3

Question 1

Rule 8.3

Answer 1

Reporting Professional Misconduct

Question 2

8.4(a) A lawyer _________ that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

Answer 2

knows

Question 3

8.4(a) A lawyer knows that _______ ________ has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

Answer 3

another lawyer

Question 4

8.4(a) A lawyer knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a _______ ________ as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

Answer 4

substantial question

Question 5

8.4(a) A lawyer knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s ________, ___________, or _______ ____ ___ ________ in other respects, shall inform the appropriate professional authority.

Answer 5

honesty
trustworthiness
fitness as a lawyer

Question 6

8.4(a) A lawyer knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, _____ _______ the appropriate professional authority.

Answer 6

shall inform

Question 7

8.4(b) A lawyer _______ that a judge has committed a violation of the applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.

Answer 7

knows

Question 8

(b) A lawyer knows that a _______ has committed a violation of the applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.

Answer 8

judge

Question 9

(b) A lawyer knows that a judge has committed a violation of the applicable rules of judicial conduct that raises a _________ _______ as to the judge’s fitness for office shall inform the appropriate authority.

Answer 9

substantial question

Question 10

(b) A lawyer knows that a judge has committed a violation of the applicable rules of judicial conduct that raises a substantial question as to the _________ _________ for office shall inform the appropriate authority.

Answer 10

judge’s fitness

Question 11

(c) This Rule does not require disclosure of information otherwise protected by_________ or information gained by a lawyer or judge while participating in an approved ________ ________ _________.

Answer 11

Rule 1.6

lawyer’s assistance program

Question 12

1.0(f)_________, ________, ________ denotes actual knowledge of the fact in question. A person’s knowledge may be inferred from circumstances

Answer 12

Knowingly, Known, Knows

Question 13

1.0(f) Knowingly, Known, or Knows denotes ________ _________ of the fact in question. A person’s knowledge may be inferred from circumstances

Answer 13

actual knowledge

Question 14

1.0(f) Knowingly, Known, or Knows denotes actual knowledge of the _____ ____ _______. A person’s knowledge may be inferred from circumstances

Answer 14

fact in question

Question 15

1.0(f) Knowingly, Known, or Knows denotes actual knowledge of the fact in question. A person’s _________ may be inferred from circumstances

Answer 15

knowledge

Question 16

1.0(f) Knowingly, Known, or Knows denotes actual knowledge of the fact in question. A person’s knowledge may be _________ ____ _________.

Answer 16

inferred from circumstances

Question 17

1.0(f) Knowingly, Known, or Knows denotes _________ _______ ____ ___ _____ ____ ______. A person’s knowledge may be inferred from circumstances

Answer 17

actual knowledge of the fact in question

Question 18

1.0(f) Knowingly, Known, or Knows denotes:

Answer 18

actual knowledge of the fact in question. A person’s knowledge may be inferred from circumstances

Question 19

Rule 8.3: Comment 3: A ______ ___ ________ is required in complying with the provisions of this Rule. The term “substantial” refers to the seriousness of the possible offense and not the quantum of evidence of which the lawyer is aware.

Answer 19

measure of judgment

Question 20

Rule 8.3: Comment 3: A measure of judgment is required in complying with the provisions of this Rule. The term “__________” refers to the seriousness of the possible offense and not the quantum of evidence of which the lawyer is aware.

Answer 20

substantial

Question 21

Rule 8.3: Comment 3: A measure of judgment is required in complying with the provisions of this Rule. The term “substantial” refers to the ________ ____ ____ ______ _________ and not the quantum of evidence of which the lawyer is aware.

Answer 21

seriousness of the possible offense

Question 22

Rule 8.3: Comment 3: A measure of judgment is required in complying with the provisions of this Rule. The term “substantial” refers to the seriousness of the possible offense and not the ________ ____ _______ of which the lawyer is aware.

Answer 22

quantum of evidence

Question 23

Rule 8.3: Comment 3: A measure of judgment is required in complying with the provisions of this Rule. The term “substantial” refers to the seriousness of the possible offense and not the quantum of evidence of ______ ____ ______ ___ ______.

Answer 23

which the lawyer is aware

Question 24

Is there a duty to self- report under ABA model rules?

Answer 24

NO duty to self-report

Question 25

If another lawyer's activity raises a ________ _________ as to their _______, ___________ or ________ as a ______ you have to report them.

Answer 25

substantial question honesty trustworthiness fitness as a lawyer

Question 26

ABA Ethics Opinion: It is a _________ to threaten to report.

Answer 26

violation

Question 27

ABA Ethics Opinion: It is a violation to _______ _____ _______.

Answer 27

Threaten to Report

Question 28

Disciplinary Authority in 8.5(a) 1. ? 2. 3.

Answer 28

1. Attorney's licensed in this state

Question 29

Disciplinary Authority in 8.5(a) 1. 2. ? 3.

Answer 29

Attorney's practicing in this state

Question 30

Disciplinary Authority in 8.5(a) 1. 2. 3. ?

Answer 30

3. Can be disciplined by two or more jurisdictions for the same conduct

Question 31

Rule 8.5

Answer 31

Disciplinary Authority; Choice of Law

Question 32

Rule 8.5(a) Disciplinary Authority. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of _____________________________. ...

Answer 32

this jurisdiction, regardless of where the lawyer’s conduct occurs

Question 33

Rule 8.5 Disciplinary Authority; Choice of law (a) Disciplinary Authority. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, regardless of where the lawyer’s conduct occurs. A lawyer not admitted in this jurisdiction is also subject to the disciplinary authority of this jurisdiction if the lawyer ____________________________________.

Answer 33

provides or offers to provide any legal services in this jurisdiction

Question 34

Rule 8.5 Disciplinary Authority; Choice of law (a) Disciplinary Authority. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, regardless of where the lawyer’s conduct occurs. A lawyer not admitted in this jurisdiction is also subject to the disciplinary authority of this jurisdiction if the lawyer provides or offers to provide any legal services in this jurisdiction. A lawyer may be subject to the disciplinary authority of ___________________________________________.

Answer 34

both this jurisdiction and another jurisdiction for the same conduct.

Question 35

Rule 8.5 Disciplinary Authority; Choice of law (b) Choice of Law. In any exercise of the disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall be as follows: (1) For conduct in connection with a matter pending before a ________, the rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise; and (LITIGATION CONDUCT)

Answer 35

tribunal

Question 36

Rule 8.5 Disciplinary Authority; Choice of law (b) Choice of Law. In any exercise of the disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall be as follows: (1) For conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the ________ ______ unless the rules of the tribunal provide otherwise; and (LITIGATION CONDUCT)

Answer 36

tribunal sits

Question 37

Rule 8.5 Disciplinary Authority; Choice of law (b) Choice of Law. In any exercise of the disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall be as follows: (1) For conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise; and (_________ __________)

Answer 37

LITIGATION CONDUCT

Question 38

Under Rule 8.5(b)(1) If the conduct is in connection with a matter pending before a tribunal what rules apply?

Answer 38

The rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise

Question 39

Rule 8.5 Disciplinary Authority; Choice of law (2) For any other conduct, the rules of the jurisdiction in which the lawyer’s _________ occurred, or, if the _______ ______ of the ________ is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct. A lawyer shall not be subject to discipline if the lawyer’s conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer’s conduct will occur. (NON-LITIGATION CONDUCT)

Answer 39

conduct predominant effect of the conduct

Question 40

Rule 8.5(b)(2): For any other conduct, the rules of the jurisdiction in which the lawyer’s conduct occurred, or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct. A lawyer shall not be subject to discipline if the lawyer’s conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer’s conduct will occur. (_________ ________-)

Answer 40

NON-LITIGATION CONDUCT

Question 41

Example: Lawyer Juliana places an (arguably) false and misleading ad about her services as a lawyer in the Massachusetts Yellow Pages. She is only licensed in Connecticut and Pennsylvania. In _________ conduct the rules of the jurisdiction in which the tribunal sits will be applied to determine if the attorney’s conduct was appropriate. In ______________ conduct the rules of the jurisdiction in which the lawyer’s conduct occurred or if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction will be applied.

Answer 41

Litigation non-litigation

Question 42

Example: Lawyer Juliana places an (arguably) false and misleading ad about her services as a lawyer in the Massachusetts Yellow Pages. She is only licensed in Connecticut and Pennsylvania. If a disciplining jurisdiction has adopted the Model Rule of 8.5(b), it will apply the advertising RPC of _____________ because it was not litigation and the predominant effect of the lawyer’s conduct occurred in _______________ where she advertised.

Answer 42

Massachusetts Massachusetts