Defense Attorney Ethics: Ethical Obligations and Responsibilities

Question 1

What is the primary ethical obligation of a defense attorney?

Accepted Answer

To provide diligent and zealous representation

Answer

To ensure the client's guilt

Answer

To follow the instructions of the prosecution

Answer

To protect the interests of society

Question 2

What is a primary ethical duty of a defense attorney?

Accepted Answer

To prioritize the client's interests, even if they believe the client is guilty.

Answer

To present only evidence and arguments they deem truthful.

Answer

To advise the client to plead guilty, regardless of their own assessment of the client's guilt.

Question 3

In plea bargaining negotiations, the primary ethical obligation for defense attorneys is to:

Accepted Answer

Act in the best interests of their clients

Answer

Ensure the defendant's right to a fair trial

Answer

Prioritize the strength of the prosecution's case

Answer

Focus on the likelihood of success on appeal

Question 4

Which of the following is a fundamental ethical obligation of defense attorneys?

Accepted Answer

To zealously and ethically represent their clients' interests

Answer

To ensure that their clients are convicted

Answer

To disclose all information about their clients to the prosecution

Answer

To represent only clients they are sure of their innocence

Question 5

Which ethical dilemma might arise when a defense attorney believes their client is guilty?

Accepted Answer

They can continue representing the client but cannot present evidence that they know is false

Answer

They must withdraw from the case immediately

Answer

They can continue representing the client but must tell them to plead guilty

Answer

They are not ethically required to take any action

Question 6

Which of the following is NOT an ethical responsibility of defense attorneys?

Accepted Answer

To assist their client in committing perjury

Answer

To zealously advocate for their client's rights

Answer

To present evidence that supports their client's innocence

Answer

To maintain client confidentiality

Question 7

How do ethical rules strike a balance between the defense attorney's duty to their client and the public's interest in justice?

Accepted Answer

By setting guidelines for the tactics defense attorneys can use to defend their clients

Answer

By preventing defense attorneys from representing clients they believe are guilty

Answer

By requiring defense attorneys to disclose all evidence, even if it could harm their client's case

Answer

By creating a presumption of guilt for all defendants

Question 8

In the ethical tension between zealous representation and the defense attorney's obligations to the court, which takes priority and under what circumstances?

Accepted Answer

The priority depends on the specific circumstances of the case. In some cases, zealous representation may take priority, while in other cases, the attorney's obligations to the court may take priority.

Answer

Zealous representation always takes priority, because the attorney's primary duty is to their client.

Answer

The attorney's obligations to the court always take priority, because the attorney is an officer of the court.

Answer

The attorney has no ethical obligations to the court.

Question 9

How do external organizations, such as the American Bar Association, influence the ethical standards for defense attorneys?

Accepted Answer

They offer guidance and resources to defense attorneys.

Answer

They have no involvement in shaping ethical standards for defense attorneys.

Answer

They solely enforce ethical standards without providing guidance.

Question 10

According to the American Bar Association's Model Rules of Professional Conduct, defense attorneys must maintain client confidentiality.

Accepted Answer

True

Answer

False

Question 11

What is the ethical dilemma faced by defense attorneys who know their client is guilty?

Accepted Answer

They must present a vigorous defense despite their personal beliefs.

Answer

They can withdraw from representing the client.

Answer

They must inform the court of their client's guilt.

Answer

They must attempt to negotiate a plea bargain.

Question 12

True or False: Defense attorneys are obligated to provide both competent and zealous representation to their clients.

Accepted Answer

True

Answer

False

Question 13

True or False: Defense attorneys have an ethical obligation to disclose all exculpatory evidence to the prosecution, even if it would harm their client's case.

Accepted Answer

False

Answer

True

Question 14

In the United States, which professional code guides the ethical conduct of defense attorneys?

Accepted Answer

Model Rules of Professional Conduct

Answer

Canons of Professional Ethics

Answer

State Bar Association Ethical Guidelines

Answer

Federal Rules of Criminal Procedure

Question 15

Which of the following is an ethical obligation of defense attorneys?

Accepted Answer

To provide zealous representation within the bounds of the law

Answer

To prioritize their own interests over those of their client

Answer

To ensure a not guilty verdict for their client

Answer

To withhold exculpatory evidence from the prosecution

Question 16

What is the primary purpose of attorney-client confidentiality?

Accepted Answer

To protect the client's right to privacy and foster open communication with the attorney

Answer

To limit the scope of the prosecution's discovery

Answer

To ensure that the attorney is not influenced by outside pressures

Answer

To prevent the attorney from testifying against the client in court

Question 17

What is the duty of zealous representation?

Accepted Answer

To advocate vigorously for the client's best interests within the ethical and legal framework

Answer

To prioritize the attorney's reputation over the client's interests

Answer

To ensure the client is found not guilty, regardless of the evidence

Answer

To abide by the wishes of the client, even if they are unethical

Question 18

Which of the following is a permissible defense strategy under the bounds of ethical representation?

Accepted Answer

Presenting evidence to support an alibi defense

Answer

Intentionally misleading the jury about the facts of the case

Answer

Threatening witnesses to prevent them from testifying

Answer

Fabricating evidence to support the client's innocence

Question 19

What is the ethical dilemma faced by defense attorneys when representing clients they believe are guilty?

Accepted Answer

Balancing the duty to zealously represent the client with the obligation to uphold the law and ethical principles

Answer

Determining the appropriate punishment for the client

Answer

Deciding whether to present a guilty plea

Answer

Withdrawing from representation due to the attorney's personal beliefs

Question 20

Which of the following factors does NOT impact the effectiveness of defense attorney representation?

Accepted Answer

The client's personal beliefs

Answer

The availability of resources for investigation and trial preparation

Answer

The strength of the prosecution's case

Answer

The attorney's experience and qualifications

Question 21

What is the role of professional organizations in promoting ethical conduct among defense attorneys?

Accepted Answer

Establishing ethical guidelines and providing guidance to members

Answer

Providing legal representation to individuals accused of unethical conduct

Answer

Investigating and prosecuting allegations of misconduct against defense attorneys

Answer

Lobbying for legislation that restricts the rights of defense attorneys

Question 22

Which ethical obligation requires defense attorneys to advocate relentlessly for their clients within the bounds of the law?

Accepted Answer

Zealous Representation

Answer

Ethical Advocacy

Answer

Competent Representation

Answer

Diligent Advocacy

Question 23

Why is maintaining client confidentiality crucial for defense attorneys?

Accepted Answer

It safeguards the client's constitutional rights and promotes trust

Answer

It protects the reputation of the defense attorney

Answer

It prevents evidence from being disclosed to the prosecution

Answer

It allows attorneys to discuss case details freely

Question 24

When faced with evidence strongly suggesting the client's guilt, a defense attorney should:

Accepted Answer

Continue to provide a vigorous defense within ethical boundaries

Answer

Report the information to the prosecution

Answer

Confront the client with the evidence

Answer

Immediately withdraw from the case

Question 25

Which form of communication between a defense attorney and an incarcerated client is appropriate and ethical?

Accepted Answer

In-person, attorney-client meetings

Answer

Email without encryption

Answer

Social media messages

Answer

Unsecured phone calls

Question 26

Which action by a defense attorney constitutes an ethical violation?

Accepted Answer

Knowingly presenting false evidence

Answer

Objecting to illegally obtained evidence

Answer

Vigorously cross-examining a prosecution witness

Answer

Filing a continuance motion for a legitimate reason

Question 27

True or False: Defense attorneys are ethically obligated to provide only adequate representation to their clients.

Accepted Answer

False

Answer

N/A

Answer

True

Answer

N/A

Question 28

When evaluating a potential conflict of interest, the primary concern is:

Accepted Answer

Whether the attorney's personal interests could impair their ability to represent the client effectively

Answer

The client's ability to pay for legal services

Answer

The previous experience of the attorney

Answer

The severity of the charges against the client

Question 29

Which of the following is a potential consequence for defense attorneys who violate ethical rules?

Accepted Answer

Disbarment or suspension of law license

Answer

Increased public recognition

Answer

Promotion to higher-level courts

Answer

Reduced legal fees

Question 30

The ethical responsibilities of defense attorneys are primarily based on:

Accepted Answer

Constitutional principles and professional codes of conduct

Answer

Public opinion

Answer

Legal statutes

Answer

Personal beliefs

Question 31

Which of the following is NOT an ethical obligation of a defense attorney?

Accepted Answer

To represent only clients who they personally believe are innocent

Answer

To provide zealous representation within the bounds of the law

Answer

To maintain client confidentiality

Question 32

What is the primary purpose of the attorney-client privilege?

Accepted Answer

To protect client communications and foster trust in the attorney-client relationship

Answer

To allow clients to lie to their attorneys without repercussions

Answer

To prevent attorneys from testifying against their clients in all cases

Question 33

What is the role of the defense attorney in the trial process?

Accepted Answer

To advocate for their client's interests within the bounds of the law

Answer

To determine their client's guilt or innocence

Answer

To represent the state's interests

Question 34

What is the primary ethical standard governing attorney conduct?

Accepted Answer

Rules of Professional Conduct

Answer

Common Law

Answer

American Bar Association Model Code of Ethics

Answer

Legal Ethics and Legal Malpractice

Question 35

What is the "sixth amendment right" in the context of defense attorney ethics?

Accepted Answer

The right to legal counsel

Answer

The right to bear arms

Answer

The right to remain silent

Answer

The right to a fair trial

Question 36

What is the importance of maintaining ethical standards in defense attorney practice?

Accepted Answer

To ensure fairness and integrity in the criminal justice system

Answer

To protect the reputation of the legal profession

Answer

To avoid malpractice lawsuits

Question 37

Which of the following is NOT a core ethical duty of defense attorneys in the United States?

Accepted Answer

Pursue personal gain at all costs.

Answer

Avoid conflicts of interest.

Answer

Provide zealous representation.

Answer

Maintain client confidentiality.

Question 38

The principle of 'zealous representation' requires defense attorneys to:

Accepted Answer

Advocate vigorously for their clients within the bounds of the law

Answer

Conceal information that could harm their clients

Answer

Ignore evidence that is harmful to their clients

Question 39

What is a primary purpose of client confidentiality?

Accepted Answer

To protect the attorney-client relationship and encourage open communication

Answer

To prevent the disclosure of embarrassing information

Answer

To avoid potential criminal prosecution for clients

Question 40

Upon learning that their client intends to commit perjury, defense attorneys have an ethical obligation to:

Accepted Answer

Inform the court and withdraw from the case

Answer

Ignore the information and continue representing the client

Answer

Confront the client and threaten to report them

Answer

Encourage the client to reconsider their actions

Question 41

What is considered an 'exorbitant fee' for a defense attorney?

Accepted Answer

A fee that is clearly excessive compared to the services provided

Answer

A fee that is set slightly higher than standard rates

Answer

A fee that is agreed upon between the attorney and the client

Question 42

What is the primary purpose of ethical rules governing attorney advertising?

Accepted Answer

To ensure that potential clients are informed about legal services available

Answer

To enhance the status and prestige of attorneys

Answer

To create a competitive advantage among attorneys

Question 43

Which of the following actions by a defense attorney is considered unethical?

Accepted Answer

Offering unsolicited legal advice to potential clients

Answer

Representing clients in court

Answer

Participating in pro bono work

Question 44

What is the primary role of the grievance committee in relation to attorney ethics?

Accepted Answer

To investigate complaints and impose sanctions for ethical violations

Answer

To provide legal advice to attorneys

Answer

To set ethical standards for the legal profession

Question 45

Which of the following is a potential consequence of unethical conduct by defense attorneys?

Accepted Answer

Disbarment or suspension from practice

Answer

Greater financial rewards

Answer

Increased respect from clients

Answer

Enhanced reputation within the legal community

Question 46

A defense attorney believes their client's mental competency is questionable. What is their ethical responsibility?

Accepted Answer

Request a competency hearing to ensure the client understands the legal proceedings.

Answer

Advise the client to plead guilty by reason of insanity.

Answer

Proceed with the case as usual, assuming the client is competent.

Question 47

Which action by a defense attorney would be considered a breach of client confidentiality?

Accepted Answer

Sharing details of the client's case with a friend who is a lawyer.

Answer

Arguing for the client's innocence based on available evidence.

Answer

Challenging the prosecution's case by cross-examining witnesses.

Question 48

A client asks their attorney to present false evidence in court. What is the ethical duty of the attorney in this situation?

Accepted Answer

Refuse to present the false evidence and advise the client of the consequences.

Answer

Attempt to persuade the judge to admit the evidence without disclosing its falsity.

Answer

Present the evidence as requested by the client.

Question 49

What is the primary purpose of the attorney-client privilege?

Accepted Answer

To encourage open communication between the client and attorney, fostering trust and effective representation.

Answer

To protect attorneys from being sued by their clients.

Question 50

Which of the following is NOT a core ethical duty of a defense attorney?

Accepted Answer

Ensuring the client receives the lightest possible sentence, regardless of guilt.

Answer

Providing competent and diligent representation to the client.

Answer

Maintaining confidentiality of client communications.

Question 51

What is the ethical implication of a defense attorney having a personal bias against the alleged crime their client is accused of?

Accepted Answer

The attorney should carefully consider if their personal bias could impair their ability to provide objective and effective representation.

Answer

The attorney has an ethical obligation to recuse themselves from the case immediately.

Question 52

What ethical principle is a defense attorney upholding by vigorously cross-examining a prosecution witness, even if it reveals inconsistencies that weaken their client's case?

Accepted Answer

Zealous representation.

Answer

Duty of candor to the court.

Answer

Conflict of interest avoidance.

Answer

Client confidentiality.