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

MR 1.1 defines competence as legal knowledge, skill, thoroughness, and preparation—it never guarantees outcomes.

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

MR 1.4 requires the lawyer to keep the client informed and consult before making decisions; the attorney must continue attempts to reach the client and cannot act without authority.

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

MR 1.3 requires prompt and persistent effort; allowing a case to languish until a deadline is missed is a classic diligence violation.

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

MR 1.1 comment 2 allows a lawyer to achieve competence in a new area through study and association with experienced counsel.

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

MR 1.2(a) vests decisions about objectives in the client; the attorney can advise but must ultimately defer to the client's lawful decisions.

(VT Bar) Vermont Bar Exam Practice Test

(VT Bar) Vermont Bar Exam Practice Test

VT Bar Professional Responsibility 4