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

Rule 1.15 requires that client funds received in advance for fees be held in a separate trust account until the fees are earned.

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

Rule 1.13 establishes that when representing an organization, the lawyer's client is the organization itself, not its individual constituents.

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

A lawyer's personal views do not automatically disqualify representation so long as the lawyer can competently and diligently represent the client.

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

Rule 3.8(g) requires a prosecutor who knows of new, credible evidence creating reasonable likelihood of wrongful conviction to promptly disclose it to the defendant and take remedial action.

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

Rule 1.10 provides that a conflict of interest personally disqualifying one lawyer generally is imputed to all lawyers in the same firm.

(NE Bar) Nebraska Bar Exam Practice Test

(NE Bar) Nebraska Bar Exam Practice Test

NE Bar Professional Responsibility 3