Academic Year 2026 – Complete Study Guide and Practice Questions
What happens to a fee pre-paid to a lawyer if the lawyer is later fired or withdraws from the
case?
A If the fee was a true retainer, the lawyer generally need not refund the fee, but if the fee was
an advance, the lawyer must refund any unearned portion
B The lawyer must refund any unearned portion of the fee, whether the fee paid was an
advance or a true retainer
C If the fee was an advance, the lawyer generally need not refund the fee, but if the fee was a
true retainer, the lawyer must refund any unearned portion
D The lawyer generally need not refund any fee already collected, whether the fee paid was an
advance or a true retainer - correct answer ✔✔ A If the fee was a true retainer, the lawyer
generally need not refund the fee, but if the fee was an advance, the lawyer must refund any
unearned portion
What will the consequence(s) be if a court finds that an attorney's fee, agreed to at arm's length
between the client and the attorney, is unreasonably high?
A The court will enforce the contract and take no action against the attorney because the fee
was agreed to at arm's length
B The court will enforce the contract because it was agreed to at arm's length, but the attorney
will be subject to discipline for violation of an ethics rule
C The court will not enforce the contract for the fee and the attorney will be subject to discipline
,D The court will not enforce the contract for the fee, but the attorney will not be subject to
discipline because the contract was agreed to at arm's length between the client and the
attorney - correct answer ✔✔ C The court will not enforce the contract for the fee and the
attorney will be subject to discipline
When may a lawyer properly choose to delay transmission of pertinent information to her
client?
A When necessary to best serve the interests of a third party
B When the lawyer believes that the client would be likely to react imprudently to the
information
C Never, because a lawyer is under a strict duty to transmit all pertinent information to her
client immediately
D When transmitting the information would be inconvenient to the lawyer - correct answer ✔✔
B When the lawyer believes that the client would be likely to react imprudently to the
information
What is the most accurate definition of a contingent fee?
A A fee paid solely to ensure the availability of a lawyer
B A fee that equals a percentage of the client's actual recovery in a case
C A fee that is collected only if the matter is resolved in the client's favor
D A fee that is contingent on the client's ability to pay - correct answer ✔✔ C A fee that is
collected only if the matter is resolved in the client's favor
, Which of the following acts done by a lawyer would be considered assisting another in the
unauthorized practice of law?
A Advising a nonlawyer on aspects of the law related to that nonlawyer's job
B Having a paralegal send a routine request to opposing counsel without first checking the
contents of the letter
C Hiring a disbarred lawyer as a legal secretary
D Giving a nonlawyer advice on how to appear pro se before a court - correct answer ✔✔ B
Having a paralegal send a routine request to opposing counsel without first checking the
contents of the letter
If, during the course of litigation, a lawyer discovers that a client is using her services to further
an illegal course of action, the lawyer must __________.
A Withdraw from the case and, depending on the circumstances, disaffirm her prior work on the
matter to potentially alert the opposing side to her client's wrongdoing
B Continue with the case to the best of her ability, remaining silent as to the client's impropriety
so as not to violate attorney-client privilege
C Reveal the details of the impropriety to the judge in chambers for advice on how to best
proceed under the unique circumstances of the case
D Withdraw from the case and make a full disclosure to both the court and opposing counsel of
the details of her client's impropriety so as to avoid being sanctioned - correct answer ✔✔ A
Withdraw from the case and, depending on the circumstances, disaffirm her prior work on the
matter to potentially alert the opposing side to her client's wrongdoing