NYLE Professional Responsibility 5

Question 1

A New York attorney's client is also a close personal friend. The client asks the attorney to prepare a will that leaves a substantial bequest to the attorney. Under NY RPC 1.8(c), this is:

Accepted Answer

Prohibited unless the client is represented by independent counsel in making the gift

Answer

NY RPC 1.8(c) prohibits an attorney from drafting an instrument giving the attorney or a related person a substantial gift from a client unless the client is related to the donee and the client has independent counsel review the arrangement.

Question 2

An attorney is negotiating a settlement with an unrepresented adverse party. Under NY RPC 4.3, the attorney must:

Accepted Answer

Avoid giving the person any legal advice but may explain the attorney's own client's position

Answer

NY RPC 4.3 permits negotiation with unrepresented parties but requires the attorney to make clear the attorney's role, avoid implying neutrality, and refrain from giving legal advice other than to advise the person to get a lawyer.

Question 3

A New York prosecutor learns before trial that DNA evidence conclusively exonerates the defendant. Under NY RPC 3.8(d), the prosecutor must:

Accepted Answer

Disclose the exculpatory evidence to the defense promptly

Answer

NY RPC 3.8(d) imposes an affirmative duty on prosecutors to disclose all evidence or information that tends to negate guilt or mitigate the offense, beyond what Brady already requires.

Question 4

After winning a hard-fought verdict, a New York attorney posts on social media: 'Just crushed the defense in the [Client Name] case — $2 million for my client! Call me for results!' This post likely violates NY RPC:

Accepted Answer

1.6 (confidentiality) and 7.1 (advertising)

Answer

Posting a client's name and case outcome without consent violates the duty of confidentiality under NY RPC 1.6, and the boastful 'crushed' language creates unjustified expectations prohibited by NY RPC 7.1.

Question 5

Under NY RPC 1.16(c), a New York attorney who discovers that her client has used the attorney's services to perpetrate a fraud on a third party may:

Accepted Answer

Withdraw from representation even if it causes material harm to the client

Answer

NY RPC 1.16(c)(1) permits permissive withdrawal when the client has used the attorney's services to engage in conduct the attorney knows is illegal, even if withdrawal prejudices the client.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Professional Responsibility 5