VT Bar Professional Responsibility 4

Question 1

Under MR 1.1, competence requires all of the following EXCEPT:

Accepted Answer

Guaranteed successful outcomes for the client

Answer

Legal knowledge and skill

Answer

Thoroughness and preparation

Answer

Keeping abreast of changes in the law

Question 2

A client repeatedly fails to respond to her attorney's calls and letters regarding a settlement offer deadline. Under MR 1.4, the attorney should:

Accepted Answer

Continue attempting contact and document efforts while not accepting or rejecting the offer without authority

Answer

Reject the settlement offer on the client's behalf since she is unavailable

Answer

Accept the settlement offer to protect the client from a default judgment

Answer

Withdraw from the representation immediately

Question 3

Under MR 1.3, an attorney has a duty of diligence. Which scenario BEST illustrates a breach of this duty?

Accepted Answer

Missing a statute of limitations deadline because the attorney allowed a case to remain inactive for months without follow-up

Answer

Losing a motion the attorney reasonably argued but that the court denied

Answer

Settling a case for less than the client hoped for

Answer

Declining to pursue a frivolous counterclaim the client wanted filed

Question 4

A Vermont attorney is asked by a friend to handle a criminal defense matter, an area in which the attorney has no experience. Under MR 1.1, the attorney may competently handle the matter by:

Accepted Answer

Associating with an experienced criminal defense attorney or by acquiring the necessary learning through adequate preparation

Answer

Accepting the case because bar admission covers all areas of law

Answer

Handling only the plea negotiations and referring the trial to another lawyer

Answer

Proceeding as long as the client gives informed consent to the attorney's inexperience

Question 5

A client instructs her attorney to pursue a legal strategy the attorney believes is unwise but not frivolous. Under MR 1.2(a), the attorney should:

Accepted Answer

Follow the client's instruction after advising the client of the attorney's assessment

Answer

Override the client's instruction and pursue the strategy the attorney thinks is best

Answer

Withdraw from the case because the attorney disagrees with the strategy

Answer

File a motion asking the court to approve the client's chosen strategy

Question 6

Under MR 1.16(a), an attorney MUST withdraw when:

Accepted Answer

Continued representation will result in a violation of the rules of professional conduct

Answer

The client cannot afford to pay legal fees

Answer

The attorney disagrees with the client's goals

Answer

The opposing party is represented by a more experienced attorney

Question 7

A client discharges his attorney without cause in the middle of litigation. Under MR 1.16, the attorney must:

Accepted Answer

Withdraw and take steps to protect the client's interests, such as giving reasonable notice and delivering the client's files

Answer

Continue the representation until the court approves withdrawal

Answer

Demand full payment of fees before releasing the client's file

Answer

File a lien on the client's case proceeds before withdrawing