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Ontario Barrister practice questions

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Question 1Ontario Barrister Licensing Examination content (domains not enumerated in source)

Under Ontario's Rules of Professional Conduct, when must a lawyer disclose a conflict of interest to a client that arises after the retainer has begun?

  1. At the conclusion of the matter in the final account
  2. Only if the client asks whether a conflict exists
  3. Promptly upon becoming aware of the conflict, before continuing to act Correct answer.
  4. Only when the conflict becomes material to the outcome

Explanation

A lawyer must advise the client promptly upon discovering a conflict of interest that arises during the retainer, and must not continue to act without the client's informed consent where consent can cure the conflict. Delay deprives the client of the chance to decide whether to continue the relationship.

Question 2Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer holds client funds in trust and discovers the funds are needed to pay the lawyer's own outstanding invoice from the same client. What must the lawyer do?

  1. Transfer the amount to the general account as permitted by the retainer and billing Correct answer.
  2. Use the funds to cover another client's shortfall temporarily
  3. Wait until year-end to reconcile all trust accounts
  4. Apply the trust funds immediately without any notice to the client

Explanation

Trust funds may be withdrawn only when there is a proper basis, such as a delivered account or written authorization, and the transfer must be recorded and permitted by the by-laws. Withdrawing without a proper basis is misappropriation.

Question 3Ontario Barrister Licensing Examination content (domains not enumerated in source)

Which statement best describes a lawyer's obligation when withdrawing from representation before the matter is complete?

  1. The lawyer must give reasonable notice and take steps to avoid prejudice to the client Correct answer.
  2. The lawyer may withdraw at any time without explanation or notice
  3. The lawyer must refund all fees regardless of work performed
  4. The lawyer must obtain leave of the court in every matter

Explanation

A lawyer who withdraws must do so on reasonable notice and must take care to protect the client's interests, including facilitating the transition to new counsel. Abrupt withdrawal that prejudices the client breaches the Rules.

Question 4Ontario Barrister Licensing Examination content (domains not enumerated in source)

A client tells a lawyer about a plan to commit a serious violent offence. Under Ontario's rules, what may the lawyer do?

  1. Disclose all client information freely without restriction
  2. Report the client to the media to deter the conduct
  3. Take no step and warn no one under any circumstance
  4. Disclose information to the extent reasonably necessary to prevent the offence Correct answer.

Explanation

Confidentiality yields to the extent reasonably necessary to prevent death or serious bodily harm, and the lawyer may disclose limited information to those able to prevent it. The discretion is narrow and proportionate.

Question 5Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is approached by a prospective client who shares confidential details, but the lawyer declines the retainer. The same lawyer is later retained by the opposing party. What principle governs?

  1. A duty of confidentiality may arise from the consultation and can disqualify the lawyer Correct answer.
  2. No duty arises because no retainer was signed
  3. Confidentiality attaches only after a fee is paid
  4. The prospective client's information may be used freely

Explanation

Duties of confidentiality can arise before a formal retainer when a prospective client shares information in confidence, and the lawyer may be disqualified from acting against that person. The protective purpose is to encourage candid preliminary consultations.

Question 6Ontario Barrister Licensing Examination content (domains not enumerated in source)

Which is required for a lawyer to act in a matter where a former client's confidential information could be used against them?

  1. Approval by the law society in every case
  2. A written waiver from the new client alone
  3. Informed consent from the former client, or proof no confidential information is relevant Correct answer.
  4. Nothing, because former clients lose all protection

Explanation

A lawyer may not act against a former client where confidential information from the former retainer is relevant unless the former client gives informed consent or the lawyer establishes no real risk of misuse. The test protects the integrity of the prior relationship.

Question 7Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked to sign a document certifying that they have explained the matter to the client when they have not. What is the appropriate response?

  1. Sign because the client will likely understand later
  2. Decline to sign until the explanation has actually been given Correct answer.
  3. Ask the client to sign on the lawyer's behalf
  4. Sign and note the discrepancy in a private file

Explanation

A lawyer must not sign a certificate or document attesting to a step that has not occurred; doing so is misleading. The lawyer should complete the required explanation before certifying it.

Question 8Ontario Barrister Licensing Examination content (domains not enumerated in source)

In a civil matter, a lawyer learns of a clearly relevant document that harms the client's case. What is the lawyer's obligation regarding disclosure?

  1. Conceal the document to protect the client
  2. Disclose only if the opposing party requests it
  3. Destroy the document to prevent its use
  4. Disclose the document as required by the applicable rules of civil procedure Correct answer.

Explanation

Litigants must produce relevant documents under the rules of civil procedure, and counsel must not suppress relevant evidence. Concealment or destruction obstructs justice and breaches professional duties.

Question 9Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer sends a settlement offer directly to a party known to be represented by counsel. What is the primary professional concern?

  1. The offer was not in writing
  2. The offer was sent by email
  3. Communicating with a represented party without that party's counsel's consent Correct answer.
  4. The offer was too low

Explanation

A lawyer must not communicate about the matter with a person known to be represented by another lawyer without that lawyer's consent. Directing the offer to the represented party undermines the opposing counsel relationship.

Question 10Ontario Barrister Licensing Examination content (domains not enumerated in source)

Which statement accurately describes a lawyer's duty when acting as an advocate before a tribunal?

  1. Present the client's case resolutely while disclosing adverse authorities required by law Correct answer.
  2. Refuse to correct any misstatement made by a witness
  3. Present only facts favourable to the client regardless of truth
  4. Withhold adverse authorities unless the tribunal asks

Explanation

An advocate must present the client's case firmly but must not mislead the tribunal and must disclose adverse authorities where required. Zealous advocacy operates within duties of candour.

Question 11Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer discovers that a witness intends to give evidence the lawyer knows to be false. What should the lawyer do?

  1. Call the witness and rely on cross-examination to reveal the truth
  2. Refuse to call the witness on that evidence and address the matter with the client Correct answer.
  3. Present the evidence and remain silent
  4. Advise the witness to alter the testimony slightly

Explanation

A lawyer must not knowingly present false evidence and should counsel the client against it; if the client insists, the lawyer may need to withdraw. Suborning or facilitating perjury is prohibited.

Question 12Ontario Barrister Licensing Examination content (domains not enumerated in source)

What is the primary purpose of the Law Society of Ontario's by-laws governing lawyer advertising?

  1. To require all advertising be approved by a court
  2. To prohibit all advertising by lawyers
  3. To maximize lawyers' revenue from advertising
  4. To ensure marketing is accurate and not misleading to the public Correct answer.

Explanation

Advertising rules focus on truthfulness and preventing misleading claims so the public can make informed choices. They permit advertising but regulate its content and manner.

Question 13Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is offered a referral fee by a non-lawyer for sending a client. What is the correct position under Ontario's rules?

  1. Referral fees are permitted if paid in cash
  2. Paying or receiving fees to non-lawyers for referrals is generally prohibited Correct answer.
  3. Referral fees to non-lawyers are permitted if disclosed
  4. Referral fees are permitted only for criminal matters

Explanation

Fee-sharing and referral payments involving non-lawyers are generally prohibited to preserve professional independence. Certain limited exceptions exist but do not include routine referral payments.

Question 14Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer's client proposes to pay the lawyer a contingency fee in a family law matter. What is the appropriate advice?

  1. Contingency fees are permitted only if the client is wealthy
  2. Contingency fees are always permitted in family law
  3. Contingency fees are generally not permitted in family law matters in Ontario Correct answer.
  4. Contingency fees are permitted only for appeals

Explanation

Ontario's rules restrict contingency fees in family law proceedings because of public policy concerns about encouraging or discouraging marital breakdown litigation. A lawyer should decline such an arrangement.

Question 15Ontario Barrister Licensing Examination content (domains not enumerated in source)

What must a lawyer do upon receiving money from a client for future services?

  1. Spend it immediately on office expenses
  2. Hold it in a personal account
  3. Deposit it into a trust account and account for it properly Correct answer.
  4. Deposit it directly into the general account

Explanation

Client funds held for future services are trust funds and must be deposited into a designated trust account and recorded in accordance with the by-laws. Commingling with general or personal funds is prohibited.

Question 16Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked to act for two co-accused whose defences are directly adverse. What is the governing principle?

  1. The lawyer may act for both because co-accused share interests
  2. The lawyer may not act for both where there is a genuine risk of conflicting defences Correct answer.
  3. The lawyer may act for both if they sign a joint retainer
  4. The lawyer may act for both if the Crown consents

Explanation

A lawyer cannot represent clients with directly adverse interests, and joint representation of co-accused is improper where defences conflict. Consent cannot cure a genuine and unwaivable conflict of this kind.

Question 17Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer acting for a corporation is asked by a director to keep certain information from the board. What should the lawyer consider?

  1. The lawyer's duty runs to the organization and may require reporting to appropriate corporate officers Correct answer.
  2. The lawyer should resign immediately in all cases
  3. The lawyer owes duties only to the requesting director
  4. The lawyer must follow the director's instruction without question

Explanation

When a lawyer acts for an organization, the client is the entity, and the lawyer must act in its best interests, which may require escalating concerns to senior officers or the board. Blind obedience to one director can harm the entity.

Question 18Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer who suspects that another lawyer has misappropriated client funds should do what first?

  1. Report the matter to the Law Society of Ontario Correct answer.
  2. Ignore it to preserve collegiality
  3. Confront the other lawyer publicly
  4. Inform the media

Explanation

Lawyers have a duty to report serious misconduct, including misappropriation of trust funds, to the Law Society. Self-regulation depends on timely reporting of serious breaches.

Question 19Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked to provide a legal opinion to a client based on facts the lawyer has not verified. What is the appropriate approach?

  1. Provide the opinion without any qualifications
  2. Refuse to provide any opinion
  3. Present the assumptions as established facts
  4. State the assumptions clearly and qualify the opinion accordingly Correct answer.

Explanation

Legal opinions should identify the factual assumptions on which they rest so the client understands the limits of the advice. Presenting unverified assumptions as facts misleads the client.

Question 20Ontario Barrister Licensing Examination content (domains not enumerated in source)

What is the standard of competence expected of an Ontario lawyer handling a matter in an unfamiliar area of law?

  1. The lawyer must acquire the necessary competence or associate with or refer to a competent lawyer Correct answer.
  2. The lawyer may proceed and learn entirely from the client
  3. The lawyer may proceed if the client consents to lesser competence
  4. The lawyer may proceed because competence is presumed

Explanation

A lawyer must be competent, and where a matter falls outside their competence they must become competent, consult, or refer. Client consent cannot lower the required standard of competence.

Question 21Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer receives a communication that appears to be intended for the opposing lawyer by mistake. What is the proper course?

  1. Share the communication with the client immediately
  2. Notify the sender of the error and refrain from using the information until the issue is resolved Correct answer.
  3. Destroy the communication without notice
  4. Use the information to gain a tactical advantage

Explanation

A lawyer who receives an inadvertently sent communication should promptly notify the sender and avoid reviewing or using the content until the matter is resolved. Exploiting an obvious mistake undermines fairness.

Question 22Ontario Barrister Licensing Examination content (domains not enumerated in source)

Which best describes the lawyer's duty regarding property held for a client, such as original documents?

  1. The lawyer must safeguard the property and account for it on request Correct answer.
  2. The lawyer may dispose of it at will
  3. The lawyer may transfer it to a third party without instruction
  4. The lawyer may retain it indefinitely to secure unpaid fees in all cases

Explanation

Lawyers must safeguard client property and return it when requested, subject to limited rights of retention recognized by law. Disposing of it or using it as leverage beyond permitted retention is improper.

Question 23Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked to act in a matter where the lawyer has a personal financial interest adverse to the client. What must occur?

  1. The lawyer may proceed because personal interests are private
  2. No disclosure is needed if the lawyer is experienced
  3. Full disclosure and informed consent, and the lawyer must not exploit the relationship Correct answer.
  4. The client must discover the interest independently

Explanation

Where a lawyer's personal interest conflicts with the client's, the lawyer must disclose fully and obtain informed consent, and must not take advantage of the client. The fiduciary relationship demands utmost good faith.

Question 24Ontario Barrister Licensing Examination content (domains not enumerated in source)

What does the duty of confidentiality require regarding a client's information after the retainer ends?

  1. Confidentiality continues indefinitely after the retainer ends Correct answer.
  2. Confidentiality ends after seven years
  3. Confidentiality ends when the retainer ends
  4. Confidentiality applies only during litigation

Explanation

The duty of confidentiality survives the termination of the retainer and continues without a fixed time limit. Former clients remain entitled to protection of their information.

Question 25Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked to draft a will for a client who is a close friend and also names the lawyer as a beneficiary. What is the appropriate course?

  1. Advise the client to obtain independent legal advice and consider declining the benefit Correct answer.
  2. Proceed without comment because the client chose the lawyer
  3. Draft the will and keep the benefit confidential
  4. Ask the client to waive all formalities

Explanation

A lawyer who takes a benefit under a client's will creates a conflict and a risk of undue influence, so independent legal advice is essential and the lawyer should generally decline the gift. The fiduciary relationship raises a presumption against such benefits.

Question 26Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is retained by a client to negotiate a commercial lease. Midway through the retainer, the client asks the lawyer to also represent the client's business partner in an unrelated dispute. Which principle governs whether the lawyer may accept the second matter?

  1. The lawyer may act for both parties if each provides written consent after receiving independent legal advice.
  2. The lawyer must decline all new retainers for the remainder of the existing retainer.
  3. A conflict exists when the lawyer's duty to one client is adverse to or inconsistent with the duty owed to another client. Correct answer.
  4. A conflict of interest may arise only if the two clients are parties to the same litigation.

Explanation

A lawyer may not act where there is a conflict of interest, meaning a substantial risk that the lawyer's duty to one client will be materially and adversely affected by the duty owed to another client. Concurrent representation of clients with directly adverse interests is generally prohibited, and consent alone may not cure certain conflicts.

Question 27Ontario Barrister Licensing Examination content (domains not enumerated in source)

A client tells the lawyer in confidence that the client intends to commit a fraud on a third party. The lawyer knows the third party will suffer serious financial loss. Under Ontario's rules of professional conduct, what may the lawyer do?

  1. Report the client to the Law Society immediately as a mandatory first step.
  2. Disclose the information only to the extent necessary to prevent the fraud and its serious harm. Correct answer.
  3. Maintain confidentiality absolutely, since a lawyer may never reveal a client's stated intention.
  4. Disclose the information freely to anyone who may be affected by the fraud.

Explanation

Confidentiality is not absolute. A lawyer may disclose confidential information to prevent a serious crime, but the disclosure must be limited to what is reasonably necessary to prevent the harm; broader disclosure is not permitted.

Question 28Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is preparing to interview a witness who is also represented by counsel in the same matter. What is the appropriate course of action for the lawyer?

  1. Ask the court to authorize the interview before any contact occurs.
  2. Obtain the consent of the witness's counsel before communicating with the witness about the matter. Correct answer.
  3. Contact the witness directly, since witnesses are not clients of the opposing lawyer.
  4. Refuse to speak with the witness under any circumstances.

Explanation

A lawyer must not communicate with a person known to be represented by another lawyer about the matter unless the other lawyer consents. This rule protects the integrity of the solicitor-client relationship of the represented person.

Question 29Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer has completed a matter and holds the client's original share certificates. The client asks for their return. What is the lawyer's obligation?

  1. Return the property promptly, subject only to any lawful lien the lawyer may properly assert. Correct answer.
  2. Retain the certificates until the client pays any outstanding fees, regardless of the fee agreement.
  3. Keep the certificates indefinitely as part of the lawyer's file.
  4. Transfer the certificates to the Law Society for safekeeping.

Explanation

A lawyer must account for and deliver client property on request. A lawyer may retain property only to the extent of a lawful lien for unpaid fees, and must otherwise return it promptly.

Question 30Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer acting as a mediator for two parties later agrees to act as advocate for one of them in the same dispute. What is the primary professional concern?

  1. The lawyer may proceed because mediation is not a legal service.
  2. The lawyer may proceed if the mediator role was informal.
  3. The lawyer may proceed if the other party does not object.
  4. The lawyer may not act as advocate for a former mediation client against the other party in the same matter. Correct answer.

Explanation

A lawyer who has acted as a neutral third party, such as a mediator, must not later act as advocate for one of the parties in the same matter. The former neutral role creates a conflict that cannot be waived by the other party.

Question 31Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked by a client to backdate a letter to make it appear that a limitation period was missed through the opposing party's fault. What should the lawyer do?

  1. Refuse to backdate the letter, because it would involve dishonesty and misleading conduct. Correct answer.
  2. Backdate the letter if the client provides written instructions.
  3. Backdate the letter only if the lawyer believes the underlying claim is just.
  4. Backdate the letter and note the client's instruction in the file.

Explanation

A lawyer must act with honesty and candour and must not participate in creating false or misleading documents. Client instructions cannot justify conduct that involves dishonesty or deception.

Question 32Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer's client asks how the lawyer's fees will be calculated in a personal injury matter. The lawyer proposes a contingency arrangement. What must the lawyer ensure before the client agrees?

  1. The lawyer must obtain court approval of the contingency fee in every matter.
  2. The lawyer must disclose the contingency arrangement in writing and explain how the fee is calculated. Correct answer.
  3. The lawyer must set the fee at a fixed percentage prescribed by the Law Society.
  4. The lawyer must charge the client the same fee as would be charged on an hourly basis.

Explanation

Fee arrangements, including contingency fees, must be fair and reasonable and must be disclosed clearly to the client in writing, including how the fee will be calculated. There is no single prescribed percentage.

Question 33Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked to write to an opposing party who has no lawyer, stating that the party must respond within a deadline that is shorter than the time the law allows. What is the lawyer's professional obligation?

  1. The lawyer may state the shorter deadline if the client approves.
  2. The lawyer must refuse to communicate with unrepresented parties at all.
  3. The lawyer must be accurate and must not misstate the law or the party's legal position. Correct answer.
  4. The lawyer may state the shorter deadline because it is only a negotiating tactic.

Explanation

A lawyer must not knowingly misstate the law or the legal position of a party, and must be accurate when communicating with unrepresented persons. Negotiating tactics do not excuse misleading statements about legal deadlines.

Question 34Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is served with a notice of application in a matter in which the lawyer's own financial interest is directly at stake. What is the appropriate course?

  1. Decline the retainer because a lawyer must not act where the lawyer's own interest conflicts with the client's. Correct answer.
  2. Act on the matter and disclose the interest only at the hearing.
  3. Act on the matter because the lawyer's interest is personal, not professional.
  4. Act on the matter but charge a reduced fee to offset the conflict.

Explanation

A lawyer must not act where the lawyer's own interest creates a conflict with the client's interest. Where the lawyer's personal financial interest is directly at stake, the lawyer cannot provide independent representation.

Question 35Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked to act for a new client whose matter is substantially related to a matter in which the lawyer's former client was represented by the lawyer. What must the lawyer consider?

  1. Whether the new matter is in a different court.
  2. Whether the lawyer's knowledge of the former client's confidential information could be used to the former client's disadvantage. Correct answer.
  3. Whether the former client has since retained new counsel.
  4. Whether the lawyer's fees in the new matter exceed those in the old matter.

Explanation

A lawyer must not act against a former client where the lawyer possesses confidential information from the former retainer that could be used to the former client's disadvantage. The focus is on the risk of misuse of confidential information.

Question 36Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer receives a settlement cheque payable to the client and the lawyer jointly. What must the lawyer do with the funds?

  1. Endorse the cheque and give the cash directly to the client without recording it.
  2. Deposit the cheque into the lawyer's general operating account.
  3. Deposit the funds into a trust account and disburse them in accordance with the client's instructions. Correct answer.
  4. Hold the cheque until the client pays the lawyer's fees in full.

Explanation

Money received on behalf of a client must be deposited into a trust account and dealt with in accordance with the client's instructions. Trust funds must be kept separate from the lawyer's own funds.

Question 37Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked to act on a matter that requires expertise in tax law, an area in which the lawyer has no experience. What is the appropriate response?

  1. Accept the matter and learn tax law as the matter proceeds.
  2. Decline the matter or associate with or refer the client to a lawyer competent in tax law. Correct answer.
  3. Accept the matter but disclaim any responsibility for tax advice.
  4. Accept the matter only if the client agrees not to sue for errors.

Explanation

A lawyer must be competent to handle the matter or must take steps to become competent, such as associating with a competent lawyer or referring the matter. Accepting a matter without the necessary competence and without a plan to acquire it is improper.

Question 38Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked to represent a client in a matter in which the lawyer's spouse is a material witness for the opposing side. What is the appropriate course?

  1. Decline the retainer because the lawyer's personal relationship creates a conflict. Correct answer.
  2. Act on the matter if the client consents after disclosure.
  3. Act on the matter and call the spouse as a witness.
  4. Act on the matter and avoid calling the spouse.

Explanation

A lawyer must not act where a personal relationship, including a close family relationship with a material witness, creates a conflict of interest. The lawyer's independence and judgment could be compromised.

Question 39Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked by a client to prepare an affidavit that the lawyer knows contains a statement the client has admitted is untrue. What should the lawyer do?

  1. Prepare the affidavit but omit the untrue statement without telling the client.
  2. Prepare the affidavit and disclose the untruth to the court after filing.
  3. Prepare the affidavit and let the client take responsibility for its contents.
  4. Refuse to prepare or file the affidavit containing the untrue statement. Correct answer.

Explanation

A lawyer must not knowingly assist in presenting false evidence or misleading the court. Preparing an affidavit known to contain an untrue statement would compromise the lawyer's duty of candour to the tribunal.

Question 40Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer who is also a part-time judge in a small community is asked to act as advocate in a matter before a court where the lawyer occasionally presides. What is the main concern?

  1. The lawyer must avoid acting in a way that creates a conflict or appearance of impropriety between the two roles. Correct answer.
  2. The lawyer may act because judicial and legal roles are entirely separate.
  3. The lawyer may act if the client consents.
  4. The lawyer may act if the matter is unrelated to the lawyer's judicial duties.

Explanation

A lawyer holding a judicial or quasi-judicial role must avoid conflicts and the appearance of impropriety arising from the dual role. The lawyer must ensure that the two roles do not compromise independence or public confidence.

Question 41Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked to provide a reference for a former client to a lender. The lawyer knows the client has a history of defaulting on loans. What is the appropriate approach?

  1. Provide the reference but omit the default history.
  2. Decline to provide the reference or provide only an honest and accurate one. Correct answer.
  3. Provide a positive reference because the client requested it.
  4. Provide the reference and disclose the client's confidential information to the lender.

Explanation

A lawyer must be honest and must not mislead third parties. Providing a misleading reference would be dishonest, while disclosing confidential information without consent would breach confidentiality; the lawyer should decline or give an honest, limited reference.

Question 42Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked to sign a certificate confirming that the lawyer has reviewed a document with the client when the lawyer has not done so. What should the lawyer do?

  1. Sign the certificate and note the discrepancy in the file.
  2. Sign the certificate if the client confirms the review occurred.
  3. Refuse to sign the certificate unless the review actually occurs. Correct answer.
  4. Sign the certificate and review the document later.

Explanation

A lawyer must not sign a certificate or document that the lawyer knows to be inaccurate. Certifying a review that did not occur would be misleading and dishonest.

Question 43Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer discovers that a colleague in the same firm is acting for a client whose interests are adverse to a client of the firm in a related matter. What is the appropriate approach?

  1. The firm may continue if the two clients are not aware of each other.
  2. The firm must treat the conflict as applying to the firm and address it before continuing. Correct answer.
  3. The firm may continue because the conflict belongs only to the individual colleague.
  4. The firm may continue if the matters are in different practice areas.

Explanation

Conflicts of interest are generally imputed to the entire firm. If one lawyer in a firm has a disqualifying conflict, the firm must address it, subject to the limited screening arrangements the rules permit.

Question 44Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is retained to defend a client in a criminal matter. The client insists on testifying to a version of events the lawyer knows to be false. What should the lawyer do?

  1. Call the client to testify and examine the client in the normal way.
  2. Withdraw from the retainer without any further steps.
  3. Seek to withdraw if the client insists, without disclosing the client's confidences to the court. Correct answer.
  4. Refuse to call the client and disclose the falsehood to the court.

Explanation

A lawyer must not knowingly present false evidence. If the client insists on testifying falsely, the lawyer should seek to withdraw without disclosing confidential information to the court.

Question 45Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked to act for a client in a matter that the lawyer believes is frivolous. What is the appropriate course?

  1. Act on the matter, but advise the client candidly about the merits and avoid advancing claims without a basis. Correct answer.
  2. Act on the matter and advance every argument the client wishes, including those without merit.
  3. Act on the matter and conceal the weaknesses from the client.
  4. Refuse to act solely because the lawyer believes the claim is weak.

Explanation

A lawyer has a duty to provide candid advice about the merits and must not advance a claim or defence without a proper basis. The lawyer need not refuse a weak case but must advise honestly and act responsibly.

Question 46Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked to act for a client in a matter where the lawyer's former firm acted for the opposing party. What is the key question in determining whether the lawyer may act?

  1. Whether the lawyer's new firm charges higher fees.
  2. Whether the opposing party has since changed counsel.
  3. Whether the lawyer personally received confidential information from the opposing party while at the former firm. Correct answer.
  4. Whether the lawyer's former firm still exists.

Explanation

The key question is whether the lawyer personally possesses confidential information from the former firm's representation that could be used against the former client. If so, the lawyer may be disqualified.

Question 47Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked by a client to prepare a legal opinion that will be relied upon by a third party. What is the lawyer's obligation regarding the third party?

  1. The lawyer must obtain the third party's consent before issuing the opinion.
  2. The lawyer must disclose all of the client's confidential information to the third party.
  3. The lawyer must be honest and accurate and must not mislead the third party. Correct answer.
  4. The lawyer owes no duty to the third party and may state any conclusion the client prefers.

Explanation

A lawyer must not mislead third parties and has a duty of honesty and accuracy. At the same time, the lawyer must protect the client's confidential information and cannot disclose it without consent.

Question 48Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is offered a gift from a client in appreciation of services. What is the appropriate approach?

  1. Accept the gift only if it is modest and does not compromise the lawyer's independence. Correct answer.
  2. Accept the gift without restriction because it is voluntary.
  3. Accept the gift and adjust the fee accordingly.
  4. Refuse all gifts from clients as a matter of professional conduct.

Explanation

A lawyer must avoid arrangements that compromise independence or create a conflict. Modest gifts that do not affect independence are generally permissible, while gifts that could influence the lawyer's judgment are not.

Question 49Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked to act for a client in a matter where the lawyer has previously provided advice to the opposing party on the same issue. What is the appropriate course?

  1. Act on the matter and disclose the prior advice only to the client.
  2. Decline the retainer because the prior advice creates a conflict of interest. Correct answer.
  3. Act on the matter if the opposing party does not object.
  4. Act on the matter because the earlier advice was brief.

Explanation

A lawyer who has previously advised the opposing party on the same issue has a conflict of interest and should not act against that former client. The lawyer's duty of loyalty to the former client continues.

Question 50Ontario Barrister Licensing Examination content (domains not enumerated in source)

A lawyer is asked to act for a client who proposes to pay the lawyer a bonus contingent on the outcome of the matter, in addition to an hourly fee. What must the lawyer consider?

  1. Whether the bonus is approved by the court before payment.
  2. Whether the bonus exceeds the hourly fee.
  3. Whether the bonus is paid in cash rather than by cheque.
  4. Whether the bonus arrangement is fair and reasonable and disclosed to the client in writing. Correct answer.

Explanation

Fee arrangements must be fair and reasonable and must be disclosed to the client. A bonus contingent on outcome must be assessed for fairness and transparency, and set out clearly in the retainer.