Professional Responsibility

Question 1

Candor Toward Tribunal

Answer 1

Lawyer shall not knowingly make a false statement of fact or law to a tribunal

Question 2

Rule for Meritorious Claims and Contentions

Answer 2

There must be a non-frivolous basis for bringing a claim or taking any action in defense of the lawsuit (i.e. objecting to discovery just to delay or annoy)

Question 3

Rule Requiring Fairness to Opposing Party and Counsel

Answer 3

Cannot obstruct another party’s access to evidence; must make reasonable efforts to comply with proper discovery requests

Question 4

General rule against misconduct

Answer 4

Prohibited form engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation (8.4c)

Question 5

When lawyer knows a person is represented by counsel

Answer 5

Lawyer shall not communicate about subject of representation unless person’s attorney has consented

Question 6

Communicating with a person who is not represented by counsel

Answer 6

Shall not state or imply that attorney is disinterested. If lawyer knows or reasonably should know that person believes attorney is disinterested, attorney should correct.

Question 7

Talking to employees of corporate opposing party

Answer 7

Rules prohibit communications by a lawyer for one party concerning the matter in representation with persons in the organization’s “control group.”

Does not include former employees

Question 8

If client offers perjured testimony

Answer 8

Lawyer must promptly reveal unless the lawyer does not learn of it until after the conclusion of the proceedings.

Applies **even if it violates confidentiality

Question 9

If witness other than client perjures..

Answer 9

Lawyer must promptly reveal the perjury to the court

Question 10

Prohibition on false statements

Answer 10

Lawyers must not knowingly make false statements to the court AND must not engage in acts or omissions that amount to fraud before the court

Question 11

Duty for Unfavorable facts?

Answer 11

No general obligation to reveal unfavorable facts to the court. Unless prosecution with exculpatory evidence

Question 12

Objectives of representaiton

Answer 12

A lawyer shall abide by a client’s decisions concerning the objectives of representation

Question 13

Client’s role in settlement

Answer 13

An attorney is obligated to abide by a client’s decision, after consultation, whether to accept an offer of settelement

Question 14

Reaonsably informed

Answer 14

Attorney has duty to keep client reasonably informed about the matter

Question 15

Duty of diligence and promptness

Answer 15

Duty to act diligently and promptly despite opposition, obstruction or personal inconvenience