NE Bar Professional Responsibility 5

Question 1

A lawyer makes a false statement of material fact to opposing counsel during negotiations. This conduct violates:

Accepted Answer

Rule 4.1, which prohibits false statements of material fact to third persons

Answer

Rule 4.1 prohibits a lawyer from making a false statement of material fact or law to a third person, including opposing counsel, in the course of representing a client.

Question 2

A lawyer employed at a law firm is instructed by a partner to engage in conduct the associate reasonably believes would violate a Rule of Professional Conduct. The associate should:

Accepted Answer

Refuse to follow the instruction and, if necessary, report the matter within the firm

Answer

Rule 5.2 provides that a subordinate lawyer is bound by the Rules even when acting at a supervisor's direction and must refuse to comply with instructions that would violate the Rules.

Question 3

A law firm wishes to split a fee with a referring attorney outside the firm. Under Rule 1.5(e), this is permissible only if:

Accepted Answer

The client consents in writing, the split is proportional to services or the referring attorney assumes joint responsibility, and the total fee is reasonable

Answer

Rule 1.5(e) conditions fee-splitting between lawyers of different firms on client written consent, proportionate division or assumption of joint responsibility, and a reasonable total fee.

Question 4

A Nebraska attorney is convicted of a felony in another state. The Nebraska Supreme Court may:

Accepted Answer

Impose interim suspension pending a formal disciplinary proceeding

Answer

Nebraska Supreme Court rules allow interim suspension of a lawyer convicted of a serious crime while formal disciplinary proceedings are pending.

Question 5

A lawyer representing a client in a civil matter discovers that the opposing party's key witness has been bribed by a third party unrelated to the lawyer's client. The lawyer's ethical obligation is to:

Accepted Answer

Advise the client and, if necessary, disclose to appropriate authorities to prevent a fraud on the tribunal

Answer

A fraud being perpetrated on the tribunal implicates the lawyer's duty of candor under Rule 3.3; the lawyer must advise the client and may need to disclose to prevent the fraud.

(NE Bar) Nebraska Bar Exam Practice Test

(NE Bar) Nebraska Bar Exam Practice Test

NE Bar Professional Responsibility 5