NYLE Professional Responsibility 4

Question 1

A New York attorney advertises: 'I have never lost a case.' Under NY RPC 7.1, this advertisement is:

Accepted Answer

Prohibited as a statement likely to create unjustified expectations

Answer

NY RPC 7.1(a)(1) prohibits advertising that contains statements likely to create unjustified expectations about results, and claims of never losing a case fall squarely within this prohibition.

Question 2

An attorney simultaneously represents two co-defendants in a criminal case. Both defendants insist on joint representation despite the attorney's conflict warnings. Under NY RPC 1.7, joint representation is permissible if:

Accepted Answer

Both clients provide informed written consent and the attorney reasonably believes representation of each will not be materially limited

Answer

Under NY RPC 1.7(b), a lawyer may represent clients with concurrent conflicts if the lawyer reasonably believes competent representation is possible and each client gives informed written consent.

Question 3

A client instructs her attorney to pursue a claim that the attorney believes has no merit. The attorney must:

Accepted Answer

Advise the client of the attorney's assessment but may still file if the client insists and a good-faith argument exists

Answer

NY RPC 3.1 prohibits filing frivolous claims, but an attorney may advance a non-frivolous claim the attorney personally doubts, provided there is a good-faith argument for the client's position.

Question 4

Attorney represents Seller in a real estate transaction. Attorney also drafts the contract and represents Buyer's interests in explaining the terms. This dual representation without proper consent:

Accepted Answer

Violates NY RPC 1.7 because the interests of Seller and Buyer are directly adverse

Answer

Buyer and Seller have directly adverse interests in a transaction; simultaneously representing both without informed written consent from each violates NY RPC 1.7(a)(1).

Question 5

A New York attorney receives a subpoena for documents relating to a client's case. The attorney believes the documents are protected by attorney-client privilege. The attorney should:

Accepted Answer

Produce a privilege log and move to quash or for a protective order

Answer

The proper procedure is to assert the privilege, produce a privilege log identifying withheld documents, and seek judicial relief through a motion to quash or protective order.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Professional Responsibility 4