NE Bar Professional Responsibility 4

Question 1

A supervising attorney knows that a subordinate lawyer has made an ethical violation. The supervisor will be responsible if:

Accepted Answer

The supervisor ordered the conduct or ratified it with knowledge of the specific conduct

Answer

The supervisor works in the same office as the subordinate

Answer

The supervisor reviewed the subordinate's work product

Answer

The supervisor is a partner rather than an associate

Question 2

A lawyer is approached by a prospective client. The lawyer declines the representation. The lawyer's duty of confidentiality regarding information shared during the consultation:

Accepted Answer

Applies to the information shared during the consultation

Answer

Does not apply because no representation was formed

Answer

Applies only if the prospective client signed a retainer agreement

Answer

Applies only if the lawyer charged a consultation fee

Question 3

A lawyer's written fee agreement states that any disputes will be resolved by binding arbitration and that the client waives the right to file a bar complaint. The arbitration clause is:

Accepted Answer

Permissible for fee disputes but not for disciplinary matters

Answer

Fully enforceable if the client signed the agreement

Answer

Enforceable only in commercial cases

Answer

Void because lawyers cannot include arbitration clauses in retainers

Question 4

A lawyer serves as both a mediator and later seeks to represent one of the parties to that mediation. This is:

Accepted Answer

Prohibited under the conflict rules because the lawyer served as a neutral

Answer

Permissible because mediation is not a legal representation

Answer

Permissible if the other party consents

Answer

Permissible if the mediation was unsuccessful

Question 5

Attorney Brown withdraws from representing a client midway through litigation. Which statement is TRUE regarding Brown's duties upon withdrawal?

Accepted Answer

Brown must take steps to protect the client's interests, including giving reasonable notice

Answer

Brown may retain the client's file until all fees are paid

Answer

Brown's duties to the client cease immediately upon filing a motion to withdraw

Answer

Brown must return the retainer fee in full upon withdrawal

Question 6

A Nebraska lawyer discovers that another lawyer in the firm has stolen client funds. The lawyer's obligation is to:

Accepted Answer

Report the misconduct to the Nebraska Supreme Court's disciplinary authorities

Answer

Report the matter to a supervising partner and take no further action

Answer

Advise the affected clients privately but not contact the bar

Answer

Wait to see if the other lawyer remedies the situation

Question 7

A client asks her lawyer to draft a contract with an illegal clause. The lawyer should:

Accepted Answer

Advise the client of the legal implications and decline to include the illegal provision

Answer

Draft the contract as instructed because the client has final authority over objectives

Answer

Refuse to draft the contract and withdraw immediately without explanation

Answer

Include the provision but add a disclaimer noting the illegality