Pop Quiz - Legal Ethics

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What is true about conflict of interest? Mark all that apply. *

1 point

A practitioner may not represent if there is a current conflict of interest (without informed consent, preferably written)

Conflict of interest means the representation of one client will be directly adverse to another client

Conflict of interest means there is a significant risk that the representation of one or more clients will be materially limited by the attorney's responsibilities to another client or by the personal interest of the lawyer

Former clients are still considered in conflict of interests

Required

What is true about an attorney withdrawing from a Tax Court case? *

1 point

In Tax Court counsel must request the Court's permission to withdraw, and the Court may refuse to grant this permission

The attorney must withdraw if they will be a witness

The attorney may still represent with informed written consent if the attorney was involved in the planning and promotion of a transaction

The attorney may represent if representing more than one person with differing interests as long as the attorney doesn't think the clients will notice

Required

What is true about the practitioner's duties to the Tax Court? Mark all that apply. *

1 point

The attorney doesn't need to disclose adverse rulings in the same circuit where the case will be appealed

The attorney can allow a client to knowingly misrepresent the facts to the Court

The attorney is allowed to make false statements to the Court if it helps the client

The attorney cannot offer evidence the attorney knows is false

Required

What is true about the imputation rules? Mark all that apply. *

1 point

One attorney may be disqualified from representing a client because of the knowledge or actions of another attorney

If there is a current conflict of interest related to a former client, it can affect every member of the firm

If there is a current conflict of interest for one attorney, it affects every member of that firm

The new firm of an arriving associate must not knowingly represent a person in the same or substantially related manner in which the arriving associate (or prior firm) previously represented a client whose interests are materially adverse to that person - unless the arriving associate didn't acquire confidential information that is material to the matter

Imputation rules can be complex and are likely to be tested on the exam

Required

Mark all the statements that are true. *

1 point

A practitioner cannot advance a frivolous argument and may be subject to sanctions for doing so

A Tax Court practitioner is an officer of the Court

A Tax Court practitioner may not let the client testify falsely

Informed consent means giving the client adequate information about the risks and reasonable alternatives to the proposed action

Prospective clients are protected by conflict of interest and imputation rules, even if the attorney is never engaged to represent the client

Required

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