VT Bar Professional Responsibility 3

Question 1

A client tells his attorney in confidence that he plans to commit fraud that will cause substantial financial harm to a third party. Under MR 1.6(b)(2), the attorney:

Accepted Answer

May (but is not required to) reveal the information to prevent the fraud

Answer

Must reveal the information to prevent the fraud

Answer

May not reveal the information under any circumstance

Answer

Must withdraw but may not reveal the information

Question 2

A client is suing her attorney for malpractice. The attorney wants to disclose confidential communications to defend herself. Under MR 1.6(b)(5), this disclosure is:

Accepted Answer

Permitted to the extent reasonably necessary to establish a defense to the client's claim

Answer

Never permitted because the attorney-client privilege protects the client

Answer

Permitted only with court authorization

Answer

Permitted only if the client first waives the privilege

Question 3

Which of the following is the BROADEST protection under MR 1.6, compared to the common-law attorney-client privilege?

Accepted Answer

MR 1.6 protects all information relating to the representation, not just privileged communications

Answer

MR 1.6 only protects confidential communications made in seeking legal advice

Answer

MR 1.6 protection ends when the representation ends

Answer

MR 1.6 does not protect information that is publicly available

Question 4

An attorney learns that her client, a corporation, has engaged in ongoing financial fraud. The attorney reports to the board of directors, which refuses to act. Under MR 1.13(c), the attorney:

Accepted Answer

May reveal confidential information to the extent necessary to prevent substantial injury to the organization

Answer

Must immediately report the fraud to the SEC

Answer

Must withdraw and may say nothing further

Answer

Must report to the organization's audit committee before taking any other action

Question 5

A client dies during the pendency of litigation. What happens to the attorney-client privilege?

Accepted Answer

The privilege survives death and may be asserted by the estate's representative

Answer

The privilege automatically terminates upon the client's death

Answer

The privilege terminates only if the client had no heirs

Answer

The privilege survives only for five years after death

Question 6

An attorney discovers mid-representation that her client has provided false evidence to the tribunal. The client refuses to correct it. Under MR 3.3, the attorney MUST:

Accepted Answer

Take reasonable remedial measures, including if necessary disclosure to the tribunal

Answer

Withdraw immediately and file a disciplinary complaint

Answer

Maintain confidentiality and take no action

Answer

Notify opposing counsel of the false evidence

Question 7

Attorney learns that her client, currently on probation, has committed a new crime—a probation violation. Must the attorney report this to the probation officer?

Accepted Answer

No, MR 1.6 confidentiality protects this information and no exception applies

Answer

Yes, because the attorney has a duty to prevent ongoing criminal activity

Answer

Yes, but only if the new crime is a felony

Answer

No, but the attorney must withdraw from representation