NYLE - Professional Responsibility
UPDATED Exam Questions and CORRECT
Answers
Roles of attorney and client in decision-making
How far does the attorney have to go? - CORRECT ANSWER - 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? - CORRECT ANSWER - 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
What if the lawyer knows or reasonably should know that the client is acting merely for the
purpose of harassing maliciously injuring a person? - CORRECT ANSWER - 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? - CORRECT ANSWER -
The lawyer may refuse to participate in conduct the lawyer believes is unlawful
When must a lawyer communicate? - CORRECT ANSWER - 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 - CORRECT ANSWER - 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
, Confidential Information
what about employees of the lawyer? - CORRECT ANSWER - A lawyer must exercise
reasonable care to prevent the lawyer's employees or associates from disclosing confidential
information
Can the lawyer use confidential information to help a third person? - CORRECT
ANSWER - No. A lawyer may not knowingly reveal confidential information, or use such
information to harm the client, help the lawyer, or help a third person.
When is disclosure of confidential information permitted?
8 times
hint: 2 permissive, 3 reactive, 3 CYA - CORRECT ANSWER - 1) if client consents
2) if disclosure is impliedly authorized to advance the best interest of the client (and reasonable
or customary)
3) to prevent certain death or substantial bodily harm
4) to prevent client from committing a crime
5) withdraw an opinion based on false information
6) to secure legal advice about Rules
7) to defend against an accusation of wrongful conduct
8) to collect a fee
Conflict of Interest
General Rule - CORRECT ANSWER - A Lawyer cannot represent a person or entity when
a current or former client or the lawyer has differing interests: interests that will adversely affect
the judgment or loyalty of the lawyer to the client
or a "substantially related matter in which the person's interests are materially adverse to a
former client"
Conflict of interest
UPDATED Exam Questions and CORRECT
Answers
Roles of attorney and client in decision-making
How far does the attorney have to go? - CORRECT ANSWER - 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? - CORRECT ANSWER - 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
What if the lawyer knows or reasonably should know that the client is acting merely for the
purpose of harassing maliciously injuring a person? - CORRECT ANSWER - 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? - CORRECT ANSWER -
The lawyer may refuse to participate in conduct the lawyer believes is unlawful
When must a lawyer communicate? - CORRECT ANSWER - 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 - CORRECT ANSWER - 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
, Confidential Information
what about employees of the lawyer? - CORRECT ANSWER - A lawyer must exercise
reasonable care to prevent the lawyer's employees or associates from disclosing confidential
information
Can the lawyer use confidential information to help a third person? - CORRECT
ANSWER - No. A lawyer may not knowingly reveal confidential information, or use such
information to harm the client, help the lawyer, or help a third person.
When is disclosure of confidential information permitted?
8 times
hint: 2 permissive, 3 reactive, 3 CYA - CORRECT ANSWER - 1) if client consents
2) if disclosure is impliedly authorized to advance the best interest of the client (and reasonable
or customary)
3) to prevent certain death or substantial bodily harm
4) to prevent client from committing a crime
5) withdraw an opinion based on false information
6) to secure legal advice about Rules
7) to defend against an accusation of wrongful conduct
8) to collect a fee
Conflict of Interest
General Rule - CORRECT ANSWER - A Lawyer cannot represent a person or entity when
a current or former client or the lawyer has differing interests: interests that will adversely affect
the judgment or loyalty of the lawyer to the client
or a "substantially related matter in which the person's interests are materially adverse to a
former client"
Conflict of interest
