NYLE Professional Responsibility
Exam Questions and Answers 100%
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Roles of attorney and client in decision-making
How far does the attorney have to go? - ✔✔Attorney makes decisions
regarding strategy and means; client determines the goals and objectives.
The attorney does not need to play "hardball," and may accede to
reasonable requests of opposing counsel (scheduling matters, continuances
and small favors).
Must the attorney assert all of the client's positions? - ✔✔No The attorney
may exercise her professional judgement to waive or fail to assert a client's
right or position, so long as client's rights are not prejudiced
1
100% Pass Guarantee Katelyn Whitman, All Rights
, What if the lawyer knows or reasonably should know that the client is
acting merely for the purpose of harassing maliciously injuring a person? -
✔✔The lawyer *MUST* withdraw, whether it is bringing, continuing an
action, or conducting a defense, asserting a position, or taking any other
steps
What if the client requests the lawyer to do something unlawful? - ✔✔The
lawyer may refuse to participate in conduct the lawyer believes is unlawful
When must a lawyer communicate? - ✔✔The lawyer *must* promptly
inform the client of key developments, including settlement or plea offers,
giving the client the right to decide whether to accept or reject them.
Confidential Information
definititon - ✔✔information from any source gained during or relating to
representation that is
1) protected by attorney-client privilege, or
2) that is likely to be embarrassing or detrimental to the client, or
3) that the client has requested be kept confidential
2
100% Pass Guarantee Katelyn Whitman, All Rights
Exam Questions and Answers 100%
pass
Roles of attorney and client in decision-making
How far does the attorney have to go? - ✔✔Attorney makes decisions
regarding strategy and means; client determines the goals and objectives.
The attorney does not need to play "hardball," and may accede to
reasonable requests of opposing counsel (scheduling matters, continuances
and small favors).
Must the attorney assert all of the client's positions? - ✔✔No The attorney
may exercise her professional judgement to waive or fail to assert a client's
right or position, so long as client's rights are not prejudiced
1
100% Pass Guarantee Katelyn Whitman, All Rights
, What if the lawyer knows or reasonably should know that the client is
acting merely for the purpose of harassing maliciously injuring a person? -
✔✔The lawyer *MUST* withdraw, whether it is bringing, continuing an
action, or conducting a defense, asserting a position, or taking any other
steps
What if the client requests the lawyer to do something unlawful? - ✔✔The
lawyer may refuse to participate in conduct the lawyer believes is unlawful
When must a lawyer communicate? - ✔✔The lawyer *must* promptly
inform the client of key developments, including settlement or plea offers,
giving the client the right to decide whether to accept or reject them.
Confidential Information
definititon - ✔✔information from any source gained during or relating to
representation that is
1) protected by attorney-client privilege, or
2) that is likely to be embarrassing or detrimental to the client, or
3) that the client has requested be kept confidential
2
100% Pass Guarantee Katelyn Whitman, All Rights
