Client wants to bring suit in which statute of limitation has run. Attorney knows that
unless Defendant raise this affirmative defense client can bring the suit, and client is
willing to incur all the cost?
What may attorney do?
A) File the suit because her client is willing to incur the legal fees and courts costs
B) File the suit but inform the court that statute of limitation has run
C) No file the suit unless her client consents to disclose to the court the fact that the
statute of limitation has run
D) Not file suit as it is now a frivolous claim.
Give this one a try later!
A) File the suit because her client is willing to incur the legal fees and
courts costs
and
D) Not file suit as it is now a frivolous claim
Statute of limitation merely destroys the remedy and not the right. Unless
, defendant pleads the statute of limitations, the claim is valid.
There is NOT DUTY to inform the court that statute of limitation has run
For many years, Attorney has served as outside counsel to Corp, a corporation.
Shortly after a chance in management, Attorney discovered what she reasonably
believed to be a material misstatement in a document she had drafted that Attorney
was about to file on Corp's behalf with a government agency. Attorney advised Corp's
Board of Directors that filing the document was probably criminal. However, the
Board disagreed that there was any material misstatement and directed Attorney to
proceed with the filing. When Attorney indicated her intention to resign, Corp argued
that a resignation at this time would send a signal that there was a problem with the
filing. Corp urged Attorney to continue the representation, but offered to use in-
house counsel to complete the work on the filing. Although she does not know for
certain that fling the document is illegal, Attorney reasonably believes that it is. In any
event, Attorney is personally uncomfortable with the representation and wants to
withdraw. May Attorney withdraw from her representation of Corp?
A) No, if Attorney's withdrawal as outside counsel might affect Corp's ability to
complete the filing in a timely fashion.
B) Yes, because withdrawal is required when a client insists on conduct that the lawyer
reasonably believes, but does not know, will be criminal.
C) Yes, because withdrawal is permitted but not required when a client insists on
conduct that the lawyer reasonably believes, but does not know, will be criminal.
D) No, if Corp is correct that withdrawal would breach confidentiality by sending a
signal that the filing is problematic.
Give this one a try later!
C) Yes, because withdrawal is permitted but not required when a client
insists on conduct that the lawyer reasonably believes, but does not know,
will be criminal.
Addicted lawyer is receiving peer counseling from another lawyer. Addicted lawyer is
strong, large man and in addition he becomes psychically abuse. Addicted lawyer
tells his counselor that one of his client is not paying him, and next time he sees his
non-paying client going to hit him. Counselor believes he may really do it.
, May the peer counselor disclose addicted lawyer's statement to non-paying client
and police?
A) No, unless the lawyer consents
B), No, unless the peer counselor is certain that the lawyer will carry out threat
C) Yes, even if the lawyer object
D) Yes, because he is serving as peer counselor, not lawyer
Give this one a try later!
C) Yes, even if the lawyer object
> Attorney MAY reveal confidential information to the extent necessary to
prevent certain death or substantial bodily harm.
Defendant was charged with drug possession and sale. Lawyer hired by his buddies,
told the defendant if he is not going to tell about his buddies he will not have to pay
anything, and he must refuse plea offer from prosecutor. Prosecutor who gave very
good plea offer to defendant's attorney, who denied it right away. Prosecutor became
suspicious, and moved to disqualify the Defendant's lawyer.
Is the Defense lawyer subject to disqualification?
A) Yes, because in a criminal case it is unlawful for a private criminal defense lawyer to
accept compensation from an outsider for his legal services.
B) Yes, because both the prosecutor and judge have duty to protect the defendant's
constitutional right to effective assistance form legal counsel.
C) No, because the accused consented to the fee arrangement after having been
informed of the conditions of which it was offered.
D) No, because the prosecutor has no right to interfere with a criminal defendant's
choice of counsel.
Give this one a try later!
B) Yes, because both the prosecutor and judge have duty to protect the
defendant's constitutional right to effective assistance form legal counsel.
unless Defendant raise this affirmative defense client can bring the suit, and client is
willing to incur all the cost?
What may attorney do?
A) File the suit because her client is willing to incur the legal fees and courts costs
B) File the suit but inform the court that statute of limitation has run
C) No file the suit unless her client consents to disclose to the court the fact that the
statute of limitation has run
D) Not file suit as it is now a frivolous claim.
Give this one a try later!
A) File the suit because her client is willing to incur the legal fees and
courts costs
and
D) Not file suit as it is now a frivolous claim
Statute of limitation merely destroys the remedy and not the right. Unless
, defendant pleads the statute of limitations, the claim is valid.
There is NOT DUTY to inform the court that statute of limitation has run
For many years, Attorney has served as outside counsel to Corp, a corporation.
Shortly after a chance in management, Attorney discovered what she reasonably
believed to be a material misstatement in a document she had drafted that Attorney
was about to file on Corp's behalf with a government agency. Attorney advised Corp's
Board of Directors that filing the document was probably criminal. However, the
Board disagreed that there was any material misstatement and directed Attorney to
proceed with the filing. When Attorney indicated her intention to resign, Corp argued
that a resignation at this time would send a signal that there was a problem with the
filing. Corp urged Attorney to continue the representation, but offered to use in-
house counsel to complete the work on the filing. Although she does not know for
certain that fling the document is illegal, Attorney reasonably believes that it is. In any
event, Attorney is personally uncomfortable with the representation and wants to
withdraw. May Attorney withdraw from her representation of Corp?
A) No, if Attorney's withdrawal as outside counsel might affect Corp's ability to
complete the filing in a timely fashion.
B) Yes, because withdrawal is required when a client insists on conduct that the lawyer
reasonably believes, but does not know, will be criminal.
C) Yes, because withdrawal is permitted but not required when a client insists on
conduct that the lawyer reasonably believes, but does not know, will be criminal.
D) No, if Corp is correct that withdrawal would breach confidentiality by sending a
signal that the filing is problematic.
Give this one a try later!
C) Yes, because withdrawal is permitted but not required when a client
insists on conduct that the lawyer reasonably believes, but does not know,
will be criminal.
Addicted lawyer is receiving peer counseling from another lawyer. Addicted lawyer is
strong, large man and in addition he becomes psychically abuse. Addicted lawyer
tells his counselor that one of his client is not paying him, and next time he sees his
non-paying client going to hit him. Counselor believes he may really do it.
, May the peer counselor disclose addicted lawyer's statement to non-paying client
and police?
A) No, unless the lawyer consents
B), No, unless the peer counselor is certain that the lawyer will carry out threat
C) Yes, even if the lawyer object
D) Yes, because he is serving as peer counselor, not lawyer
Give this one a try later!
C) Yes, even if the lawyer object
> Attorney MAY reveal confidential information to the extent necessary to
prevent certain death or substantial bodily harm.
Defendant was charged with drug possession and sale. Lawyer hired by his buddies,
told the defendant if he is not going to tell about his buddies he will not have to pay
anything, and he must refuse plea offer from prosecutor. Prosecutor who gave very
good plea offer to defendant's attorney, who denied it right away. Prosecutor became
suspicious, and moved to disqualify the Defendant's lawyer.
Is the Defense lawyer subject to disqualification?
A) Yes, because in a criminal case it is unlawful for a private criminal defense lawyer to
accept compensation from an outsider for his legal services.
B) Yes, because both the prosecutor and judge have duty to protect the defendant's
constitutional right to effective assistance form legal counsel.
C) No, because the accused consented to the fee arrangement after having been
informed of the conditions of which it was offered.
D) No, because the prosecutor has no right to interfere with a criminal defendant's
choice of counsel.
Give this one a try later!
B) Yes, because both the prosecutor and judge have duty to protect the
defendant's constitutional right to effective assistance form legal counsel.
