TASK DEFINITION: In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: purposes of nonclient standing] is a question of fact."). Neither party argues that Mark and Marie share some type of legally recognizable confidential relationship, and Marie offered no evidence to the district court that Mark acquired any privileged, confidential information from Marie. In Brown, this court concluded that "disqualification is not warranted absent proof of a reasonable probability that counsel actually acquired privileged, confidential information." 116 Nev. at 1202, 14 P.3d at 1267 (emphasis added). Similarly, in the context of familial relationships, other courts have declined to disqualify counsel absent proof that counsel actually acquired confidential information from a family member. See, e.g., Addam v. Superior Court, 10 Cal. Rptr. 3d 39, 42 (Ct. App. 2004) (<HOLDING>); DCH Health Services, 115 Cal. Rptr. 2d at
Holding statements: (A) holding in a marital dissolution action that a sibling relationship between a husbands attorney and a wifes former physician was insufficient to disqualify the attorney and explaining that the attorneys brother presumably possesses confidential information relating to the wife but there is no evidence that he disclosed any such information to his sister (B) holding that presumption of access to and knowledge of confidential information between attorney and former client notwithstanding attorneys declarations to the contrary may not be rebutted (C) holding that in order to determine whether disqualification of plaintiffs attorney is appropriate because of a previous attorneyclient relationship he had with the defendant the court must determine whether confidential information was passed from client to attorney (D) holding that a wife is not liable simply by virtue of the marital relationship for her husbands fraudulent acts (E) holding that a corporate insider must abstain from trading in shares of his own corporation unless he has first disclosed the material information known to him not because of the relationship between the buyer and seller but because of the relationship of trust and confidence between the shareholders and the insider who obtained the confidential information by reason of his position with that corporation that relationship gives rise to a duty to disclose because of the need to prevent the insider from taking unfair advantage of the uninformed minority stockholders

SOLUTION: (A)

PROBLEM: ... clearly does not rise to the level of constitutional error when the failure was correct as a matter of state law." 593 F.2d at 267. He noted also that "the highest court of Kentucky expressly held that the state trial court did not err in refusing to give the requested lesser included offense instruction." I do not find any error in this conclusion. Shortly after this court decided Pilon, however, the Supreme Court invalidated on due process grounds an Alabama law which forbade the jury to consider a verdict of guilt of a lesser included offense in a capital case when the evidence would have supported such a verdict. Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980). See also Hopper v. Evans, 456 U.S. 605, 611, 102 S.Ct. 2049, 2052, 72 L.Ed.2d 367 (1982) (<HOLDING>). Beck was concerned with imposition of the
Holding statements: (A) holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction (B) holding that beck requires that a lesser included offense instruction be given when the evidence warrants such an instruction as a matter of due process in a capital case (C) holding that due process does not require a lesser included offense instruction of manslaughter where not requested (D) holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given (E) holding that a lesser included offense instruction might be constitutionally required in capital cases because of their unique nature

SOLUTION: (B)

PROBLEM: in Bowman were appointed by the court to make educational decisions for children who were wards of the district, so that the advocates effectively acted as "parents" under the IDEA. See id. Accordingly, even though they were licensed attorneys, they could not recover fees as educational advocates because they were not acting in an attorney-client capacity. See id. Pressley distinguishes from this scenario because she was employed by the Chris Anwah Law Firm, instead of being appointed by the court as an advocate. See Adewusi Deck 1. Furthermore, Pressley's work on this matter was similar to that performed by the billing attorneys. See PL's Mot., Ex. B. Yet because she is not a member of the D.C. Bar, Pressley is not entitled to attorney rates. See Dickens, 724 F.Supp.2d at 120 (<HOLDING>); Agapito v. District of Columbia, 477
Holding statements: (A) holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees (B) holding that the magistrate judge did not abuse her discretion in considering the prevailing hourly rates in the southern district of new york when awarding attorneys fees (C) holding that lexis fees are not taxable as costs but reserving ruling on whether such fees are recoverable as attorneys fees (D) holding that attorneys not admitted to the dc bar are not entitled to reimbursement but awarding fees at paralegal rates as equitable relief (E) holding that the court lacked jurisdiction to consider the appeal because it was filed before the final order awarding attorneys fees

SOLUTION:
(D)