Deck 5: Sources of American Law

Question 1

All of the following statements are FALSE; state why they are false and then rewrite them as true statements, without just making the statement negative by adding the word "not."
An attorney may never represent a present client who has a conflict with a former client.

Answer 1

Conflict of interest stands for the clash that exist between private and professional interests or commitments that makes it difficult and creates an unfair advantage.
The correct statement is-
An attorney should prohibit representing a present client who has a conflict with a former client.
This is because attorneys possess a knowledge of their present and past clients and this is why they are advised to prohibit providing services to the clients who are in conflict of interest with each other in any form related to financial, personal or business relationship. The time the attorney comes to know about this conflict of interest, the attorney can waive a conflict of interest. To safeguard his reputation among the parties, it is advised for attorneys to prevent themselves representing conflicting parties.

Question 2

Informed consent

A) requires the attorney to tell the prospective client about every current client the attorney represents.
B) means the client has waived the conflict of interest.
C) restricts the attorney from speaking to anyone about his client's matters.
D) is a client's voluntary, written permission, after full disclosure of the risks, for the attorney to take on potentially conflicting clients.

Answer 2

D
Informed consent stands for the permission given by a party after knowing the consequence of this permission. Example- permission given by a doctor to a patient in consuming the required medicines.
The correct answer is- d.
This is because in informed consent, an attorney informs the client about every possible consequence and result that might come upon as a result of the court case and the proceedings that are or will undergo in the court. The risks, emergencies etc. that might be a part of this case has to be informed by the attorney to the client so that client's informed consent could be obtained.
While, options a, b, and c are incorrect because option a does not talk about informed consent and do not prevent attorney or client to tell about each other to third party/s. Option b stands for the refusal of the client to keep any right over the attorney; and option c stands for the attorney-client privilege.

Question 3

All of the following statements are FALSE; state why they are false and then rewrite them as true statements, without just making the statement negative by adding the word "not."
A client can always waive a conflict of interest.

Answer 3

Conflict of interest stands for the clash that exist between private and professional interests or commitments that makes it difficult and creates an unfair advantage.
The correct statement is-
An attorney can always waive a conflict of interest.
This is because attorneys possess a knowledge of their present and past clients and this is why they are advised to prohibit providing services to the clients who are in conflict of interest with each other in any form related to financial, personal or business relationship. The time the attorney comes to know about this conflict of interest, the attorney can waive a conflict of interest.

Question 4

The appearance of impropriety standard

A) disqualifies attorneys who lack moral character.
B) requires an attorney to refuse or withdraw from representation where the representation would make a person question the attorney's motives.
C) requires an attorney to submit her potentially disqualifying representation to the ethics board for an opinion as to its validity.
D) disqualifies an attorney who has committed an ethics violation in open court.

Question 5

All of the following statements are FALSE; state why they are false and then rewrite them as true statements, without just making the statement negative by adding the word "not."
Gifts are considered substantial if they exceed $10,000 and, consequently, legal professionals are always prohibited from accepting them. Clients must always pay for their own representation.

Question 6

An attorney cannot enter into a business transaction with a client unless

A) the transaction is fair and reasonable on its terms.
B) the terms are in writing.
C) the client has an opportunity to seek independent counsel.
D) the client gives informed consent.
E) all of the above
F) none of the above; an attorney should never go into business with his client.

Question 7

All of the following statements are FALSE; state why they are false and then rewrite them as true statements, without just making the statement negative by adding the word "not."
An attorney can limit the amount of money that a client can recover from a malpractice suit in the retainer agreement.

Question 8

All of the following statements are FALSE; state why they are false and then rewrite them as true statements, without just making the statement negative by adding the word "not."
Because courts favor settlement over trial, an attorney is permitted to take on quarreling clients in order to encourage a speedy resolution to the matter.

Question 9

All of the following statements are FALSE; state why they are false and then rewrite them as true statements, without just making the statement negative by adding the word "not."
An attorney is ethically prohibited from having any romantic or sexual relationship with her client.