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

MR 1.6(b)(2) is permissive, not mandatory—the lawyer may disclose to prevent reasonably certain substantial financial harm involving the client's crime or fraud, but is not required to.

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

MR 1.6(b)(5) allows an attorney to reveal confidential information to the extent necessary to defend against a client's claim in a proceeding.

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

Unlike the evidentiary privilege, MR 1.6's duty of confidentiality covers all information 'relating to the representation,' regardless of source or whether it is privileged.

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

MR 1.13(c) permits (but does not require) disclosure outside the organization when the highest authority fails to address a clear violation that causes substantial injury.

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 attorney-client privilege survives the client's death and may be invoked by the personal representative of the estate.

(VT Bar) Vermont Bar Exam Practice Test

(VT Bar) Vermont Bar Exam Practice Test

VT Bar Professional Responsibility 3