Legal Ethics in Litigation: A Comprehensive Guide for Law Students

Question 1

When an attorney discovers that their client has committed perjury, the attorney is obligated to:

Accepted Answer

Withdraw from representation

Answer

Report the crime to the authorities

Answer

Keep the information confidential

Answer

Advise the client to confess

Question 2

Which of the following is NOT an ethical obligation of an attorney in litigation?

Accepted Answer

Winning their case at all costs

Answer

Zealous advocacy for their client's interests

Answer

Maintaining client confidentiality

Answer

Acting fairly and honestly

Question 3

The purpose of the discovery process in litigation is to:

Accepted Answer

Enable both parties to gather relevant information

Answer

Determine the parties' guilt or innocence

Answer

Create a permanent record of evidence for trial

Answer

Exclude unreliable evidence from the trial

Question 4

When handling witnesses in litigation, attorneys must:

Accepted Answer

Prepare witnesses to testify truthfully and accurately

Answer

Coach witnesses to provide favorable testimony

Answer

Discredit opposing witnesses by any means

Answer

Withhold information about witnesses from the opposing party

Question 5

The ethical rule against ex parte communication in litigation prohibits:

Accepted Answer

Any communication between an attorney and an opposing party in the absence of their attorney

Answer

Communication between attorneys and witnesses

Answer

Communication between attorneys and judges

Answer

Communication between experts and attorneys

Question 6

The concept of "professional courtesy" in litigation refers to:

Accepted Answer

Treating opposing counsel with respect and fairness

Answer

Offering preferential treatment to clients who are also attorneys

Answer

Avoiding unnecessary delays and disruptions during proceedings

Answer

Admitting guilt or liability without sufficient evidence

Question 7

In the context of discovery, which of the following is NOT a duty of disclosure for attorneys?

Accepted Answer

Disclosing confidential client communications

Answer

Disclosing relevant information to the opposing party

Answer

Disclosing personal biases or conflicts of interest

Answer

Disclosing any prior disciplinary actions

Question 8

When handling witnesses, an attorney's primary ethical obligation is to:

Accepted Answer

Ensure the witness's testimony is accurate and truthful

Answer

Protect the witness from harm or intimidation

Answer

Maintain the witness's confidentiality

Answer

Avoid contact with the witness outside of court

Question 9

The primary purpose of the attorney-client privilege is to:

Accepted Answer

Protect the confidentiality of communications between attorneys and their clients

Answer

Prevent attorneys from using privileged information against their clients

Answer

Ensure clients can receive legal advice without coercion

Answer

Promote ethical conduct among attorneys

Question 10

The ethical duty of zeal requires attorneys to:

Accepted Answer

Represent their clients' interests vigorously

Answer

Avoid tactics that may hinder the opponent's case

Answer

Always adhere strictly to the law

Answer

Prioritize the court's interests over their clients'

Question 11

In a trial, an attorney knowingly presents false evidence. Which ethical principle is primarily breached by this action?

Accepted Answer

Duty of Candor

Answer

Duty of Loyalty

Answer

Duty of Competence

Question 12

Which of the following is **not** a duty owed by an attorney to their client in litigation?

Accepted Answer

To conceal unfavorable evidence

Answer

To represent their client's interests zealously within the bounds of the law

Answer

To keep their client informed of all relevant information

Answer

To avoid conflicts of interest

Question 13

What is the primary purpose of discovery in litigation?

Accepted Answer

To obtain relevant evidence to support or refute claims

Answer

To delay the proceedings

Answer

To punish the opposing party

Answer

To determine the sole and dispositive facts of the case

Question 14

What is the ethical obligation of an attorney when they learn that their client has committed perjury?

Accepted Answer

To withdraw from representation, unless prevented by law

Answer

To continue representing the client but avoid discussing the perjury

Answer

To keep the information confidential

Answer

To report the client to the authorities

Question 15

Which of the following is a **permissible** tactic during ethical trial conduct?

Accepted Answer

Introducing evidence that is relevant, material, and admissible

Answer

Making personal attacks on the opposing attorney

Answer

Hiding evidence from the jury

Question 16

What is the commonly known as the "work product doctrine"?

Accepted Answer

A legal principle that protects materials prepared by an attorney in anticipation of litigation

Answer

A rule that requires attorneys to share all documents with each other

Answer

A doctrine that prevents the opposing party from obtaining certain privileged evidence

Question 17

Which of the following is a factor to consider when determining whether an attorney has a conflict of interest?

Accepted Answer

Whether the attorney has represented the opposing party in a substantially related matter or has personal connections that potentially impair their judgment

Answer

Whether the attorney has personal feelings about the case

Answer

Whether the attorney is friends with the client

Question 18

What is the ethical obligation of an attorney when they learn that a witness has been bribed to testify falsely?

Accepted Answer

To report the incident to the court or appropriate authorities

Answer

To keep the information confidential

Answer

To confront the witness directly

Answer

To withdraw from representation

Question 19

Which of the following is a permissible use of social media by an attorney during litigation?

Accepted Answer

Posting general updates on the status and progress of the case to keep clients informed

Answer

Contacting opposing counsel via social media about the case

Answer

Making disparaging comments about the opposing party or case on social media

Question 20

What is the ethical obligation of an attorney when they are appointed to represent an indigent defendant?

Accepted Answer

To provide the same zealous and effective representation as they would to a paying client

Answer

To withdraw from representation if they do not have the time to provide adequate representation

Answer

To charge a reduced fee

Question 21

Which of the following is NOT an ethical obligation of attorneys in litigation?

Accepted Answer

To intentionally mislead the court

Answer

To avoid conflicts of interest

Answer

To represent their clients zealously and competently

Question 22

Discovery is the process of:

Accepted Answer

Exchanging information between parties before trial

Answer

Determining the admissibility of evidence at trial

Answer

Selecting the jury for trial

Question 23

Which of the following is an ethical issue that may arise in witness handling?

Accepted Answer

Coaching witnesses to provide favorable testimony

Answer

Communicating with adverse witnesses in the presence of their attorney

Answer

Interviewing witnesses to gather information

Answer

Preparing witnesses for cross-examination

Question 24

Trial conduct includes all of the following EXCEPT:

Accepted Answer

Conducting pre-trial conferences

Answer

Presenting evidence

Answer

Jury instructions

Answer

Opening and closing statements

Question 25

Which of the following is a permissible communication with a represented party?

Accepted Answer

Requesting information necessary to evaluate a potential claim

Answer

Offering legal advice

Answer

Making a settlement offer

Question 26

Which of the following is a prohibited tactic in discovery?

Accepted Answer

Filing a motion to compel discovery without first attempting to resolve the dispute informally

Answer

Objecting to discovery requests that are overly broad or burdensome

Answer

Sending discovery requests to all parties in the case

Question 27

Which of the following is a potential ethical issue in the use of social media by attorneys?

Accepted Answer

Posting information about a client's case that could prejudice the outcome

Answer

Posting articles on legal topics to educate the public

Answer

Using social media to connect with potential clients