Model Rules

Question 1

Exceptions to Confidentiality Rules

Answer 1

• Client gives consent
• Disclosure is impliedly authorized to prevent/mitigate client’s crime or fraud
• Prevent reasonably certain death/great harm
• Comply with other law/court order,

Question 2

Concurrent Conflict of Interest

Answer 2

• Representation of one client will be directly adverse to another client
• Significant risk that representation of one client will be materially limited by the lawyer’s responsibility to another client, former client or a third person or by a personal interest of the lawyer

Question 3

Imputation of Conflicts

Answer 3

If one lawyer in a firm has a conflict the ENTIRE firm MAY have a conflict

Question 4

Advertising Rules

Answer 4

• Can’t use “specialist” unless actually certified as such
• Communication must include name and contact info of 1 lawyer or law firm
• Contact info = web address, phone, email OR physical address

Question 5

Fees

Answer 5

Must be reasonable
Stated in writing
No contingency fees in criminal or domestic matters; Contingency fees must be in writing
Can’t share with non-lawyers
Can share with with other firms if client agrees and total fee is reasonable

Question 6

True or False

The ethical rules in each state supercede the ABA Model Rules of Professional Conduct

Answer 6

True

Question 7

Destruction of Client Files

Answer 7

After attempting to return files to client AND ensuring no legal or ethical restrictions prevent their destruction

Question 8

Recommended Pro Bono Hours

Answer 8

50 hours per year

Question 9

Trust Account Records

Answer 9

Must keep for 5 years

Question 10

Sale of Law Practice

Answer 10

• ceases to practice law
• sells to another law firm
• written notice to clients including the right to retain other counsel, files will be transferred if no objection w/in 90 days
• fees charged clients shall not increase by reason of the sale

Question 11

Declining/Terminating Representation

Answer 11

• representation will violate Rules of Professional Conduct
• withdrawal IF
• no material adverse effect on client
• client is using representation for crime/fraud
• client insists on action that lawyer finds repugnant
• client fails to fulfill obligation (i.e. pay), lawyer must give reasonable warning of withdrawal)
• client makes representation unreasonably difficult/causes an unreasonable financial burden
• other good cause
• withdrawal - may need court’s permission

Question 12

Membership in Legal Service Organization

Answer 12

Allowed; but must excuse themselves if the decision/action would be incompatible with obligations to existing client; OR adverse effect on the representation of a client of the organization whose interests are adverse to a client