Chapter 1

Question 1

MR 1.1

Answer 1

Competence

Question 2

Competence

Answer 2

A lawyer SHALL provide competent representation to a client. Competent representation requires

1. legal knowledge
2. Skill
3. Thoroughness
4. Preparation reasonably necessary for the representation

MR 1.1

Question 3

Relevant factors for determining whether a lawyer employs the requisite knowledge and skill in a particular matter?

Answer 3

1. Relative complexity and specialized nature of the matter
2. Lawyer’s general experience
3. Laywer’s training and experience in the field in question
4. Preparation an study the lawyer is able to give the matter and whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field in question

MR 1.1 c. 1

Question 4

Must a lawyer have special training or prior knowledge to handle legal problems of a type with which the lawyer is unfamiliar?

Answer 4

No. A newly admitted lawyer can be competent as a practitioner with long experience

MR 1.1 c. 2

Question 5

MR 1.2

Answer 5

Scope of Representation and Allocation of Authority Between Lawyer and Client

Question 6

Scope of Representation and Allocation of Authority Between Lawyer and Client

Answer 6

a) Lawyer shall abide by client’s decision concerning the objectives of representation, and shall consult with the client as to the means by which they are to be pursued. Lawyer may take action as is impliedly authorized to carry out the representation. Shall abide by client’s decision whether to settle. In criminal case, shall abide by the client’s decision as to the plea, whether to waive jury trial, and whether client will testify.
b) A lawyer’s representation does not constitute endorsement of the client’s political, economic, social, or moral views or activities
c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstance and client gives informed consent
d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows to be criminal or fraudulent, but a lawyer may discuss the legal consequence of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.

MR 1.2

Question 7

MR 1.3

Answer 7

Diligence

Question 8

Diligence

Answer 8

A lawyer shall act with reasonable diligence and promptness in representing a client.

MR 1.3

Question 9

MR 1.4

Answer 9

Communication

Question 10

Communication

Answer 10

a) A lawyer SHALL:
1) promptly inform client of any decision or circumstance with respect to which the clients informed consent (1e) is required
2) reasonably consult with the client about the means by the client’s objectives are to be accomplished
3) keep the client reasonably informed about the status of the matter
4) promptly comply with reasonable requests for information
5) consult with the client about any relevant limitation on the layer’s conduct

b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation+

Question 11

MR 1.0(a)

Answer 11

Belief/Believes

Question 12

MR 1.0(b)

Answer 12

Confirmed in writing

Question 13

Belief/Believes

Answer 13

denotes that the person involved actually supposed the fact in question to be true. May be inferred from circumstances

1.0(a)

Question 14

Confirmed in writing

Answer 14

denotes informed consent that is given in writing or writing that a lawyer promptly transmits to the person confirming an oral informed consent. If not feasible to obtain at the time the person gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter

1.0(b)

Question 15

MR 1.0(c)

Answer 15

firm/law firm

Question 16

MR 1.0(d)

Answer 16

fraud/fraudulent

Question 17

MR 1.0(e)

Answer 17

informed consent

Question 18

MR 1.0(f)

Answer 18

knowingly

Question 19

MR 1.0(g)

Answer 19

partner

Question 20

MR 1.0(h)

Answer 20

Reasonable/reasonably

Question 21

MR 1.0(i)

Answer 21

reasonable belief

Question 22

MR 1.0(j)

Answer 22

reasonably should know

Question 23

MR 1.0(k)

Answer 23

screened

Question 24

MR 1.0(l)

Answer 24

substantial

Question 25

MR 1.0(m)

Answer 25

tribunal

Question 26

MR 1.0(n)

Answer 26

Writing/written

Question 27

firm/law firm

Answer 27

1.0(c)

Question 28

fraud/fraudulent

Answer 28

1.0(d)

Question 29

informed consent

Answer 29

denotes the agreement by a person or a proper course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct

1.0(e)

Question 30

knowingly

Answer 30

1.0(f)

Question 31

partner

Answer 31

1.0(g)

Question 32

Reasonable/reasonably

Answer 32

1.0(h)

Question 33

reasonable belief

Answer 33

1.0(i)

Question 34

reasonably should know

Answer 34

1.0(j)

Question 35

screened

Answer 35

1.0(k)

Question 36

substantial

Answer 36

1.0(l)

Question 37

tribunal

Answer 37

1.0(m)

Question 38

Writing/written

Answer 38

1.0(n)