VT Bar Professional Responsibility 2

Question 1

An attorney represents both the buyer and seller in a real estate transaction. Under the Model Rules, this concurrent conflict of interest is permissible only if:

Accepted Answer

The attorney reasonably believes representation will not be adversely affected and both clients give informed written consent

Answer

The transaction involves less than $100,000 and no litigation is anticipated

Answer

The clients are related by blood or marriage

Answer

The attorney discloses the conflict to the court

Question 2

An attorney who previously represented a former client in a contract dispute is now asked to represent a new client suing the former client on an unrelated tort claim. Under MR 1.9, the attorney:

Accepted Answer

May represent the new client because the matters are not substantially related

Answer

May never represent any party adverse to a former client

Answer

Must obtain court approval before switching sides

Answer

May proceed only if the new claim arose after the prior representation ended

Question 3

A lawyer is approached by Client A and Client B, co-defendants in a civil suit, who ask to be jointly represented. The lawyer identifies a potential conflict. What is the FIRST step the lawyer must take?

Accepted Answer

Analyze whether the lawyer can provide competent and diligent representation to both clients

Answer

Obtain written consent from both clients immediately

Answer

File a motion to sever the defendants

Answer

Withdraw from both representations

Question 4

A law firm screens a laterally hired attorney from a matter to prevent imputation of her conflict to the firm. Under MR 1.10(a)(2), which element is NOT required for a valid screen?

Accepted Answer

Court approval of the screening procedure

Answer

Timely imposition of the screen

Answer

Written notice to the affected former client

Answer

No apportionment of the fee to the screened lawyer

Question 5

An attorney personally owns stock in a corporation that is an adverse party in her client's lawsuit. This creates:

Accepted Answer

A personal interest conflict under MR 1.7(a)(2) that may be waivable

Answer

An automatic disqualification that cannot be waived

Answer

No conflict because the stock ownership is publicly known

Answer

A conflict only if the attorney owns more than 5% of the corporation

Question 6

Under MR 1.8(a), a lawyer who wants to enter a business transaction with a current client must satisfy all of the following EXCEPT:

Accepted Answer

The client must be represented by independent counsel in negotiating the transaction

Answer

The terms must be fair and reasonable to the client

Answer

The client must give informed consent in a signed writing

Answer

The lawyer must fully disclose the transaction in writing

Question 7

Attorney represents both a husband and wife in drafting a joint will. After completion, the couple divorces and the wife asks the attorney to represent her in a claim against the husband's estate. Under MR 1.9, the attorney:

Accepted Answer

Is likely disqualified because the divorce dispute is substantially related to the prior joint estate planning

Answer

May represent the wife because the prior representation is completed

Answer

May represent the wife because the husband is now deceased

Answer

Is disqualified only if the wife requests the husband's confidential information