Multiple Choice Test

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University of Melbourne *

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ETHICS

Subject

Law

Date

Feb 20, 2024

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docx

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3

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Can HHL act for more than one tenderer? No, the interests of each bidder are adverse. It would not be possible to discharge HHL’s duty of undivided loyalty to each. What advice should Harry give? Which of the following answers best describes the response you should provide? Select one answer only. Council could advise LBC Partners that in the circumstances Council was removing LBC Partners from its panel. What is the likely outcome of such an application? It is unlikely the court will consider LBC Partners to have a conflict of duties. Are there any risks associated with Xu continuing to act in the proceedings against Bendigo Council? Yes, the proceedings do not appear to have reasonable prospects of success and so Xu may become personally liable to pay at least part of Bendigo Council’s costs of defending the proceedings if those proceedings fail. Has there been a contravention of any law practice obligation imposed by the Legal Profession Uniform Law (Vic) and what might the consequences be for Xu as a partner of HHL, of such contravention? Two of these answers are correct. Are the resolutions of the partners adequate and proper? No. The partners should also resolve to inform the Legal Services Board of Victoria that there is or has been an irregularity in the trust ledger account of the purchaser. In these circumstances, does Ms Kenny have any professional obligation to pay Dr Greenstreet’s account? Yes, Ms Kenny is ethically bound to pay Dr Greenstreet’s account. Do any professional responsibility issues arise for Ms Kenny in these circumstances? Ms Kenny has breached her professional obligations by borrowing from a current client or a former client who is still relying on the solicitor’s advice concerning investment of money. Should Ms Kenny appear for Dr Lang on the defended hearing? No, because of the possibility of a perceived conflict between the duty to the court and the duty to the client. Is Ms Kenny obliged to inform the court of Dr Lang’s prior conviction?
No, Ms Kenny does not mislead the court simply by failing to correct the prosecutor’s error but she should take care when presenting the plea not to say anything that suggests Dr Lang has no prior conviction. Does the Commissioner have jurisdiction to deal with Mrs Rigby’s complaint? None of the answers listed. Assuming the Commissioner has jurisdiction, how should Mr Jacobs’ conduct be categorised? Two of these answers are correct. Which alternative below best describes the requirements for disclosure assuming none of the parties are commercial or government clients?  Select one answer only. Part 4.3 of the Legal Profession Uniform Law (Vic) will require Hannafords to make costs disclosure to Brick Road but that disclosure may be made by providing to it the uniform standard disclosure form prescribed by the Legal Profession Uniform General Rules. Which alternative below best describes what Ms. Chen should do with the cash?  Select one answer only. She should issue an office account receipt and deposit the cash in her office account. Which alternative below best describes what Ms Chen should do with the cheque?  Select one answer only. She should deliver it to Hannafords on settlement of the lease transaction. Should Tom include these words on the bill he is preparing to send to Smith? No, it is not really necessary, as Ms Chen must also sign the bill and the letter accompanying the bill. Which alternative below best describes the book-keeping steps, other procedures and account balances involved in Ms Chen recording the paying of her bill of costs from trust?  Select one answer only. She should draw a trust cheque for $5000 payable to the office account; make an entry in the trust cashbook in this amount; debit Smith’s trust ledger account in this amount; deposit the trust cheque to her office account; make an entry in the office cashbook in the amount of $5000; credit Smith’s office ledger in this amount, resulting in a nil balance in the Smith trust and office ledgers. Which of the following receipts is John required to deposit into Ms Chen’s general trust account maintained with Westpac Banking Corporation? A cheque for $120,000 payable to Ms Chen being payment of costs and disbursements received from the client Centreline Limited. The disbursements include Jon Polger’s barristers fee of $22,000 that have not yet been paid. Which alternative below best describes the steps to be taken to provide Ms Chen with sole control over the funds and to accrue interest?
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