NYLE Professional Responsibility 2

Question 1

An attorney represents a corporate client and learns during the representation that a mid-level manager is committing fraud that will harm investors. The manager refuses to stop. Under the NY Rules of Professional Conduct, what must the attorney do first?

Accepted Answer

Refer the matter to higher authority within the corporation

Answer

Under NY RPC 1.13, when an attorney knows a constituent is acting illegally and the organization may be harmed, the attorney must refer the matter up the corporate chain before taking external action.

Question 2

A New York attorney charges a contingency fee in a matrimonial action for property division. Under the NY Rules of Professional Conduct, this fee arrangement is:

Accepted Answer

Prohibited entirely in matrimonial actions

Answer

NY RPC 1.5(d) expressly prohibits contingency fees in domestic relations matters, unlike some other jurisdictions that allow them in limited circumstances.

Question 3

Attorney A and Attorney B are in the same firm. Attorney A previously represented Client X in a matter now adverse to Client Y, who wants to retain Attorney B. Attorney A is screened and receives no part of the fee. Under NY RPC 1.10, is Attorney B disqualified?

Accepted Answer

No, because timely screening prevents imputation under NY RPC 1.10

Answer

NY RPC 1.10(e) permits screening to prevent imputation of a personally disqualified lawyer's conflict when the screen is timely erected and meets the rule's requirements.

Question 4

A client tells her attorney she plans to lie on the witness stand at her upcoming civil trial. The attorney advises against it, but the client insists. If the client testifies falsely, what is the attorney's primary obligation under NY RPC 3.3?

Accepted Answer

Take reasonable remedial measures, including disclosure to the tribunal if necessary

Answer

NY RPC 3.3(b) requires an attorney who knows a client has offered false evidence to take reasonable remedial measures, up to and including disclosure to the tribunal.

Question 5

A New York attorney receives a $5,000 retainer against future fees. She deposits it into her personal checking account and bills against it as she works. This handling of the retainer is:

Accepted Answer

Improper because unearned client funds must be held in a separate trust (IOLA) account

Answer

Under NY RPC 1.15, unearned advance fees are client property and must be deposited in a properly maintained trust account (IOLA) until earned.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Professional Responsibility 2