NYLE Professional Responsibility 3

Question 1

An attorney learns through privileged communications that her client hid assets during a prior bankruptcy proceeding. The bankruptcy is now closed. Under NY RPC 1.6, may the attorney voluntarily disclose this to the bankruptcy trustee?

Accepted Answer

No, this is past criminal conduct and the exceptions to confidentiality do not apply

Answer

NY RPC 1.6's exceptions permitting disclosure of past crimes are narrow; completed frauds that no longer pose continuing harm generally do not qualify, so confidentiality controls.

Question 2

Under NY RPC 3.5, a New York attorney wishes to contact jurors after a verdict to learn about their deliberations for use in a future similar case. This is:

Accepted Answer

Permissible unless the juror declines or the court prohibits it

Answer

NY RPC 3.5(a)(4) allows post-verdict juror contact unless the court prohibits it, the juror has communicated a desire not to be contacted, or the communication involves misrepresentation or harassment.

Question 3

Attorney Z is a partner and directly supervises Associate W. Associate W makes a misrepresentation to a client without Attorney Z's knowledge. Under NY RPC 5.1, Attorney Z may be subject to discipline if:

Accepted Answer

Z knew of the misconduct at a time when its consequences could be avoided or mitigated but failed to act

Answer

NY RPC 5.1(c) makes a supervising attorney responsible for another lawyer's misconduct only if the supervisor knew of it in time to prevent or mitigate harm and failed to take reasonable action.

Question 4

A New York attorney represents a client in a personal injury case. Without the client's knowledge, the attorney settles the case for $50,000 because the attorney believes it is a fair offer. Has the attorney violated the NY Rules?

Accepted Answer

Yes, settlements require the client's informed consent under NY RPC 1.2(a)

Answer

NY RPC 1.2(a) reserves to the client the right to decide whether to settle; an attorney who settles without authorization violates both the rules and basic agency principles.

Question 5

An attorney is appointed to represent an indigent defendant and believes the appeal is frivolous. Under the standard established in Anders v. California and followed in New York, what should the attorney do?

Accepted Answer

File a no-merit letter with the court and ask to withdraw, after giving the client a copy

Answer

Under Anders, appointed appellate counsel must file a brief identifying anything in the record that might support an appeal, request leave to withdraw, and furnish the defendant a copy so the defendant may raise any points.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Professional Responsibility 3