VT Bar Professional Responsibility 5

Question 1

Under MR 1.5(a), which factor is NOT listed as relevant to determining whether a fee is reasonable?

Accepted Answer

The opposing counsel's fee in the same matter

Answer

The time and labor required

Answer

The experience and reputation of the attorney

Answer

The results obtained

Question 2

An attorney charges a new client a contingent fee in a domestic relations matter to obtain a divorce. Under MR 1.5(d), this fee arrangement is:

Accepted Answer

Prohibited because contingent fees in divorce matters are forbidden

Answer

Permitted if the client provides written consent

Answer

Permitted if the fee is otherwise reasonable

Answer

Prohibited only if the client is financially unable to pay an hourly fee

Question 3

Attorney A and Attorney B want to divide a fee for a matter on which they are not in the same firm. Under MR 1.5(e), a valid division of fees requires all of the following EXCEPT:

Accepted Answer

Court approval of the fee division

Answer

The division is proportionate to work done, or each attorney assumes joint responsibility

Answer

The client agrees to the arrangement in writing, including each attorney's share

Answer

The total fee is reasonable

Question 4

Under MR 7.3, a lawyer is prohibited from engaging in real-time electronic solicitation of a prospective client when:

Accepted Answer

The prospective client has not invited the contact and the primary purpose is pecuniary gain

Answer

The prospective client is a business entity rather than an individual

Answer

The contact is made more than 30 days after an accident or disaster

Answer

The lawyer has a pre-existing personal relationship with the prospective client

Question 5

Under MR 5.5, a lawyer admitted in State A may provide legal services in Vermont (State B) on a temporary basis without Vermont admission if the services:

Accepted Answer

Are undertaken in association with a Vermont-admitted lawyer who actively participates in the matter

Answer

Involve only federal law questions

Answer

Are completed within 30 days

Answer

Do not involve litigation before a Vermont tribunal

Question 6

A supervising attorney at a law firm fails to take reasonable remedial action after learning that an associate violated the rules of professional conduct. Under MR 5.1(c), the supervising attorney:

Accepted Answer

May be held responsible for the associate's violation

Answer

Is automatically disbarred along with the associate

Answer

Bears no responsibility because the associate acted independently

Answer

Must report the associate to the state bar within 24 hours

Question 7

An attorney receives a settlement check made payable to both the attorney and the client. Under MR 1.15, the attorney must:

Accepted Answer

Deposit the funds into a client trust account and notify the client promptly

Answer

Deposit the funds into the attorney's operating account until the fee is determined

Answer

Cash the check and deduct fees before remitting the balance to the client

Answer

Hold the check uncashed until the client signs a fee acknowledgment