FL Professional Responsibility Flashcards
With certain exceptions, an attorney who __________ that another lawyer has committed a violation of the RPC that raises a __________ question as to that lawyer’s honesty or fitness as a lawyer in other respects MUST inform the appropriate professional authority.
A Knows; reasonable
B Knows or reasonably believes; reasonable
C Knows; substantial
D Knows or reasonably believes; substantial
C Knows; substantial
A lawyer having knowledge that another lawyer has committed a violation of the RPC that raises a substantial question as to that lawyer’s honesty or fitness as a lawyer in other respects must inform the appropriate professional authority. (However, this rule does not require disclosure of confidential information or certain information gained while participating in mediation proceedings or in an approved lawyers’ assistance program dealing with substance abuse problems.)
Under her duty of candor to the tribunal, a lawyer MUST take the following actions (Select all that apply):
A Take remedial measures if the lawyer finds out that her client has already provided false material evidence
B Disclose controlling legal authority that is damaging to her client, if opposing counsel has failed to do so
C Refuse to offer evidence she reasonably believes is false
D Correct any false statement of material fact that she previously made to the court
A., B., and D. are correct because these actions are explicitly required by RPC 3.3. C. is wrong because while a lawyer may refuse to offer evidence that she reasonably believes is false (but does not know is false), she is not required to do so. A lawyer must to refuse offer evidence that she knows is false.
A lawyer who represents a client in a matter speaks with a person who is represented by counsel in relation to that same matter. This communication is proper if any of the following facts are true (Select all that apply):
A The person is not an actual party to the matter
B The person expressly consented to the communication by the lawyer
C The lawyer has no reason to believe that the person is represented by counsel
D The communication is unrelated to the matter
C & D.
In the representation of a client, a lawyer generally must not communicate about the subject of the representation with a person he knows to be represented by counsel in the matter unless the other counsel has granted permission or he is otherwise authorized by law or court order to make such direct communication. B. is wrong because this prohibition applies even if the person has consented to the communication. It also applies to any person represented by counsel concerning the matter to which the communication relates, even if the person is not formally a party to the matter. Thus, A. is wrong. C. is correct because the prohibition on communications with a represented person applies only if the lawyer knows that the person is represented in the matter to be discussed (or if knowledge can be inferred from the circumstances). D. is correct because this rule does not prohibit communications about matters outside the representation.
Under the RPC, in which situation(s) is a lawyer REQUIRED to disclose a client’s confidential information? (Select all that apply)
A None; all confidential exceptions allow permissive (not mandatory) disclosure
B To prevent the client from committing a crime
C To establish a defense in a malpractice claim against the lawyer
D To prevent a person’s reasonably certain death
B & D.
Generally, a lawyer must not reveal information relating to the representation of a client. However, there are several exceptions in which a lawyer may reveal confidential information. A lawyer must reveal such information to the extent she reasonably believes necessary to prevent the client from committing a crime or to prevent death or substantial bodily harm to another. Thus, B. and D. are correct, and A. is wrong. C. is wrong because this confidentiality exception permits, but does not require, a lawyer to disclose the information.
Which statements regarding the ethical duty of confidentiality are correct? (Select all that apply)
A It prevents all forms of disclosure by the lawyer
B It prevents only in-court testimony by the lawyer
C It applies to all types of confidential information relating to the representation
D It applies to confidential lawyer-client communications only
A & C.
It is important to be able to distinguish the attorney-client privilege from the ethical duty of confidentiality. The attorney-client privilege allows a client to refuse to testify and prevent his attorney from testifying in court about communications between the two. It applies to confidential communications made by an individual to an attorney who is sought out for the purpose of obtaining legal advice. An attorney’s ethical duty of confidentiality is much broader. It applies to all types of information relating to the representation (not just communications), and protects the information from being disclosed in any manner (not just via in-court testimony). Thus, A. and C. are correct.
A lawyer lacks the necessary legal knowledge to handle a specific matter for his client. The lawyer may properly proceed by taking the following action(s) (Select all that apply):
A Explaining to the client that his knowledge is limited and obtaining the client’s consent
B Consulting with a lawyer who has the necessary knowledge
C Studying the topic area and becoming proficient
D Reducing his normal fee
B & C.
A lawyer must represent his client competently. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. In determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the relative complexity and specialized nature of the matter, the lawyer’s general experience, the lawyer’s training and experience in the field in question, the preparation and 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. B. and C. are correct because the lawyer can become competent through these actions. A. and D. are wrong because they do not address the competence problem; it is still a violation to fail to represent a client with competence even if the client consents, and even if the fee is reduced.
A lawyer personally and substantially participated in a matter as an arbitrator. The lawyer must not subsequently represent a person in connection with the same matter as an attorney __________.
A Under any circumstances
B Unless all parties in the matter provide informed consent in writing
C Unless the party represented by the lawyer provides informed consent in writing
D Unless, while serving as an arbitrator, he did not gain any confidential information that would harm any of the parties
B Unless all parties in the matter provide informed consent in writing
A lawyer must not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer, or law clerk to such a person, or as an arbitrator, unless all parties to the proceeding give informed consent in writing. Thus, B. is correct and A. and C. are wrong. D. is wrong because the rule makes no allowance for the improbable situation where an attorney-arbitrator does not learn confidential information in the course of the mediation.
A conflict arising out of a lawyer’s __________ an opposing party is not likely to be imputed to other attorneys at a lawyer’s law firm. (Select all that apply)
A Friendship with
B Prior representation of
C Current representation of
D Sexual relationship with
A & D.
Generally, a conflict of interest that is based on a personal interest of the disqualified lawyer is not imputed to the firm’s remaining lawyers. Thus, A. and D. are correct because friendships and sexual relationships are personal to the disqualified lawyer. B. and C. are based on former and current client conflicts, and are imputed to others at the firm. (Note, however, that the imputation may be removed by following the required screening and notice procedures.)
Which statements are true regarding a lawyer who represents an organization? (Select all that apply)
A The lawyer generally may also represent an employee of the organization
B The lawyer automatically represents the board of directors as well
C The lawyer must act in the best interests of the organization, even if such interests conflict with the interests of the organization’s officers
D The lawyer is required to report a violation of law to an outside authority if he has already brought it to the attention of the organization’s highest authority, and the highest authority failed to act
A & C.
A. is correct because a lawyer representing an organization may also represent any of its directors, officers, employees, members, shareholders, or other constituents, subject to the provisions of RPC 1.7 (relating to conflicts of interest). However, B. is wrong because the lawyer does not automatically represent any of the organization’s constituents. C. is correct because it is a true statement—the lawyer must always act in the organization’s best interests, even if such interests conflict with those of the organization’s constituents. D. is wrong because a lawyer is permitted to report information outside the organization in limited circumstances, but is not obligated to do so. Rather, RPC 1.13 states that the lawyer may resign in this situation.
During a trial, it becomes apparent that a lawyer who represents one of the parties as trial counsel is likely to be called as a necessary witness. The lawyer will be allowed to proceed with the representation in the following situations (Select all that apply):
A The lawyer’s testimony will relate solely to an uncontested issue
B The lawyer’s testimony will concern only the nature and value of legal services rendered to the client
C The lawyer had no reason to believe that he would be a necessary witness at the time he accepted the representation
D The lawyer’s value is so distinctive to the case that withdrawal of the lawyer would cause substantial hardship to the client
A, B, & D.
If an attorney representing a client at trial is likely to be a necessary witness, the attorney should refuse employment or, if he has already been retained, should withdraw from the case. The recognized exceptions to this prohibition are: (i) where the testimony will relate solely to an uncontested issue; (ii) where the testimony will relate solely to a formality; (iii) where the testimony will concern only the nature and value of legal services rendered to the client; and (iv) where withdrawal of the lawyer would cause substantial hardship to the client because of the distinctive value of the lawyer or firm to the case. Thus, A., B., and D. are correct. C. is wrong because it is not a recognized exception to this rule.
Under the Rule of Professional Conduct relating to former client conflicts, a lawyer who formerly represented Former Client in a matter may not thereafter represent Current Client adverse to Former Client in __________.
A The same matter or a substantially related matter, regardless of whether Former Client consents
B The same matter or a substantially related matter, unless Former Client consents
C Any matter, unless Former Client consents
D Any matter, regardless of whether Former Client consents
B The same matter or a substantially related matter, unless Former Client consents
A lawyer who formerly represented a client in a matter may not thereafter represent another person in the same or a substantially related matter if that person’s interests are materially adverse to those of the former client, unless the former client gives informed consent. B. is correct because the prohibition applies to the same matter or a substantially related matter, and because the former client’s informed consent will cure the conflict.
Under the RPC, which event must occur before a lawyer may make an agreement with a client prospectively limiting the lawyer’s malpractice liability?
A The client must be represented by independent counsel
B The lawyer must inform the client in writing that seeking independent counsel is desirable
C None; this type of agreement is always prohibited
D None; this type of agreement is generally permitted
A The client must be represented by independent counsel
A lawyer must not make an agreement prospectively limiting the lawyer’s liability to a client for malpractice unless the client is independently represented in making the agreement. Thus, A. is correct and the other choices are wrong. (Note, however, that a lawyer settling an existing claim or potential claim for malpractice liability with an unrepresented client or former client meets his ethical obligation by advising the person in writing that independent counsel is desirable.)
If a third person intends to pay for a client’s legal fees, the RPC impose specific conditions that must be met for the lawyer to accept compensation from the third person. These conditions include (Select all that apply):
A The client must give informed consent to the arrangement
B The third person must give informed consent to the arrangement
C The lawyer must keep the third person informed of developments in the case
D The third person must not interfere with the lawyer’s professional judgment
A & D.
A lawyer must not accept compensation for representing a client from someone other than the client unless: (i) the client gives informed consent, (ii) there is no interference with the lawyer’s independence of professional judgment or with the lawyer-client relationship, and (iii) information relating to the representation of the client is protected as required by RPC 1.6 (relating to confidentiality of information). Thus, A. and D. are correct. B. is wrong because consent is required only from the client, not the third person. C. is wrong because the lawyer must keep the client’s information confidential; thus, the lawyer is certainly not required (and may not be allowed) to communicate all developments to the third person.
A lawyer __________ advance court costs and expenses of litigation __________.
A May not; unless the client is indigent
B May; to any client
C May not; under any circumstances
D May; to any client that signs a written agreement to repay the funds upon conclusion of the matter
B May; to any client
A lawyer generally must not provide financial assistance to a client in connection with pending or contemplated litigation. However, (i) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter (i.e., the lawyer and client may agree that if the client loses his case, he need not repay the funds); and (ii) a lawyer representing an indigent client can pay the client’s court costs and litigation expenses. Because the lawyer may advance such funds regardless of the client’s financial situation, B. is correct and A. and C. are wrong. D. is wrong because there is no requirement that the client sign an agreement to repay the advanced funds.
A lawyer wants to make an agreement giving the lawyer media rights to a movie about his client. The agreement is PERMITTED under the RPC if EITHER of the following are true: (1) the portrayal is __________; OR (2) the representation of the client __________.
A Unrelated to the representation; is ongoing
B Based on the representation; is ongoing
C Unrelated to the representation; has ended
D Based on the representation; has ended
C Unrelated to the representation; has ended
Prior to the conclusion of representation of a client, a lawyer must not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based, in substantial part, on information relating to the representation. Thus, if the portrayal is unrelated to the representation—or if the representation has ended—the agreement is not prohibited by the RPC.
