Deck 7: Civil Litigation

Question 1

All of the following statements are FALSE; state why they are false and then rewrite them as true statements, without just making the statement negative by adding the word "not."
All employees of a corporation who have relevant information about the legal matter at issue are protected under attorney-client privilege.

Answer 1

Attorney-client privilege stands for the theory in which an attorney is expected to keep the client's secret information without sharing it with other parties.
The correct statement is-
A corporate client who possess a relevant information about the legal matter at issue is protected under attorney-client privilege.
This is because the theory of attorney-client privilege gives the client a protection under which an attorney could not share the secret information that client provides to the attorney with the other party during the court case.

Question 2

Where the attorney represents an organizational client,

A) he also represents all the shareholders of that corporation.
B) he may represent other members of the organization if there is no conflict of interest.
C) he can share confidential corporate information only with the board of directors.
D) all subsidiary companies of the organization are also clients of the attorney for the parent company.
E) all of the above.

Answer 2

E
Organizational client stands for the company or an organization that takes advice and legal support of an attorney in handling various legal matters.
The correct answer is- e.
This is because when an attorney represents an organizational client then all the people and entities associated with that client gets represented by the attorney. It includes shareholders of the company, other members of the organization like employees, suppliers, dealers etc., all the subsidiary companies of the organization. In this representation, the attorney could share the company's secret information with the board of directors of the company because they are also the part of the organization to which an attorney represents.

Question 3

All of the following statements are FALSE; state why they are false and then rewrite them as true statements, without just making the statement negative by adding the word "not."
A client with diminished capacity does not have the same rights of attorney-client privilege as other clients.

Answer 3

Attorney-client privilege stands for the theory in which an attorney is expected to keep the client's secret information without sharing it with other parties.
The correct statement is-
A client with diminished capacity possess all the rights of attorney-client privilege as other capable clients.
This is because an attorney that represents a client who is of diminished capacity has to prevent sharing of secret information of the client with the third party. The client could obtain a guardian when the client is unable to make her own decisions in representing himself due to his diminished capacity which could affect the case in anyway; and also, when the client could not understand and calculate the results of the case in which he is involved owing to his diminished capacity.

Question 4

An attorney must maintain an organization's confidential information unless

A) she chooses to represent the organization's employees instead.
B) the SEC requests all the records of the company.
C) the organization chooses to pursue a criminal or fraudulent activity.
D) she has been retaliatory discharged as counsel.

Question 5

All of the following statements are FALSE; state why they are false and then rewrite them as true statements, without just making the statement negative by adding the word "not."
An attorney must take on all clients who come to his office who present him with a problem in the area of law in which he specializes.

Question 6

An attorney may permissively withdraw from representation

A) only with the court's approval at a hearing or at trial.
B) if he is fired by the client.
C) if the client continues to pursue an ill-advised course of action.
D) when the attorney is found guilty of ethical misconduct.

Question 7

All of the following statements are FALSE; state why they are false and then rewrite them as true statements, without just making the statement negative by adding the word "not."
An attorney must decline to represent a potential client who suffers from diminished capacity because the potential client cannot act for herself.

Question 8

An attorney who has agreed to represent a client with diminished capacity must obtain a guardian when

A) the client is unable to make her own decisions in her representation.
B) the family of the disabled client asks the attorney to obtain one.
C) the client has made poor decisions regarding her representation.
D) the client is completely unable to understand the ramifications of her decisions regarding her representation.

Question 9

All of the following statements are FALSE; state why they are false and then rewrite them as true statements, without just making the statement negative by adding the word "not."
An attorney who drinks alcohol or uses drugs should withdraw from the representation of clients.

Question 10

All of the following statements are FALSE; state why they are false and then rewrite them as true statements, without just making the statement negative by adding the word "not."
An attorney can appeal her client's decision to terminate the representation if the attorney is if red right before trial.

Question 11

All of the following statements are FALSE; state why they are false and then rewrite them as true statements, without just making the statement negative by adding the word "not."
An attorney may cease to work on a client's matter until he is paid for his work.