Barbri Practice Exams Questions & Answers 2023/2024

Barbri Practice Exams Questions & Answers 2023/2024 Emily previously represented building owner Sunil in various landlord-tenant disputes. Sunil e-mails Emily and says he wants her to represent him in a new dispute with a tenant. Emily and Sunil meet and spend a few hours discussing strategy. Emily never expressly accepts or declines the case during the meeting. Is there an attorney-client relationship between Emily and Sunil? - ANSWER-Yes, Sunil clearly stated that he wanted Emily to represent him in the dispute, and Emily manifested consent by meeting with Sunil and discussing strategy. Their prior relationship is not determinative but further supports the conclusion that they formed an attorney-client relationship with respect to this new matter. What type of fee agreements are required to be in writing? - ANSWER-Contingent Fees only Yolanda regularly reviews vendor contracts for ComCorp. A few months ago, they agreed that Yolanda would bill $500 per contract, but they have not had any conversations about fees lately. On Wednesday, Yolanda receives a contract from ComCorp, does the work, and then bills them $500. On Thursday, Yolanda receives a contract from ComCorp that is twice the normal length. She does the work and then bills ComCorp $1,000, with an explanation that the contract was unusually long. Assuming both amounts are reasonable, is Yolanda subject to discipline? - ANSWER-Yes, for her actions on Thursday only. Yolanda's actions on Wednesday were proper because she was charging ComCorp the same amount as always—$500 for a single contract. But on Thursday, she doubled her usual charge. Even though the total amount was reasonable, she was required to reach out to ComCorp, explain the change in circumstances, and come to an agreement before proceeding. Because she only explained the change after doing the work, she is subject to discipline. Bernie, a college professor accused of inappropriate conduct, hires Amber to represent him in front of his university's disciplinary board. Bernie proposes to Amber that if he keeps his job, he will pay her $5,000. If he loses his job, he will pay her $500. Amber agrees. Amber memorializes the agreement in