VA Bar Professional Responsibility 3 — Questions and Answers
Question 1: A Virginia attorney enters a contingency fee agreement with a personal injury client. Which requirement is mandated by Virginia Rule 1.5?
- The agreement must be in writing, signed by the client, and state the method for calculating the fee (Correct answer)
- The attorney must obtain court approval before the contingency fee is collected
- The fee percentage must not exceed 33% of any recovery
- The attorney must disclose the contingency arrangement to the opposing party
Correct answer: The agreement must be in writing, signed by the client, and state the method for calculating the fee
Virginia Rule 1.5(c) requires contingency fee agreements to be in writing, signed by the client, and state the method of computing the fee and expenses deducted.
Question 2: A lawyer collects a $10,000 retainer from a client and deposits it into her operating account to pay for anticipated expenses. This is:
- A violation of Rule 1.15 requiring client funds to be held in a separate trust account (Correct answer)
- Permissible if the client consented in the engagement letter
- Permissible once the lawyer completes at least one billable hour
- Required under Virginia Rules to consolidate all firm funds
Correct answer: A violation of Rule 1.15 requiring client funds to be held in a separate trust account
Rule 1.15 requires lawyers to keep client funds separate from their own funds in a designated trust account until the funds are earned.
Question 3: A client's case becomes so acrimonious that the attorney-client relationship has irreparably broken down and the client has repeatedly ignored the attorney's advice. The attorney seeks to withdraw. Under Virginia Rule 1.16, this withdrawal is:
- Permissive — the attorney may withdraw with court permission if withdrawal causes no material prejudice (Correct answer)
- Mandatory — the attorney must withdraw under these circumstances
- Prohibited because the attorney accepted the representation
- Permissive only if the client agrees in writing to the withdrawal
Correct answer: Permissive — the attorney may withdraw with court permission if withdrawal causes no material prejudice
Rule 1.16(b) lists permissive grounds for withdrawal including an unreasonably difficult client relationship, subject to tribunal permission and avoidance of prejudice to the client.
Question 4: An attorney learns mid-trial that her client is insolvent and will be unable to pay the outstanding legal fees. The attorney may:
- Continue the representation and seek payment of fees after the case concludes (Correct answer)
- Immediately withdraw without notice because fee non-payment is mandatory withdrawal
- Withdraw only if the court has already appointed substitute counsel
- Settle the case without client consent to generate a collectible judgment
Correct answer: Continue the representation and seek payment of fees after the case concludes
Non-payment of fees is a permissive ground for withdrawal, but once trial has begun, courts routinely deny withdrawal requests that would prejudice the client.
Question 5: A senior partner instructs an associate to backdate a contract to make it appear signed before the statute of limitations ran. The associate should:
- Refuse the instruction because backdating constitutes fraud and violates Rule 8.4 (Correct answer)
- Follow the partner's instruction since partners have supervisory authority over associates
- Complete the task but disclose it to the client in a separate memo
- Complete the task and report the partner to bar counsel afterward
Correct answer: Refuse the instruction because backdating constitutes fraud and violates Rule 8.4
Rule 5.2 states that an associate is bound by the Rules of Professional Conduct and may not follow a supervising lawyer's clearly unethical instruction.
Question 6: A licensed Virginia attorney helps a non-lawyer friend prepare and file court documents on behalf of paying clients of the friend's 'legal document service.' The attorney is subject to discipline for:
- Assisting in the unauthorized practice of law under Rule 5.5(b) (Correct answer)
- Sharing fees with a non-lawyer under Rule 5.4 only
- Soliciting clients for the non-lawyer under Rule 7.3 only
- No violation if the attorney reviewed each document before filing
Correct answer: Assisting in the unauthorized practice of law under Rule 5.5(b)
Rule 5.5(b) prohibits a lawyer from assisting a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law.
Question 7: An attorney refers personal injury cases to a chiropractor. In return, the chiropractor refers clients to the attorney. The attorney's conduct is:
- Prohibited as an improper referral arrangement that could constitute a violation of Rule 7.2 and Rule 8.4 (Correct answer)
- Permitted if disclosed to each client in writing
- Permitted because no money changes hands
- Permitted if approved by the Virginia State Bar
Correct answer: Prohibited as an improper referral arrangement that could constitute a violation of Rule 7.2 and Rule 8.4
Reciprocal referral arrangements that are not disclosed and may compromise the lawyer's independent judgment violate Virginia's advertising and professional conduct rules.
VA Bar Professional Responsibility 3
A Virginia attorney enters a contingency fee agreement with a personal injury client.
Which requirement is mandated by Virginia Rule 1.5?