Candour and Integrity in Legal Practice: Master Ethical Obligations

Question 1

A lawyer's duty of candor to the court obligates them to:

Accepted Answer

Reveal all relevant information, even if it harms their client's case.

Answer

Conceal information that could harm their client's case, if they believe it's not crucial to the court's decision.

Answer

Only disclose information explicitly requested by the court.

Question 2

Which of the following is a fundamental ethical obligation of lawyers, as outlined in the unit on Candour and Integrity?

Accepted Answer

To be truthful and forthright in all dealings

Answer

To maintain confidentiality of client communications

Answer

To avoid conflicts of interest

Answer

To prioritise the interests of their clients above all others

Question 3

When is a lawyer ethically obligated to correct a false statement made by an opposing party in court?

Accepted Answer

Whenever the lawyer becomes aware of the falsity

Answer

Only if the statement is material to the case

Answer

Only if the lawyer knows the statement to be false

Answer

Never, as it is the responsibility of the opposing party to correct their own statements

Question 4

According to the Solicitors Regulation Authority (SRA), what is the nature of candour in legal practice?

Accepted Answer

It is a fundamental principle that applies to all dealings with clients, the court, and other lawyers

Answer

It is only required in dealings with clients

Answer

It is not a specific ethical obligation in legal practice

Answer

It is primarily applicable in criminal cases

Question 5

What is the purpose of the "cooling-off period" in the SRA's Code of Conduct?

Accepted Answer

To give lawyers time to reconsider their conduct before reporting themselves or being reported

Answer

To protect clients from frivolous complaints

Answer

To allow lawyers to seek legal advice before responding to allegations

Answer

To punish lawyers for ethical breaches

Question 6

Which of the following is a key principle of the ethical duty of integrity?

Accepted Answer

Honesty, trustworthiness, and good faith

Answer

Confidentiality and loyalty

Answer

Independence and impartiality

Answer

Competence and diligence

Question 7

What is a key distinction between a "legal duty" and an "ethical duty" in the context of legal practice?

Accepted Answer

Legal duties are enforceable by law, while ethical duties are not

Answer

Ethical duties are self-imposed, while legal duties are imposed by external authority

Answer

Legal duties are more important than ethical duties

Answer

There is no real distinction between legal and ethical duties

Question 8

What is the primary ethical reason for lawyers to uphold candour and integrity in their practice?

Accepted Answer

To maintain the integrity of the legal profession and the justice system

Answer

To adhere to professional regulations and avoid disciplinary action

Answer

To gain the trust and respect of clients and colleagues

Answer

To safeguard clients from potential harm or legal repercussions

Question 9

What is the primary duty of a lawyer to their client in terms of candour and integrity?

Accepted Answer

To provide accurate and complete legal advice

Answer

To act in the client's best interests

Answer

To zealously advocate for the client's position

Answer

To maintain the confidentiality of all client communications

Question 10

Which of the following is NOT a consequence of a lawyer's breach of the duty of candor?

Accepted Answer

Increased fees

Answer

Loss of reputation

Answer

Disciplinary action

Answer

Criminal prosecution

Question 11

What is the difference between candor and confidentiality?

Accepted Answer

Candor requires disclosure of information, while confidentiality requires non-disclosure.

Answer

Confidentiality applies to information obtained from clients, while candor applies to information obtained from other sources.

Answer

Candor is a duty owed to the court, while confidentiality is a duty owed to the client.

Answer

There is no distinction between candor and confidentiality.

Question 12

Which of the following is an example of a situation where a lawyer has a duty of candor to the court?

Accepted Answer

During a plea hearing.

Answer

During settlement negotiations.

Answer

During a client interview.

Answer

During a meeting with opposing counsel.

Question 13

How might a lawyer's duty to be honest conflict with their role as a defender of their client?

Accepted Answer

The duty of honesty may clash with the lawyer's duty to vigorously represent their client.

Answer

A lawyer's role as an advocate does not require them to be honest with the court.

Answer

The conflict between the duty of honesty and the lawyer's role as an advocate can be resolved by always prioritizing the client's interests.

Answer

The duty of honesty only applies in criminal cases.

Question 14

In balancing the duty of loyalty to a client and the duty of candour, what is the primary ethical obligation lawyers must prioritize?

Accepted Answer

Upholding the integrity of the legal profession

Answer

Protecting the client's interests

Answer

Following their own personal moral compass

Answer

Considering the interests of the opposing party

Question 15

Which of the following is a core principle of candour and integrity in legal practice?

Accepted Answer

Acting honestly and transparently with clients, opposing counsel, and the court.

Answer

Adhering strictly to technical legal rules, even if it hinders justice.

Answer

Prioritizing the financial interests of the lawyer.

Answer

Concealing relevant information from the opposing party.

Question 16

A lawyer's duty of candour to the court primarily entails:

Accepted Answer

Providing truthful and complete information, even if it may harm the lawyer's client.

Answer

Maintaining the confidentiality of client communications.

Answer

Vigorously defending clients, regardless of the merits of their case.

Question 17

Which of the following actions would constitute a breach of a lawyer's duty of candour to a client?

Accepted Answer

Knowingly withholding information that could significantly affect the client's case without their consent.

Answer

Negotiating a favourable settlement that benefits both parties.

Answer

Filing a motion to dismiss a frivolous lawsuit.

Question 18

Under the 'candour rule' in legal ethics, lawyers are obligated to:

Accepted Answer

Disclose all material facts to the court, even if they are detrimental to their client's position.

Answer

Refrain from making any arguments that they do not personally believe in.

Answer

Prioritize the interests of their client above all else.

Question 19

A primary reason for upholding candour and integrity in legal practice is:

Accepted Answer

To maintain the public's trust in the legal system and the integrity of the profession.

Answer

To enhance the earning potential of lawyers.

Answer

To avoid personal liability for legal mistakes.

Question 20

During a client consultation, a lawyer acts with integrity by:

Accepted Answer

Fully informing the client of their legal options, potential risks, and realistic expectations.

Answer

Making unrealistic promises to secure the client's business.

Answer

Minimizing the client's concerns and dismissing their questions.

Question 21

The 'integrity of the legal profession' encompasses:

Accepted Answer

Adherence to ethical standards and the maintenance of public trust in the justice system.

Answer

The immunity of lawyers from prosecution.

Answer

The financial success of individual lawyers.

Question 22

Which of the following is NOT a potential benefit of maintaining high ethical standards in legal practice?

Accepted Answer

Increased financial gain for lawyers.

Answer

Increased public trust in the legal system.

Answer

Enhanced job satisfaction for legal professionals.

Answer

Improved access to justice for citizens.

Question 23

The duty of candour and integrity is particularly important in:

Accepted Answer

Criminal cases, where the stakes are high and the consequences of unethical behaviour can be severe

Answer

Civil cases, where the parties have more flexibility to negotiate and compromise

Answer

Family law cases, where emotions often run high