Professional Responsibility sample questions

Answer: A. Not borrow the money from her, whatever the terms or advice.

Rule 3.4-28.1 of the Rules of Professional Conduct provides that, except for borrowing from a regulated lender or a related person, a lawyer shall not borrow from a client. Nadia is not related to you and does not lend money in the ordinary course of business, so she is neither, and the prohibition applies whatever the terms. (B) Independent legal advice is a safeguard under rule 3.4-29 for transactions the rules permit; it cannot make a prohibited loan permissible. (C) Fairness under rule 3.4-28 and consent under rule 3.4-29(c) are conditions on permitted transactions, not exceptions to rule 3.4-28.1. (D) Independent legal representation is what rule 3.4-29(b)(i) requires when you lend to a client who is not a related person, not when you borrow from one.

Answer: A. May act if you can still serve him competently, such as through an interpreter, and he consents in writing.

Rule 3.2-2B provides that where a client proposes to use a language of his choice and you are not competent in it, you shall not undertake the matter unless you are otherwise able to provide the services competently and the client consents in writing. Both conditions apply to Joaquim. (B) Lack of fluency is not an absolute bar; r. 3.2-2B allows you to act if you can otherwise serve the client competently and have written consent. (C) An interpreter, family member or not, may help you serve him competently, but r. 3.2-2B still requires Joaquim's written consent, which this option leaves out. (D) Commentary [2] to r. 3.2-2B states that the choice of language belongs to the client, not the lawyer.

Answer: C. clearly and separately detail the amounts charged as fees and as disbursements.

Rule 3.6-3 of the Rules of Professional Conduct requires that in a statement of account delivered to a client the lawyer clearly and separately detail the amounts charged as fees and as disbursements. Your account must therefore show the $6,000 block fee as the fee and the $530 in transcript and courier charges as disbursements, each separately. (A) A block fee fixes the amount of the fee; it does not permit fees and disbursements to be merged into one figure. (B) Rule 3.6-3 contains no exception for block-fee retainers; disbursements must still be separately detailed. (D) The rule applies to the account when delivered, not only on a later request or assessment; the client's right to an assessment under the Solicitors Act (r. 3.6-1, commentary [4.1]) is a separate matter.