NYLE - New York Law NY Professional Responsibility Questions and Answers

Question 1

An attorney, newly admitted to the New York bar, is asked by a close family friend to handle a complex international trade dispute.
The attorney has no prior experience in this area of law.
According to the New York Rules of Professional Conduct, which of the following is the most appropriate course of action for the attorney?

Accepted Answer

Accept the representation, but only if they can achieve competence through diligent study and preparation before any critical deadlines.

Answer

Decline the representation immediately due to lack of experience.

Answer

Accept the representation and handle it to the best of their ability, as their duty of loyalty to a friend is paramount.

Answer

Refer the matter to a more experienced attorney and request a referral fee, without informing the client.

Question 2

A lawyer represents a client in a personal injury lawsuit. During a deposition, the client knowingly makes a false statement of material fact under oath. The lawyer was unaware the statement was false at the time it was made but discovers the truth the next day. Under the New York Rules of Professional Conduct, what is the lawyer's primary obligation?

Accepted Answer

To first remonstrate with the client to correct the false statement and, if the client refuses, take reasonable remedial measures, which may include disclosure to the tribunal.

Answer

To immediately inform the opposing counsel of the client's false statement.

Answer

To maintain client confidentiality above all else and proceed with the case as if the statement were true.

Answer

To withdraw from the representation without disclosing the reason to the court or opposing counsel.

Question 3

Attorney A and Attorney B are not in the same law firm. Attorney A refers a personal injury case to Attorney B, a certified specialist. They agree to divide the contingent fee. Under the New York Rules of Professional Conduct, which condition is NOT required for this fee division to be proper?

Accepted Answer

Both attorneys must be certified specialists in personal injury law.

Answer

The client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing.

Answer

The total fee charged to the client is reasonable and not excessive.

Answer

The division is in proportion to the services performed by each lawyer, or each lawyer assumes joint responsibility for the representation in a writing given to the client.

Question 4

An attorney represents a small tech startup. The attorney learns confidential information that the startup is about to be acquired by a major corporation at a price that will cause its stock to triple in value. The attorney's spouse, an independent stockbroker, asks for a 'hot tip.' Under which of the following circumstances may the attorney disclose this information?

Accepted Answer

Under no circumstances, unless the client gives informed consent.

Answer

If the information is already a rumor on a few obscure online forums.

Answer

If the attorney's spouse promises not to act on the information.

Answer

To prevent the spouse from committing the crime of insider trading.

Question 5

A lawyer represented Client X five years ago in negotiating a commercial lease for a retail space. Now, Landlord Y, the other party to that lease, wants to hire the lawyer to sue Client X for breach of that same lease agreement. What must the lawyer do to accept the representation of Landlord Y?

Accepted Answer

The lawyer must obtain informed consent, confirmed in writing, from the former client, Client X.

Answer

The lawyer may accept the representation without any further action because the previous matter is closed.

Answer

The lawyer is automatically barred from ever representing a client against a former client.

Answer

The lawyer only needs to inform Landlord Y of the prior representation of Client X.

Question 6

Which of the following situations describes a non-consentable conflict of interest under New York's Rules of Professional Conduct?

Accepted Answer

A lawyer representing one client in the assertion of a claim against another client who is represented by the same lawyer in the same litigation.

Answer

A lawyer representing two co-defendants in a civil case who have differing ideas on litigation strategy.

Answer

A lawyer whose personal financial interests might be adversely affected by the outcome of a client's case.

Answer

A lawyer seeking to represent a client in a transaction where the lawyer's former client is the adverse party.