VA Bar Exam: Professional Responsibility (100% Errorless Answers)

What must a lawyer do before undertaking dual representation? correct answers 1. Conduct a conflicts analysis to ensure his representation would not be materially limited by his obligations to each client; 2. Inform his clients of the conflict of interests; 3. Obtain each client's consent after consultation Does a lawyer owe former clients any duties? correct answers Yes, a continued measure of loyalty and an absolute duty of confidentiality When does representing a client create a conflict of interest with a former client? correct answers When their interests are directly adverse or when there is a substantial relationship between the two representations Must a lawyer return papers to the client even when client has not paid the lawyer's fee? correct answers Yes, a client's papers and property that are in the lawyer's possession must be promptly returned upon withdrawal, even papers produced as work product Must agreements for attorney's fees be in writing? correct answers No, except for contingency fees and fee-splitting Does a client owe fees to a lawyer who has been discharged? correct answers Yes, under a theory of quantum meruit, the fee upon discharge will be calculated as the value of the services rendered Counsel pro hac vice correct answers Counsel "for this turn only": appearance in another state's courts for occasional, nonrecurring needs What constitutes unauthorized practice of law? correct answers 1. Court appearance; 2. Giving legal advice, accompanied by a fee or drafting a document; 3. Practicing outside the jurisdiction in which license was granted; 4. Professional and others whose business borders the law When must a lawyer report serious misconduct? correct answers Lawyers (and judges) have a duty to report a fellow lawyer's serious misconduct to the appropriate professional authority when the lawyer or judge has "knowledge that another lawyer has committed" misconduct "that raises a substantial question as to that lawyer's honest, trustworthiness or fitness as a lawyer in other respects." Must a lawyer report a fellow lawyer's or judge's serious misconduct? correct answers Yes, based on reliable information and if it raises a substantial question as to his honesty, trustworthiness or fitness to practice law. EXCEPTION: If learned from confidential communications that are protected by ethical duty of confidentiality