Ethics in Civil Litigation: A Comprehensive Guide for Law Students

Question 1

Which of the following is NOT a fundamental ethical duty owed by attorneys to clients?

Accepted Answer

Advancing the client's personal agenda

Answer

Competence

Answer

Confidentiality

Answer

Zealous representation

Question 2

Which of the following is considered an unethical form of communication with opposing parties in civil litigation?

Accepted Answer

Ex parte communication without the consent of opposing counsel.

Answer

Offering to settle the case.

Answer

Requesting documents related to the case.

Answer

Threatening to file a motion to dismiss.

Question 3

An attorney who reasonably believes that opposing counsel has violated the rules of professional conduct should:

Accepted Answer

Report the violation to the appropriate disciplinary authority.

Answer

Inform the court.

Answer

Confront opposing counsel directly.

Answer

Do nothing.

Question 4

An attorney who witnesses the opposing party tampering with evidence has an ethical obligation to:

Accepted Answer

Report the misconduct to the court immediately.

Answer

Inform the opposing party's attorney.

Answer

Preserve the evidence and present it to the court at trial.

Answer

Do nothing.

Question 5

Which of the following is NOT a valid reason for an attorney to withdraw from representation of a client?

Accepted Answer

If the attorney simply no longer wants to represent the client without good cause.

Answer

If the client insists on pursuing a frivolous claim.

Answer

If the attorney develops a conflict of interest.

Answer

If the attorney's health prevents them from effectively representing the client.

Question 6

An attorney who receives confidential information from a client has a duty to:

Accepted Answer

Maintain the confidentiality of the information.

Answer

Use the information to the client's advantage, even if it involves disclosing it to a third party.

Answer

Disclose the information to the court if it is relevant to the case.

Answer

Disclose the information to opposing counsel if it is requested.

Question 7

What is the most severe sanction that can be imposed on an attorney for an egregious ethical violation?

Accepted Answer

Disbarment

Answer

Suspension

Answer

Probation

Answer

Censure

Question 8

What are an attorney's primary ethical duties to the court?

Accepted Answer

To be truthful and respectful

Answer

To win cases for their clients

Answer

To protect client confidences

Answer

To zealously advocate for their clients

Question 9

Which of the following is NOT a recommended way to avoid ethical violations?

Accepted Answer

Ignoring ethical rules

Answer

Seeking advice from a supervisor or colleague

Answer

Taking continuing legal education courses

Answer

Maintaining a high level of professionalism

Question 10

What is the fundamental purpose of attorney-client privilege?

Accepted Answer

To protect the client's confidences

Answer

To ensure that clients receive the best possible legal advice

Answer

To prevent attorneys from testifying against their clients

Answer

To allow attorneys to communicate freely with their clients

Question 11

Which of the following is NOT considered an ethical violation?

Accepted Answer

Zealously advocating for a client's position within the bounds of the law

Answer

Engaging in ex parte communications

Answer

Misrepresenting facts to the court

Question 12

What is the first step an attorney should take if they have a good faith belief that another attorney has violated ethical rules?

Accepted Answer

Report the violation to the appropriate disciplinary authority

Answer

Confront the attorney directly

Answer

Ignore the violation and hope it goes away

Question 13

An attorney's primary ethical duty to a client is to:

Accepted Answer

Act competently and zealously within the bounds of the law

Answer

Win at all costs

Answer

Maintain client confidentiality

Question 14

Which of the following is NOT a potential sanction for an attorney who violates ethical rules?

Accepted Answer

Mandatory pro bono work

Answer

Public reprimand

Answer

Suspension from practice

Answer

Disbarment

Question 15

The attorney-client privilege is a fundamental ethical principle that protects communications between an attorney and their client. Which of the following is an exception to the attorney-client privilege?

Accepted Answer

The client's communications reveal an intent to commit a crime or fraud

Answer

The client's communications relate to a civil dispute

Answer

The client's communications concern past criminal conduct

Question 16

In addition to their duties to their clients, attorneys also have ethical obligations to the court. Which of the following is an ethical duty that an attorney owes to the court?

Accepted Answer

To be honest and truthful in all dealings with the court

Answer

To advocate zealously for their clients, even if it means misleading the court

Answer

To maintain the confidentiality of all information obtained during the course of representation

Answer

To avoid conflicts of interest that could impair their ability to represent their clients effectively

Question 17

In a legal malpractice action, which of the following is a potential defense that an attorney may assert?

Accepted Answer

The client's own negligence contributed to the alleged malpractice

Answer

The attorney's lack of experience in the relevant area of law

Answer

The attorney's good intentions in representing the client

Answer

The attorney's heavy workload at the time of the alleged malpractice

Question 18

An attorney's duty to withdraw from representation is triggered when:

Accepted Answer

The client insists on pursuing a course of action that the attorney considers to be illegal or unethical

Answer

The attorney and client have a personality conflict

Answer

The attorney believes that the client's case has no merit

Answer

The attorney has a scheduling conflict that prevents them from representing the client

Question 19

Which of the following is an ethical obligation of attorneys in civil litigation?

Accepted Answer

To zealously advocate for their clients within the bounds of the law

Answer

To settle every case as quickly as possible

Answer

To always tell their clients what they want to hear

Question 20

Which of the following is NOT a duty that attorneys owe to the court?

Accepted Answer

To communicate with the court honestly

Answer

To respect the authority of the court

Answer

To obey court orders

Answer

To avoid making false statements

Question 21

An attorney discovers that a key witness for their client has committed perjury in a deposition. What should the attorney do?

Accepted Answer

Disclose the perjury to the court and opposing counsel, and withdraw from the case if necessary.

Answer

Advise the client to withdraw the witness's testimony

Answer

Continue using the witness's testimony without disclosing the perjury

Question 22

A client instructs their attorney to file a frivolous lawsuit solely to harass their former business partner. What should the attorney do?

Accepted Answer

Decline to file the lawsuit as it violates ethical rules and may be considered unethical conduct.

Answer

Advise the client of the potential consequences of filing a frivolous lawsuit

Answer

File the lawsuit as it is the client's right to pursue legal action

Question 23

An attorney receives a subpoena to produce documents from their client's files. The client instructs the attorney not to comply. What is the attorney's ethical obligation?

Accepted Answer

Comply with the subpoena unless there is a valid legal basis to object, even if the client instructs otherwise.

Answer

Refuse to comply with the subpoena as it violates client confidentiality

Answer

Advise the client of the consequences of non-compliance

Question 24

An attorney is representing two clients in a business dispute. The clients' interests are in conflict. What should the attorney do?

Accepted Answer

Withdraw from representing both clients to avoid a conflict of interest

Answer

Continue representing both clients and disclose the conflict to the court

Answer

Advise the clients to resolve their conflict before proceeding

Question 25

An attorney discovers that their opponent is using a deceptive tactic in discovery. What is the attorney's ethical obligation?

Accepted Answer

Inform the court and opposing counsel of the deceptive tactic

Answer

Advise their client to seek a protective order from the court

Answer

Continue to use their own deceptive tactics to counter their opponent's strategy

Question 26

An attorney is representing a client who is facing a serious criminal charge. The client confesses to the crime but insists on pleading not guilty. What should the attorney do?

Accepted Answer

Advise the client of the legal consequences of pleading not guilty despite their confession, and withdraw from the case if the client persists

Answer

Respect the client's decision to plead not guilty and proceed with the case

Answer

Convince the client to plead guilty to avoid a harsher sentence

Question 27

An attorney receives a large settlement offer from the opposing party in a case. The attorney has a close personal relationship with the opposing party's lawyer. What should the attorney do?

Accepted Answer

Disclose the relationship to the client and seek their informed consent before accepting the settlement

Answer

Accept the settlement without disclosing the relationship to avoid creating suspicion

Question 28

An attorney learns that their client is planning to commit perjury at trial. What should the attorney do?

Accepted Answer

Advise the client against committing perjury and withdraw from the case if necessary

Answer

Report the client's intent to commit perjury to the court

Answer

Allow the client to commit perjury and hope that the court does not discover the lie

Question 29

Which of the following is NOT a potential sanction for an attorney's ethical violation?

Accepted Answer

Imprisonment.

Answer

Disbarment.

Answer

Suspension of license.

Answer

Reprimand.

Question 30

An attorney is representing a client in a divorce case. The client asks the attorney to conceal assets from their spouse. What should the attorney do?

Accepted Answer

Refuse to conceal assets as it would be unethical and potentially illegal.

Answer

Comply with the client's request as it is their right to protect their assets.

Answer

Advise the client of the potential consequences of concealing assets.