NY BAR REVIEW PROFESSIONAL RESPONSIBILITY 1

Question 1

ABA

Answer 1

model rules of professional conduct

Question 2

NYS BAR makes proposal to the ____

Answer 2

appellate division - adopting the rules they think are appropriate.
NYS bar association made the comments to the rules - suggestions, not binding, how it is to be interpreted, what they are supposed to mean

Question 3

court interpretations

rulings of the disciplinary committee

Answer 3

no binding

Question 4

disciplinary appointed NOT by _________ , but by the _______

Answer 4

bar.

courts.

Question 5

client makes decisions about

Answer 5

objectives

Question 6

lawyer makes decisions about

Answer 6

means, doesnt need to consult client as long as doesnt prejudice client’s rights

Question 7

lawyer may agree to

Answer 7

reasonable requests by opposing counsel - scheduling

Question 8

lawyer may refuse to participate in

Answer 8

conduct he believes may be unlawful

Question 9

how to represent the client?

Answer 9

ZEALOUSLY

Question 10

communications with the client

Answer 10

keep client apprised of their matter - update client on material developments - including settlements and plea offers

Question 11

who decides settlement or plea offer?

Answer 11

the client

Question 12

lawyer withdrawal from representation

Answer 12

must v. permitted to

Question 13

MUST withdraw

Answer 13

lawyer knows or reasonably should know that client is acting merely to harass or maliciously injure another. no purpose for filing lawsuit/negotiation. if thats a side effect, doesnt require to resign; but if thats the main purpose, then resign

Question 14

cannot resign if

Answer 14

client will be prejudiced by it

Question 15

confidentiality obligation

Answer 15

keep confidences and secrets

Question 16

confidences and secrets

Answer 16

information gained from any source, doesnt have to come directly from client.
has to relate to representation.
has to be protected by atty client privilege.
and if reveal them somehow, detrimental to client.
client requested to keep in confidence.

Question 17

marijuana possession

Answer 17

embarrassing. do not disclose without the clients approval

Question 18

atty client privilege

Answer 18

communications to or from bw lawyer and client about providing or asking for legal advice.
reasonable care to - not just the lawyer, but those working for the lawyer are to keep client confidences.

Question 19

exceptions where info may be revealed , re atty client privilege

Answer 19

may not use it to harm the client, or to help lawyer to the detriment of the client, or to help third party,but to help specific client

Question 20

client consent

Answer 20

may be implied , when customary/ routine, reasonable under circumstances for representation of client

Question 21

when MAY lawyer disclose info about client

Answer 21

1. prevent client from committing a crime.
2. prevent certain death or substantial bodily harm.
3. to gain advice -communication with another lawyer; 4. bar hotline; lawyer accused of wrongful conduct - formal proceeding
4. collect a fee.