VA Bar Professional Responsibility 3

Question 1

A Virginia attorney enters a contingency fee agreement with a personal injury client. Which requirement is mandated by Virginia Rule 1.5?

Accepted Answer

The agreement must be in writing, signed by the client, and state the method for calculating the fee

Answer

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:

Accepted Answer

A violation of Rule 1.15 requiring client funds to be held in a separate trust account

Answer

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:

Accepted Answer

Permissive — the attorney may withdraw with court permission if withdrawal causes no material prejudice

Answer

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:

Accepted Answer

Continue the representation and seek payment of fees after the case concludes

Answer

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:

Accepted Answer

Refuse the instruction because backdating constitutes fraud and violates Rule 8.4

Answer

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.

(VA Bar) Virginia Bar Exam Practice Test

(VA Bar) Virginia Bar Exam Practice Test

VA Bar Professional Responsibility 3