NOT a required element of a fee agreement that must be in writing under Rule 1.5?

Accepted Answer

The hourly rate for work performed by paralegals

Answer

The basis or rate of the fee

Answer

The scope of the representation

Answer

A contingency fee arrangement and the method of computing it