Multistate Professional Responsibility Exam Practice Question
Lee represents a client, Elena, in licensing matters. Lee proposes that they jointly purchase commercial equipment. Lee drafts the sales contract himself and builds in interest fees that will benefit his investment. Elena signs without being urged to consult another attorney. Which statement accurately describes Lee's professional-responsibility obligations in this situation?
Lee does not violate any rules by simply splitting costs with Elena.
Lee may rely on Elena's verbal agreement once he explains the terms; written consent and advice to seek separate counsel are not required.
Lee's smaller financial contribution to the contract relaxes his disclosure obligations.
Lee must ensure that the terms are fair, fully disclosed in writing, advise Elena to consider independent counsel, and obtain her informed written consent before proceeding.
When a lawyer enters into a business transaction with a client (or knowingly acquires a financial interest adverse to the client), ABA Model Rule 1.8(a) applies. The terms must be fair and reasonable to the client and fully disclosed in writing in language the client can understand. The lawyer must advise the client in writing of the desirability of seeking, and give the client a reasonable opportunity to seek, independent legal counsel. The transaction is permissible only if the client gives informed, written consent to the essential terms and the lawyer's role. The correct answer captures all of these requirements. The other responses either ignore the disclosure/advice requirements or incorrectly state that the amount of the lawyer's financial participation alters the ethical duties.
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What does ABA Model Rule 1.8(a) require when entering into a business transaction with a client?
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What is 'informed written consent,' and how is it relevant here?
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Why is advising a client to seek independent legal counsel important in situations like this?
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Multistate Professional Responsibility Exam
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