General

Question 1

Lawyers have duties to:

Answer 1

Clients (Loyalty, Confidentiality, Professional Judgment, Honesty); The Judicial System (Honesty; Officer of the Court); The Legal Profession (Civility, Independence, Honesty); 3rd Parties (Maintaining Confidence in the Law, Promoting Administration of Justice, Honesty).

Question 2

Lawyer roles

Answer 2

Advisor, Advocate, Negotiator, Evaluator, 3rd Party Arbiter

Question 3

Minimum Requirements of Lawyer Conduct

Answer 3

Complying with Rules of PR; Following Rules of Court and Court Orders; Avoiding Liability.

Question 4

Higher Goals of Lawyer Conduct

Answer 4

Pro Bono Service; Commitment to Client Service and Excellent Representation.

Question 5

Rule 8.5: Disciplinary Authority; Choice of Law

Answer 5

If you’re licensed here or engage in misconduct here, the Bar has jurisdiction. For misconduct in litigation, rules of tribunal apply. For other misconduct, rules where conduct occurred (or had a predominant effect) apply.

Question 6

What discipline is appropriate?

Answer 6

General Considerations (Nature of Violation. Extent of Actual/Potential Harm, State of Mind); Aggravating Factors (Pattern of Misconduct, Vulnerability of Victim, No Remorse, Lack of Honesty, Negative Impact on Perception of the Profession); Mitigating Factors (Absence of Dishonesty, Good Faith Efforts to Make Restitution, Remorse, Cooperation, Inexperience)

Question 7

Rule 8.4: Misconduct (Per Bannon, not a catch-all—be familiar)

Answer 7

It is professional misconduct for a lawyer to: (1) violate or attempt to violate the RPC, or knowingly assist or induct another to do so; (2) commit criminal acts that reflect adversely on the lawyer’s honesty or trustworthiness; (3) engage in conduct suggesting dishonesty, fraud, or deceit; (4) engage in conduct that is prejudicial to the administration of justice; (5) imply that they have influence over a government agency or official; (6) intentionally prejudice the administration of justice.

Question 8

Rule 8.1: Bar Admission and Disciplinary Matters

Answer 8

Whether inquiry is about you or another lawyer, must be rigorously and completely honest in disciplinary matters and re: admission to the bar.

Question 9

Rule 8.3: Reporting Professional Misconduct

Answer 9

(1) Must report to the Bar when you KNOW that another lawyer has engaged in conduct that raises a SUBSTANTIAL QUESTION as to the lawyer’s fitness; (2) This rule does not require disclosure of information protected under Rule 1.6

Question 10

Key Concepts: Regulating Lawyers

Answer 10

(1) Lawyers must participate in regulation, even when it is burdensome; (2) Must be completely honest in disciplinary matters and with the Bar; (3) Must report KNOWN Rule violations that raise a SUBSTANTIAL QUESTION as to the lawyer’s fitness (but duty to keep client confidences takes precedence); (4) the State where lawyer is licensed has jurisdiction, rules of tribunal apply to misconduct in litigation, for all other misconduct, the rules of the state where it occurs will apply.

Question 11

Rule 8.2: Judicial and Legal Officials

Answer 11

Don’t intentionally or recklessly slander a judge or judicial candidate.

Question 12

How to tell is two or more lawyers are a “firm”:

Answer 12

Fact-specific. Emphasis on how they present to the public and whether they share access to client information.

Question 13

Do subordinate lawyers get a “pass” when they violate the Rules per their supervisor’s instruction? Rule 5.2

Answer 13

Lawyers are bound by the Rules always, but they’ll get a pass on “arguable questions of professional duty.”

Question 14

Rules 5.1 & 5.2: Responsibilities of Firm Lawyers

Answer 14

(1) Firm must have adequate policies; (2) there must be reasonable supervision; (3) vicarious liability if (A) lawyer orders or ratifies the conduct or (B) there is opportunity to remediate but failure to do so.

Question 15

Considerations When Leaving a Firm

Answer 15

(1) Duty of loyalty to firm; (2) duty to communicate with clients and protect their interests; (3) protect client’s choice of counsel (Rule 5.6: no restrictions on rights to practice).

Question 16

Rule 1.18: Duties to Prospective Clients

Answer 16

(1) People who consult with lawyers are prospective clients; (2) lawyer cannot reveal information obtained in consultation except as Rule 1.9 would permit (same as normal duty but may reveal if the info is in the public record unless it would be embarassing or detrimental to client); (3) can’t represent clients with interests materially adverse IF you received information from the prospective client that could be significantly harmful to the client.

Question 17

How to tell if ACR was formed?

Answer 17

Fact-specific inquiry. It doesn’t turn on payment of $$ or contract. Emphasis is on client’s reasonable belief and duty is on the lawyer to clarify ambiguity. Sharing of confidential information = manifestation of intent to form ACR—if lawyer provides advice, ACR implied.

Question 18

Rule 1.16: Declining Representation

Answer 18

Lawyers are generally free to accept or decline any representation, but a lawyer shall not represent a client when the representation WILL result in a violation of the law or the Rules or where a lawyer’s condition materially impairs representation.

Question 19

What constitutes unauthorized practice of law?

Answer 19

Per statutes, the “practice of law” is extremely broad—cannot hold yourself out as competent to give advice, and doesn’t matter if you didn’t charge. Only members of the State Bar may practice law.

Question 20

Rule 5.5: Unauthorized Practice of Law

Answer 20

(1) A lawyer in good standing in another jurisdiction can practice here if: admitted pro hac vice, allowed by law or court to appear, working as in-house counsel, not dealing with NC law, when admission by comity is pending; (2) a lawyer shall not assist another person in the unauthorized practice of law.

Question 21

Rules 7.1 & 7.2: Communications Concerning a Lawyer’s Services

Answer 21

A lawyer shall not make false or misleading statements about the lawyer or the lawyer’s services, including about the results the lawyer can achieve. Can’t say you’re a specialist unless some organization says you are. Lawyers may advertise, but lawyers may not pay kickbacks.

Question 22

Rule 7.4: Intermediary Organizations

Answer 22

Contains tons of rules about how an intermediary organization must be run. Flag it.

Question 23

Rule 7.3: Direct Contact with Potential Clients

Answer 23

Don’t solicit clients via person-to-person contact unless you’re not doing it for money, the other person is a lawyer, you have a close relationship with the other person, or the person routinely uses lawyers for business purposes.

Question 24

Rule 5.4: Professional Independence of Lawyer

Answer 24

In general, a lawyer may not share fees with a nonlawyer, but there are exceptions in the Rule. Don’t form partnerships with nonlaywers. If someone else pays for your client’s representation, don’t let them drive the representation (need informed consent, maintain confidentiality, no interference with judgment: Rule 1.8)

Question 25

Rule 1.5: Fees

Answer 25

Fees must be reasonable or contract might not be enforceable and you might be subject to discipline. Reasonable factors: time, labor, and skill required; market rates; reputation of lawyer; results obtained; restrictions (e.g., time) imposed by client. Lawyer can TRY to renegotiate fees. Lawyer can charge contingency fees but not in family or criminal cases. Contingency fee agreement with details must be in writing, but regular arrangements don’t have to be. Lawyers may share fees (with informed consent) with cocounsel to the extent labor was divided.

Question 26

Rule 1.1: Competence

Answer 26

Lawyers shall not handle matters that they know or should know that they are incompetent to handle.

Question 27

Rule 1.2: Scope of Representation and Allocation of Authority

Answer 27

Client decides what the goal is; lawyer must confer with client, but need not get permission for every step. Certain things are always up to the client (pleas, settlements). “My client told me to” isn’t an excuse for lack of professionalism. Lawyer is expert on strategy—need not press every point you possibly could.

Question 28

Rule 1.3: Diligence

Answer 28

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

Question 29

Rule 1.13: Organization as Client

Answer 29

Can report things in-house, but keep it in-house.

Question 30

Rule 1.14: Client with Diminished Capacity

Answer 30

Try to maintain as normal an ACR as possible.

Question 31

Lawyer as Agent

Answer 31

Clients are bound by their lawyer’s mistakes. Client can attempt to recover through a malpractice claim or through a breach of fiduciary duty claim.

Question 32

Elements of a Malpractice Claim:

Answer 32

(1) ACR or other duty of care existed; (2) the defendant did not act as a reasonably prudent lawyer in the jurisdiction under similar circumstances; (3) defendant’s breach caused damages; (4) but for defendant’s conduct, the plaintiff would have been successful in underlying claim.

Question 33

The First Rule of Confidentiality Is:

Answer 33

You don’t talk about confidential information!

Question 34

Rule 1.6: Confidentiality of Information

Answer 34

A lawyer shall not reveal information acquired during the professional relationship with a client unless the client gives informed consent, the
disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b). Applies to all information relating to the representation of a client, in whatever form, acquired from any source. Lawyers are under a duty to act competently to preserve confidential info—analyzed under rules of reason.

Question 35

Rule 1.6(b) Confidentiality Exceptions

Answer 35

Exceptions allow lawyers to disclose confidential information in order to: (1) protect the administration of justice (compliance with rules, laws, and courts); (2) protect others (preventing the commission of a crime by the client, preventing reasonably certain death or bodily harm, rectifying fraudulent or criminal acts in which the lawyer’s services were used); (3) protect oneself (getting advice about the Rules, establishing a claim/defense, detecting & resolving conflicts of interest arising from the lawyer’s change of employment). All permissive, not mandatory. Only reveal to the extent necessary.

Question 36

How long must a lawyer protect client information?

Answer 36

Majority rule: the duty of confidentiality outlives the client.

Question 37

Rule 1.9(c): Confidentiality Duty to Former Clients

Answer 37

Duty is same as for current clients, except that a lawyer may disclose information that is contained in the public record unless it would be embarrassing or detrimental to the client.

Question 38

Duty to Not Use Information to Client’s Detriment (Rule 1.8)

Answer 38

A lawyer shall not use information relating to the representation of a client unless the client gives informed consent or it is otherwise permitted by the rules.

Question 39

Financial Assistance to Client (1.8)

Answer 39

Not permitted except when advancing court costs and litigation expenses on contingency or paying court costs and expenses when your client is indigent.

Question 40

Attorney-Client Privilege

Answer 40

Generally much narrower than a lawyer’s duty of confidentiality. As general principle, neither atty nor client can be req’d to testify or produce evidence that reveals content of confidential communications btwn client & atty. Applicable to communications, btwn
“privileged persons,” in confidence, for purpose of obtaining or providing legal assistance for the client so long as the privilege hasn’t been waived.

Question 41

Work Product Privilege

Answer 41

Materials prepared in anticipation of litigation or for use in litigation are immune from compelled disclosure. Exception: There is substantial need and it would be an undue hardship to obtain the substantial equivalent of the materials.

Question 42

Trust Accounting Key Concepts (Rule 1.15)

Answer 42

Promptly deposit and keep funds in a trust account separate from own cash (no commingling) (dedicated trust account for client if lots of money or long time) (if general trust account, deposit must indicate whose cash it is); only cash related to representation; in the event of a dispute, leave the cash in the account until the dispute is resolved; no debit cards or cash withdrawals (checks must reflect whose cash it is and be signed by lawyer or employee with training who is not responsible for reconciliation); do not use entrusted cash for anyone other than the beneficial owner (theft); promptly disburse funds as requested by the client; direct your bank to notify the Bar if there is an overdraft; maintain meticulous records including bank statements, cancelled checks, confirmations, and ledgers for each client (for 6 years); reconcile the overall balance monthly and individual client balances quarterly; provide clients with accounting at least annually, at their request, and when all funds are disbursed; report to the Bar when funds are misused or when accidents happen; random audits occur; wait until funds are credited to disburse; notify client of receipt of funds belonging to them.

Question 43

What if a lawyer needs to deposit a check that contains commingled funds?

Answer 43

Indicate on the deposit which cash is yours. After it credits, you can withdraw that money.

Question 44

Types of Concurrent Conflicts (Rule 1.7)

Answer 44

Duty of loyalty. A lawyer shall not represent a client when: (1) clients have directly adverse legal interests (doesn’t have to be same case); (2) representation is materially limited by responsibilities to a current or former client; (3) representation is materially limited by personal interests.

Question 45

Consenting to Conflicts

Answer 45

With written confirmation of informed consent from all parties, most conflicts are consentable, unless the representation is illegal, involves clients on opposing sides of the same litigation, or it is unreasonable for lawyer to believe s/he can adequately represent both clients (If to be loyal to both clients you would be making choices that are different than a lawyer without the dual representation (making compromises, etc), then you have a nonconsentable conflict. If conflict not consentable (or clients don’t consent), must decline representation or withdraw). Must withdraw from representing both clients if lawyer cannot fulfill obligations to former client while continuing to represent client with adverse interest.

Question 46

Duty of Loyalty

Answer 46

A lawyer may not act as an advocate in one matter against a person the lawyer represents in some other matter, even when the matters are wholly unrelated. The client … is likely to feel betrayed, and the resulting damage to the client-lawyer relationship is likely to impair the lawyer’s ability to represent the client effectively.

Question 47

Rule 1.9: Duties to Former Clients

Answer 47

No general duty of loyalty to former clients, only confidentiality. Former clients create conflicts of interest only where their confidential info is likely to be in play in the same or a substantially similar matter (matters are substantially similar when there is a substantial risk that facts you learned from former client could materially advance this client’s position). Cannot represent Person X adverse to Former Client when there is substantial risk that the sort of confidential factual information as would normally have been obtained in Former Client’s prior representation would materially advance Person X’s position in the subsequent matter.

Question 48

Rule 1.19: Sexual Conduct with Clients Prohibited

Answer 48

No sex or sexual communications with your clients. You can make a client out of your sexual partner, but you may not make a sexual partner out of your client.

Question 49

Rule 3.3: Candor Toward the Tribunal

Answer 49

Don’t lie to court or fail to correct false statement; don’t fail to disclose to the court controlling legal authority; don’t offer evidence you know to be false (may refuse to offer evidence if reasonable belief it’s false other than D testimony in criminal matter). Must tell Court if client lies. Try to persuade client not to offer false testimony, but in any case don’t elicit it.

Question 50

Rule 3.4: Fairness to Opposing Party and Counsel

Answer 50

Do not: Unlawfully obstruct another party’s access to evidence; alter, destroy or conceal a document or other material having potential evidentiary value; or counsel or assist another person to do any such act. Don’t make frivolous discovery requests. Don’t tell a witness to leave the jurisdiction. Don’t falsify evidence. Make a diligent effort to comply with discovery requests, and don’t fail to make disclosures you should know are required. Don’t tell your client to disobey the court unless you’re testing the validity of the obligation in good faith. Don’t allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence.

Question 51

Rule 3.8: Special Responsibilities of a Prosecutor

Answer 51

A prosecutor shall: not bring frivolous charges, safeguard constitutional rights, make timely disclosure of all evidence, not seek evidence from opposing counsel unless absolutely necessary, tell someone if you got an innocent person convicted, not make inflammatory statements that heighten public condemnation of the accused.

Question 52

Rule 8.6: Information About a Possible Wrongful Conviction

Answer 52

When a lawyer knows of evidence that creates a reasonable likelihood that a defendant did not commit the crime for which he was convicted, the lawyer shall promptly disclose the information unless: (1) the evidence is protected by law from disclosure; (2) disclosure would criminally implicate a current or former client or severely prejudice them; or (3) disclosure would violate ACP. A lawyer who, in good faith, concludes that this rule does not apply shall not be subject to disciplinary action.

Question 53

Rule 3.6: Trial Publicity

Answer 53

General rule: No public comments that have a substantial likelihood of materially prejudicing the adjudicative proceeding. Certain mundane topics are always safe. Lawyers may respond to publicity. Lawyers may reply to charges of misconduct.

Question 54

Ineffective Assistance of Counsel

Answer 54

APPLICABLE STANDARD: Whether counsel’s conduct so undermined the
proper functioning of the adversarial process that the trial cannot be
relied on as having produced a just result. Need: (1) deficient performance (objective standard; and (2) reasonable probability that, but for the lawyer, the result would have been different.

Question 55

Business Transactions with Clients (Rule 1.8) (know the specifics)

Answer 55

Prohibited unless: (1) fair and reasonable; (2) terms fully disclosed and in writing; (3) written advice telling them they should seek legal counsel; (4) reasonable opportunity to seek counsel; (5) signed written informed consent to transaction and lawyer’s role in the transaction. Not applicable to standard commercial transactions that the client markets to others, but is applicable if client’s business has to do with the law. Also applicable to fee arrangements where lawyer acquires part of business as a fee.

Question 56

Client Gifts (Rule 1.8)

Answer 56

Lawyers cannot solicit client gifts or prepare instruments gifting them things (unless family). Because of the fiduciary relationship, such gifts are presumed to be fraudulent or the product of undue influence.

Question 57

Compensation from 3rd Party (1.8)

Answer 57

A lawyer shall not accept compensation from one other than the client unless: (1) the client gives informed consent; (2) there is no interference with the lawyer’s independence of professional
judgment or w/client-lawyer relationship; and (3) information is protected per Rule 1.6.

Question 58

Common Representation (1.8)

Answer 58

A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients, or in a criminal case an aggregated agreement as to guilty or nolo contendere pleas, unless each client gives informed consent, in a writing signed by the client.

Question 59

Acquiring Media Rights (1.8)

Answer 59

Do not attempt to acquire media rights to client’s story of the case during the representation.

Question 59

Proprietary Interest in the Litigation (1.8)

Answer 59

A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, except acquiring a lien to secure expenses and contracting for a contingency fee.

Question 60

Limiting Malpractice Liability (1.8)

Answer 60

A lawyer cannot contract out of a future malpractice claim unless the client is independently represented in signing the waiver. A lawyer cannot settle a claim or potential claim unless the client is informed in writing that they should seek counsel and is given a reasonable opportunity to do so.

Question 61

Assisting Client Wrongdoing (Rule 1.2)

Answer 61

A lawyer shall not counsel a client to engage, or assist a client,
in conduct that the lawyer knows is criminal or fraudulent, but a lawyer
may discuss the legal consequences of any proposed course of conduct. A lawyer may not be willfully blind, either! See also Rule 8.4 (lawyer cannot commit criminal acts or engage in dishonest conduct).

Question 62

Investigation: General Principles

Answer 62

Competence (Rule 1.1) & Diligence (Rule 1.3) includes undertaking reasonable investigation into relevant facts. Don’t make frivolous discovery requests, or improperly induce witnesses (Rule 3.4). Don’t use methods of obtaining evidence that violate the legal rights of a third person (Rule 4.4a). Don’t ask someone other than a client to refrain from voluntarily giving relevant information to another party unless that person is an agent/employee/relative of client and reasonable belief that their interests will not be affected. (Rule 3.4).

Question 63

Rule 4.2: Communication with Person Represented by Counsel

Answer 63

Lawyers may not communicate with the other party in the litigation if the lawyer KNOWS that the party is represented, unless the other party’s lawyer has consented or you are required to by law or court order. Don’t get someone else to talk to them, but you can get your client to talk to them in a good faith effort to resolve the controversy.

Question 64

Communicating with Constituents of Organizations Represented by Counsel (Rule 4.2)

Answer 64

Don’t talk to org constituents: (1) if they are involved in the matter or works with the org’s counsel, (2) if the person has power to make decisions in the litigation, or (3) if that person created the org’s liability. If the constituent is represented by their own counsel, then follow normal rules.

Question 65

Rule 4.3: Dealing with Unrepresented Person

Answer 65

Never imply that you are disinterested (be upfront). Don’t give legal advice (other than advice to secure counsel) if you know or reasonably should know that the interests of that person could be in conflict with the interests of your client. If you know or should know that the person misunderstands your role in the matter, you must clear it up.

Question 66

Surreptitious Recording

Answer 66

It is not unethical to secretly record (may be necessary to protect lawyer or client) but do not engage in deceit or misrepresentation in connection with the recording (denying its being done, concealing purpose of call, failing to identify oneself). Don’t violate a third person’s legal rights! (4.4).

Question 67

Rule 4.4: Respect for Rights of Third Persons

Answer 67

(1) a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person; (2) a lawyer who receives a writing relating to the representation of the lawyer’s client and knows or reasonably should know that the writing was inadvertently sent shall promptly notify the sender. Don’t search for metadata.

Question 68

May a lawyer conduct a cloak-and-dagger investigation?

Answer 68

Yes, but only if it is for the public interest.

Question 69

Rule 4.1: Truthfulness in Statements to Others

Answer 69

In the course of representing a client a lawyer shall not knowingly make a false statement of material fact or law to a third person.

Question 70

Rule 3.5: Impropriety and Decorum of the Tribunal

Answer 70

Don’t improperly seek to influence anyone, don’t communicate ex parte with the jury or the judge, and don’t engage in conduct intended to disrupt a tribunal (including depositions and the like) by, for example, failing to comply with known local customs and courtesies, degrading the tribunal through discourteous conduct, or intentionally or habitually violating rules of evidence/civ pro.

Question 71

Rule 1.4: Communication

Answer 71

A lawyer shall: (1) promptly inform the client of any decision or circumstance with respect to which the client’s informed consent is required; (2) reasonably consult with the client about the means by which 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; and (5) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

Question 72

Negotiations

Answer 72

You’re allowed to threaten criminal charges to help your negotiations if grounded in fact and warranted by law. You’re allowed to condition the settlement on not reporting a crime (unless not reporting would be a crime) but you can’t destroy or hide evidence. If paying for silence, don’t pay more than the plaintiff could recover at trial.

Question 73

Settlement Restricting the Right to Practice

Answer 73

Rule 5.6(b)(b) prohibits lawyers from participating in the making of any agreement in which a restriction
on a lawyer’s right to practice is part of the settlement of a controversy between private parties

Question 74

Money Issues When Saying Goodbye (Rules 1.5 and 1.15)

Answer 74

Return unearned fees. You can collect what is owed but don’t touch the trust account if there is a dispute.

Question 75

Rule 1.16: Terminating Representation

Answer 75

Terminate representation promptly. Don’t charge for termination. A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation. If you need to terminate because the client wants you to do something bad, say it’s for “professional considerations” as to not break confidentiality. Lawyers shall withdraw from representation if it WILL result in breaking the Rules, the lawyer’s condition impairs the representation, or the lawyer is dismissed.

Question 76

Client Files

Answer 76

Belongs to the client, must provide the client file to the client, but can charge for repeated requests for copies.

Question 77

When does the ACR end?

Answer 77

(1) when matter has concluded; (2) when provided for in an agreement; (3) when client fires the lawyer (and court allows withdrawal); (4) when lawyer clearly tells client representation is ending. Burden on lawyer to clarify misunderstandings and ambiguities.

Question 78

When is withdrawal permitted?

Answer 78

(1) when it won’t substantially harm the client and (2) court says it’s okay; or (3) client consents; or (4) due to client misconduct or lawyer hardship.

Question 79

Rule 1.16(d): Protecting Client Interests When Withdrawing

Answer 79

Always protect client interests! Even if they screwed you over.

Question 80

Limited Duty of Loyalty to Former Clients

Answer 80

Conflict exists only where prior representation and current adverse representation are “the same or substantially related”

Question 81

Dishonesty in Litigation

Answer 81

Misstating facts; Mischaracterizing law; Presenting false evidence; Concealing facts that must be disclosed; Knowingly withholding documents/info properly requested in discovery; Failing to inform judge of all material facts in an ex parte proceeding; Failing to disclose adverse controlling precedent.

Question 82

Rule 3.1: Meritorious Claims and Contentions

Answer 82

Don’t make any claim for which there is not a basis in law and fact (good faith argument for the extension of a law is okay).

Question 83

Overzealous Advocacy

Answer 83

May implicate Rule 3.4 (Fairness to Opposing Party and Counsel); Rule 3.5 (Impartiality and Decorum of the Tribunal); and Rule 4.4 (Respect for the Rights of Third Persons). E.g., Incivility, failure to yield to rulings, accusing court of bias, etc. Note ct’s inherent authority to address this type of conduct (via discipline or
contempt).

Question 84

Rule 3.7: Lawyer as Witness

Answer 84

A lawyer shall not serve as a witness at trial unless: (1) the testimony relates to an uncontested issue; (2) the testimony relates to the legal representation in the case; or (3) disqualification of the lawyer would work substantial hardship on the client. Avoids confusing the decisionmaker.

Question 85

Rule 3.2: Expediting Litigation

Answer 85

Don’t improperly stall!

Question 86

Nonconsentable conflicts

Answer 86

Representing adverse parties in litigation/adversary proceeding.
Representation prohibited by law.
Circumstances where it is not reasonable to believe that lawyer can competently/diligently represent both clients. (If to be loyal to both clients you would be making choices that are different than a lawyer without the dual representation (making compromises, etc), then you have a nonconsentable conflict.)