FBBE Florida Professional Responsibility Questions and Answers

Question 1

An attorney represents a client in a complex civil litigation matter.
During a deposition, the client knowingly makes a false statement about a material fact.
The attorney realizes the statement is false immediately after the client makes it, as it contradicts documents the client previously provided.
What is the attorney's primary duty under the Florida Rules of Professional Conduct?

Accepted Answer

To take reasonable remedial measures, which includes first urging the client to correct the false statement.

Answer

To immediately inform the opposing counsel and the court reporter that the client has committed perjury.

Answer

To protect client confidentiality above all else and address the matter privately with the client after the deposition concludes.

Answer

To immediately withdraw from the representation without disclosing the reason to the court or opposing counsel.

Question 2

A Florida attorney wants to send a direct mail solicitation letter to a potential client who was recently involved in a widely publicized car accident. According to the Florida Bar rules governing attorney advertising and solicitation, which of the following actions is permissible?

Accepted Answer

Sending a written communication marked "ADVERTISEMENT" in a conspicuous place on the envelope and letter 31 days after the accident.

Answer

Sending the letter 15 days after the accident occurred.

Answer

Having a paralegal call the potential client 35 days after the accident to follow up on the letter.

Answer

Sending an email with the subject line "Urgent Legal Matter" 31 days after the accident.

Question 3

An attorney in Florida maintains a pooled Interest on Trust Accounts (IOTA) account for holding client funds that are nominal in amount or expected to be held for a short period. Which of the following statements about the IOTA account is correct?

Accepted Answer

The attorney may keep a reasonable amount of their own funds in the IOTA account to cover bank service charges.

Answer

Participation in the IOTA program is voluntary for attorneys.

Answer

The interest generated on the IOTA account is paid directly to the clients whose funds are held in the account.

Answer

The attorney must obtain written consent from each client before placing their nominal funds into a pooled IOTA account.

Question 4

A lawyer represented a real estate development company for two years, advising them on zoning regulations for a large commercial project. The representation ended amicably. One year later, a homeowners' association (HOA) asks the same lawyer to represent them in a lawsuit against the development company, alleging that the company's construction methods on that same project violated local ordinances and created a nuisance. What is the lawyer's ethical obligation?

Accepted Answer

The lawyer may only accept the representation of the HOA if the development company gives informed consent, confirmed in writing.

Answer

The lawyer may accept the representation of the HOA without consulting the former client because the prior work was transactional (zoning) and the new matter is litigation (nuisance).

Answer

The lawyer must decline the representation because a lawyer may never represent a new client against a former client.

Answer

The lawyer may accept the representation of the HOA as long as one full year has passed since the prior representation ended.

Question 5

Which of the following is a mandatory requirement for a contingency fee agreement in a Florida personal injury case?

Accepted Answer

The agreement must be in writing and signed by the client and the attorney.

Answer

The agreement must be verbally explained to the client in the presence of a witness.

Answer

It must include a provision for mandatory arbitration of fee disputes.

Answer

The attorney's fee must be set at a flat 40% of the gross recovery.

Question 6

A Florida attorney's television advertisement features a dramatic reenactment of a car accident followed by a former client stating, 'This law firm is the absolute best in Florida and got me a huge settlement!' The advertisement does not include the law firm's physical address. Which aspect of this advertisement most clearly violates Florida's advertising rules?

Accepted Answer

Claiming to be the 'best' and failing to include a bona fide office location.

Answer

The failure to state that results are not guaranteed for every case.

Answer

Using a former client to provide a testimonial.

Answer

Featuring a reenactment of an accident.