30 Questions
Which of the following is NOT a valid exception for a lawyer to reveal information relating to the representation of a client?
To reveal information to the media about a client's unethical behavior.
Which of the following is true regarding the protection of client information under Rule 1.6?
Rule 1.6 protects all information relating to the representation of a client, even if it is not privileged.
If a judge orders a lawyer to reveal information about a client, what is the lawyer's obligation?
The lawyer must reveal the information, and will not be held liable for violating the client's confidentiality.
Which of the following is true regarding the protection of business information under Rule 1.6?
Business information is impliedly authorized to be disclosed by the lawyer in order to carry out the representation, such as during negotiations.
Which of the following is NOT a valid exception under Rule 1.6(b) that allows a lawyer to reveal a client's confidential information?
To reveal information to the client's family members about the client's unethical behavior.
Which of the following statements about Rule 1.6 is correct?
Rule 1.6 protects all information related to the representation of a client, even if it is not privileged.
What is the exception to Rule 1.14.a that would allow revealing information about a client?
ABA exception to imminent bodily harm
What should be done when terminating representation to avoid confusion under C/I rules?
Send a termination letter
Why does establishing an attorney-client relationship make termination more complicated?
Relationship does not terminate easily
When does Rule 1.16 permit a lawyer to decline representation of a client?
When the client causes imminent bodily harm
Under what circumstances might a lawyer have a duty to keep updated with a former client's business or life?
If no termination letter was sent
Which provision allows revealing some information about a client to try to get new guardians appointed?
Rule 1.14(c)
Which of the following is NOT a reason why the anti-contact rule (Rule 4.2) prevents a lawyer from directly contacting the opposing client?
To allow the lawyer to settle or win a concession in the matter without interference from opposing counsel
What does Rule 8.4(a) prohibit a lawyer from doing?
All of the above
If the opposing client (Client 2) is not represented by counsel, what does Rule 4.3 require the lawyer to do?
Inform Client 2 that the lawyer represents Client 1
What is an exception to the anti-contact rule (Rule 4.2) when the opposing party is the government?
The lawyer can communicate with the government client because citizens have a right to talk to their governmental units
Which of the following is a reason the anti-contact rule (Rule 4.2) is in place?
Both a and b
What is the main purpose of the anti-contact rule (Rule 4.2)?
Both a and b
What is the main duty of a lawyer regarding communication with the client, as per Rule 1.4?
To explain matters reasonably to enable the client to make informed decisions.
In a criminal case, what is the lawyer's responsibility if a witness intends to testify falsely?
The lawyer can tell the court that the witness is lying.
According to Rule 1.2(c), in a civil case, what can a lawyer do if the client intends to lie while testifying?
The lawyer can deny the client's right to testify.
What does Rule 1.2(b) state about lawyers representing 'bad people'?
Lawyers have an obligation to represent all types of clients.
What is an important aspect of a lawyer's competence when a client wants to start a business?
Ensuring they are competent in providing necessary legal services.
Why should lawyers still communicate with clients about means, even if they involve evidentiary objections?
To maintain transparency and preserve attorney-client communication.
What is the key issue regarding the use of informants by government prosecutors prior to indictment?
Government prosecutors argue that applying Rule 4.2 will curtail their investigations and the 6th Amendment should control instead.
What is the general rule regarding a prosecutor's ability to conduct a custodial pre-arraignment interview of a suspect who has not yet retained counsel?
The prosecutor can conduct a custodial pre-arraignment interview of a suspect who has not yet retained counsel, but this invites application of the no-contact rule and potential suppression of evidence.
What is a key reason why a defense attorney can generally talk to a victim in a criminal matter?
The victim is not represented by civil counsel, so the no-contact rule does not apply.
What is the significance of the United States v. Hammad (1988) case discussed in the text?
The case has not been followed much, even by the 2nd Circuit, so its significance is limited.
What is a key ethical rule that a government lawyer must comply with when communicating with an accused in a criminal matter?
The government lawyer must comply with Rule 8.4(a) and 4.2, which prohibit the use of deception and restrict contact with represented parties.
What is a key point made in the text regarding a 'tester' in the context of legal ethics?
A tester is someone who pretends to be what they are not, which is prohibited under Rules 8.4(a) and 4.2.
Explore the rules and exceptions related to lawyer-client confidentiality in legal representations. Understand when information can be disclosed and the importance of client consent through consultation.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
