NYLE NY Professional Responsibility 2

Question 1

Under New York's Rules of Professional Conduct (RPC), when must an attorney decline or withdraw from representation due to a conflict of interest?

Accepted Answer

When the representation will involve the attorney in representing differing interests, unless each client gives informed consent confirmed in writing

Answer

Only when both clients are in the same lawsuit

Answer

Only when the attorney has a financial interest in the outcome

Answer

Conflicts never require withdrawal if the attorney believes they can be fair

Question 2

Under New York RPC 1.15, what must an attorney do with client funds received in connection with a representation?

Accepted Answer

Deposit them in a special account separate from the attorney's own funds (IOLA or escrow account)

Answer

Deposit them in the attorney's personal checking account for safekeeping

Answer

Immediately distribute them to the client

Answer

Hold them in cash in the attorney's office safe

Question 3

Under New York RPC 3.3, what is an attorney's duty of candor toward the tribunal?

Accepted Answer

The attorney must not make false statements of fact or law and must disclose directly adverse legal authority in the controlling jurisdiction not disclosed by opposing counsel

Answer

The attorney must disclose all facts, even those harmful to the client's case

Answer

The attorney has no obligation regarding truthfulness if the client instructs otherwise

Answer

The duty of candor applies only in appellate proceedings

Question 4

Under New York RPC 1.6, what is the scope of the attorney's duty of confidentiality?

Accepted Answer

It covers all information relating to the representation, regardless of the source

Answer

It covers only information the client explicitly labels as confidential

Answer

It covers only communications made in the attorney's office

Answer

It covers only information obtained during litigation, not transactional work

Question 5

Under New York's attorney disciplinary system, which body has the authority to impose sanctions on attorneys for professional misconduct?

Accepted Answer

The Appellate Division of the Supreme Court in the department where the attorney is admitted

Answer

The New York State Bar Association

Answer

The local county bar association

Answer

The Court of Appeals exclusively

Question 6

Under New York RPC 1.5, what standard governs the reasonableness of attorney fees?

Accepted Answer

Fees must not be excessive, considering factors such as time and labor, novelty and difficulty, the customary fee, the amount involved, and the attorney's experience

Answer

Attorneys may charge any fee agreed upon by the client

Answer

Fees are regulated by a fixed schedule set by the court system

Answer

Only contingency fees are subject to reasonableness review