Professional Ethics Exam 2 2024 Expected Questions and
Answers
(Verified by Expert)
1.Duty of Loyalty ANS a promise to always act in the clients best interest
2.Duty of loyalty cannot be interfered with by ANS - interest of other
clients
- personal interest of attorney
- interests of third parties
3.Fiduciary ANS a person who acts on behalf of another and in the best
interests of the other
4.Common law fiduciary duties ANS - loyalty
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22
,- confidentiality
- complete disclosure
- reasonable care
- account
5.Conflict ANS the possibility you will violate your duty of loyalty by
using client confi- dential info in a way that can harm a current or
former client
6.A conflict of interest exists if... ANS representation of one client is
directly adverse to another client without that client's consent
7.Typical conflict of interest situations ANS - lawyer asked to
simultaneously repre- sent 2 or more clients with conflicting interest
- attorney asked to successively represent interest of client whose
interest conflict with former client
- attorney enters into certain personal business that conflicts with
interest of a client
8.If you represent A in A's lawsuit against B, you can concurrently
represent B
T or F ANS False, you can not concurrently represent B for any needs,
you must remain loyal to A
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22
, 9.Sequential Representation Conflict ANS Once you have client A
confidential info you can never represent anyone against A
10.It is okay to switch loyalties so long as the previous representation is
not substantially related to the present one
T or F ANS True, it is the substantially related test
11.Paralegals and lawyers are both treated the same when it comes to
con- flicts of interest
T or F ANS True
12.If you have A's confidential info and change jobs, you can still take a
job with a firm that has any occasion to use A's info against him
T or F ANS False, that conflict would lead to disqualification
13.Conflict exists if you represent A and then move to another firm that
also represents A
T or F ANS False, conflicts require an adverse position
3/
22
Answers
(Verified by Expert)
1.Duty of Loyalty ANS a promise to always act in the clients best interest
2.Duty of loyalty cannot be interfered with by ANS - interest of other
clients
- personal interest of attorney
- interests of third parties
3.Fiduciary ANS a person who acts on behalf of another and in the best
interests of the other
4.Common law fiduciary duties ANS - loyalty
1/
22
,- confidentiality
- complete disclosure
- reasonable care
- account
5.Conflict ANS the possibility you will violate your duty of loyalty by
using client confi- dential info in a way that can harm a current or
former client
6.A conflict of interest exists if... ANS representation of one client is
directly adverse to another client without that client's consent
7.Typical conflict of interest situations ANS - lawyer asked to
simultaneously repre- sent 2 or more clients with conflicting interest
- attorney asked to successively represent interest of client whose
interest conflict with former client
- attorney enters into certain personal business that conflicts with
interest of a client
8.If you represent A in A's lawsuit against B, you can concurrently
represent B
T or F ANS False, you can not concurrently represent B for any needs,
you must remain loyal to A
2/
22
, 9.Sequential Representation Conflict ANS Once you have client A
confidential info you can never represent anyone against A
10.It is okay to switch loyalties so long as the previous representation is
not substantially related to the present one
T or F ANS True, it is the substantially related test
11.Paralegals and lawyers are both treated the same when it comes to
con- flicts of interest
T or F ANS True
12.If you have A's confidential info and change jobs, you can still take a
job with a firm that has any occasion to use A's info against him
T or F ANS False, that conflict would lead to disqualification
13.Conflict exists if you represent A and then move to another firm that
also represents A
T or F ANS False, conflicts require an adverse position
3/
22
