Professional Responsibilty

Question 1

How is a disciplinary review started for a violation of the standards of professional conduct?

Answer 1

filing complaint

Question 2

When must attorneys report the violations of other attorneys to the Virginia bar.

Answer 2

If violation raises a substantial question to the attorney’s honesty or fitness to practice law (unless privileged)

Question 3

Can a law firm restrict the right of a departing attorney to practice law after termination?

Answer 3

No - covenants not to compete are impermissible
exception - unless court approves restrictions as part of settlement
Attorneys of law firm are subjected to discipline (not law firm)

Question 4

What are the exceptions for fee-splitting for non-attorneys?

Answer 4

1) fees collected on behalf of deceased attorney to the widower
2) non-lawyer employee in profit sharing

Question 5

When is lawyer advertising allowed?

Answer 5

Permitted if the advertisement is not misleading or deceptive
(must include the name and address of responsible attorney)

Question 6

Is face-to-face solicitation allowed?

Answer 6

Yes, unless in personal injury or wrongful death claims (exception: prior professional or family relationship

Question 7

In an advertisement states “practice limited to domestic relations.” Is this a violation of advertisement?

Answer 7

No. Not holding out as a certified specialists

Question 8

Can an attorney advance a filing fee and says “don’t worry about paying me back.”

Answer 8

Lawyer cannot advance living expenses, but can advance costs of litigation is client is responsible, unless the client is indigent.

Question 9

Is it a solicitation if an attorney receives a referral from a legal organization service?

Answer 9

No. Must be able to exercise independent professional judgment

Question 10

Can attorney fire a criminal defendant if the attorney thinks the client is guilty?

Answer 10

No - cannot fire; duty to represent

Question 11

Is it an ethical violation to fail to do adequate research?

Answer 11

Yes - failure to comply with duty of competence

Question 12

What must be in the contingency fee agreement?

Answer 12

Must be in writing and must explain how fee will be calculated.

Settlement statement must be provided to client.

Question 13

Can an attorney have a contract with client to waive all malpractice claims in excess of $500,000?

Answer 13

No, cannot liable liability

Exception is in-house lawyer

Question 14

Can an attorney agree with criminal defendant to get a bonus for acquittal?

Answer 14

No contingency fees in criminal cases.

Question 15

If criminal defendant plans to lie in court what should lawyer do if lawyer knows in advance?

Answer 15

1) lawyer should try to persuade the client not to lie
2) if persuasion fails, the lawyer should withdraw;
3) if withdrawal is not possible - perjury should be revealed to court
Witness must be allowed to testify

Question 16

In drafting a will for a client, the client tells the lawyer that they will leave a gift for the attorney. Is this allowed? Effect on entire law firm?

Answer 16

No drafting will where you (or your family) receives a gift
Imputed to entire firm
- unless prior relationship

Question 17

Attorney visits accident patient in hospital and patient agrees to a written contingency fee to receive one-third of the recovery. Attorney gets another co-counsel to help win the case. Who is entitled the fee from a $1 million judgment?

Answer 17

attorney - nothing for violating in-person solicitation

co-counsel - only quantum meruit (not 1/3 under contingency)

Question 18

Standard of review for professional misconduct review?

Answer 18

Clear and convincing

Question 19

Can an attorney’s liability to clients be limited in a legal corporation?

Answer 19

No, cannot limit liability.

Question 20

When can a concurrent conflict of interest be waived?

Answer 20

Lawyer reasonably believes that he will be able to provide competent and diligent representation to each affected client after consultation
- hard when two clients have directly adverse interest

Question 21

The duty to preserve confidential information continues ____

Answer 21

after the attorney-client relationship has terminated

Question 22

Can an attorney serve as counsel to a corporation and on the board of directors?

Answer 22

Yes.

Need to watch for conflict between interest of corporation and executive officers

Question 23

Must an attorney return the client’s copy of the file, even if the client still owes the attorney money?

Answer 23

Yes. Cannot hold client’s file hostage to demand payment.

Question 24

Does the Virginia Rules of Professional Conduct allow an attorney to communicate with an unrepresented party?

Answer 24

Yes, cannot imply that attorney is disinterested
Prudent to advise to obtain independent counsel
- exception if attorney communicates with a corporation’s control group (persons able to bind corporation)

Question 25

Can an attorney communicate with a former employee of a corporation’s control group without obtaining consent?

Answer 25

Yes, need to advise that person should seek independent counsel and that lawyer is disinterested.

Question 26

What an attorney breaches a fiduciary duty to a client, what rules of professional conduct may be violated?

Answer 26

1) lawyer must act competently and with care
2) lawyer must keep client reasonably informed
3) lawyer must not represent a client if lawyer’s own interest materially limits representation
4) lawyer must not enter into a business transaction with client
5) lawyer must not use information from client to lawyer’s advantage or client’s disadvantage
6) lawyer must not engage in fraud, dishonesty or deceit

Question 27

When must a firm report another lawyer to the VA state bar?

Answer 27

When they have reliable information indicating that another lawyer has committed a violation of the rules

Question 28

Can an attorney represent one spouse in a divorce if he prepared the antenuptial agreement?

Answer 28

No conflict of interest. Attorney is disqualified.

Attorney’s communications with former client are to remain confidential.

Question 29

Can an attorney allow a nonparty to pay the attorney’s fee?

Answer 29

No - conflict of judgment

Not acting in the best interest of the client

Question 30

When engaging in dual representation what should a law firm do?

Answer 30

1) determine that it can adequately represent interest of each client, after full disclosure
2) obtain a waiver from each party

Question 31

Are lawyers are bound by the rule of professional conduct when acting in private business or personal capacities?

Answer 31

Yes.

Question 32

If there is a conflict created by past representation of one client against a new present client, is the conflict imputed to the entire firm?

Answer 32

Yes.

Can be remedied if both parties consent after consultation.

Question 33

When is there a conflict between a former client and present client?

Answer 33

When the representation relates to the same or substantially similar matter.

Question 34

There is a _____ duty of confidentiality to former clients.

Answer 34

continuing

• cannot oppose former client in any action where confidential information would be disclosed