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Attorney as a Fiduciary: Duties and Responsibilities

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Attorney as a Fiduciary: Duties and Responsibilities

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Questions and Answers

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?

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?

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?

To maintain the trust and confidence of the client Signup and view all the answers

What must be proven to establish actual undue influence in the context of attorneys at law?

Exerting overt pressure through threats or coercion Signup and view all the answers

Which term describes a situation where an attorney keeps interest or has a scheme in the context of their fiduciary duties?

'Secret profit' situation Signup and view all the answers

What does presumed undue influence arise out of?

A relationship where one person takes unfair advantage of another's influence Signup and view all the answers

According to the Etridge case, what is a key requirement for presumed undue influence?

The client must place trust in the attorney-at-law for managing financial affairs Signup and view all the answers

How can an attorney-at-law rebut the presumption of undue influence?

By acting with complete faithfulness and fairness Signup and view all the answers

Which of the following is considered a 'suspicious transaction' that may lead to presumed undue influence?

Gifts to an attorney-at-law by a client Signup and view all the answers

What is the legal outcome of transactions entered into under undue influence?

They are voidable at the person influenced or their representative's request Signup and view all the answers

What does Rule 64 (Code) in Knowles v Francis specify?

Prohibition against attorneys purchasing the subject matter of a case they are handling for a client Signup and view all the answers