Podcast
Questions and Answers
What is the nature of the relationship between an attorney and a client?
What is the nature of the relationship between an attorney and a client?
- Fiduciary relationship (correct)
- Friendship relationship
- Transactional relationship
- Employer-employee relationship
Which of the following is a duty of an attorney in the fiduciary relationship with a client?
Which of the following is a duty of an attorney in the fiduciary relationship with a client?
- Making secret profits
- Exercising due care and skill in good faith (correct)
- Having conflicts of interest
- Keeping interest or having a scheme
In the context of attorneys at law, what does undue influence refer to?
In the context of attorneys at law, what does undue influence refer to?
- Maintaining confidentiality
- Seeking advice from church members
- Overt pressure by a dominant party against others (correct)
- Acting in the best interest of the client
Why is it important for an attorney in a fiduciary relationship not to make secret profits?
Why is it important for an attorney in a fiduciary relationship not to make secret profits?
What must be proven to establish actual undue influence in the context of attorneys at law?
What must be proven to establish actual undue influence in the context of attorneys at law?
Which term describes a situation where an attorney keeps interest or has a scheme in the context of their fiduciary duties?
Which term describes a situation where an attorney keeps interest or has a scheme in the context of their fiduciary duties?
What does presumed undue influence arise out of?
What does presumed undue influence arise out of?
According to the Etridge case, what is a key requirement for presumed undue influence?
According to the Etridge case, what is a key requirement for presumed undue influence?
How can an attorney-at-law rebut the presumption of undue influence?
How can an attorney-at-law rebut the presumption of undue influence?
Which of the following is considered a 'suspicious transaction' that may lead to presumed undue influence?
Which of the following is considered a 'suspicious transaction' that may lead to presumed undue influence?
What is the legal outcome of transactions entered into under undue influence?
What is the legal outcome of transactions entered into under undue influence?
What does Rule 64 (Code) in Knowles v Francis specify?
What does Rule 64 (Code) in Knowles v Francis specify?
