Reference no: EM133298060

Questions

1. Which of the following are among the exceptions listed by The Code of Judicial Conduct to what constitutes an economic interest for a judge:

ownership of mutual funds is not treated as ownership of stock owned by the fund

interests in securities held by various non-profit organizations in which the judge or a close family member are involved

deposits in financial institutions, savings associations, credit unions, and similar organizations

All of the above

2. Which of the following are policies that underly the regulation of the behavior of judges both in their official and in their unofficial capacities.

The adversarial system is founded on a principle of judicial impartiality.

As a matter of fairness, litigants are entitled to have judges who are not swayed by bias, prejudice, or favoritism.

The primary function of our judicial system is to provide a mechanism for resolving disputes

All of the above

3. If a member of a firm represents client A in one matter, a member of that firm generally, may not represent client B against A in an unrelated matter even though the firm does not represent A in that second matter.

True

False

4. The model rules of professional conduct prohibit lawyers from forming limited liability companies and partnerships as a lawyer may not limit liability for malpractice or professional misconduct.

True

False

5. Conduct that can reflect adversely on the fitness to practice law under Rule 8.4 includes:

Fraud

Failure to file an income tax return

Adultery

All of the above

6. To maintain the fair and independent administration of justice, lawyers are encouraged to continue traditional efforts to defend judges and courts unjustly criticized.

True

False

7. Lawyers may NOT engage in conduct undertaken to promote diversity and inclusion without violating Rule 8.4 (g) by, for example, implementing initiatives aimed at recruiting, hiring, retaining and advancing diverse employees or sponsoring diverse law student organizations.

True

False

8. Model Rule 8.4 (g) would prohibit a lawyer from engaging in harassment or discrimination during the management of a law firm.

True

False

9. Doubt about whether a client-lawyer relationship still exists should be clarified by the lawyer, preferably in writing, so that the client will not mistakenly suppose the lawyer is looking after the client's affairs when the lawyer has ceased to do so.

True

False

10. Lawyer is retiring from the practice of law. Upon retirement, Lawyer will receive a pension plan from his firm. However, as a condition to receiving money from the pension plan, Lawyer must agree not to compete with the firm in the practice of law.

The non-competition provision is invalid because such covenants are always impermissible in the practice of law

The non-competition provision is valid, because the Lawyer will be receiving retirement benefits

The non-competition provision is invalid, unless the covenant is limited to a five (5) mile geographic area

The non-competition provision is valid, because such covenants are always permissible in the practice of law.