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Questions and Answers
What does the term 'informed consent' imply in legal terms?
What constitutes 'fraud' in a legal context?
The term 'reasonably should know' references what standard for a lawyer?
What does 'confirming in writing' entail when referring to informed consent?
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How is the term 'reasonably believes' defined in the context of a lawyer's conduct?
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Which statement best describes the term 'firm' in the legal context?
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The term 'screened' in a legal environment refers to what?
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What does the term 'knowledge' imply when used in legal terminology?
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Which of the following is NOT a screening procedure that should be implemented when a potential conflict arises?
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What denotes a 'tribunal' in the context of adjudicative bodies?
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In the context of conflicts of interest, which of the following is considered a personal interest?
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Which of the following terms describes a tangible or electronic record of a communication?
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What must be done when informed consent is obtained from a client?
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What constitutes a 'business transaction' concerning conflicts of interest?
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Which of the following correctly describes 'substantial' when referring to a degree or extent?
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Which of the following is NOT an aspect of a lawyer's obligation regarding conflicts of interest?
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Which of the following statements regarding the term 'fraud' in these rules is correct?
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Which of the following is considered a requirement for effective screening measures?
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Which of these is an example of nonlawyer conduct that may create a conflict of interest?
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What is indicated by the term 'authorized to practice law in this jurisdiction'?
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Which of the following best describes a 'screened lawyer or nonlawyer'?
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What is a crucial aspect of obtaining informed consent from a client?
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What is the ultimate authority regarding the objectives of legal representation according to the guidelines?
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Which action is a lawyer permitted to take on behalf of a client?
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Under what circumstance can a lawyer limit the scope of representation?
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In a criminal case, which decision must a lawyer abide by after consulting with the client?
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What does a lawyer's representation not imply regarding the client's views?
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What is a lawyer's obligation when a client wishes to pursue certain objectives?
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How should disagreements between a lawyer and a client regarding means to achieve objectives be resolved?
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What must a lawyer include in the communication with a client to ensure informed consent?
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What must a lawyer ensure about limitations on the scope of representation?
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What allows a client to revoke a lawyer's authority to act on their behalf?
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Which of the following factors is NOT relevant in assessing the adequacy of information provided for informed consent?
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Which of the following is a condition under which a lawyer may withdraw from representation?
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What might a lawyer need to do when representing a client in an unfamiliar field of law?
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Under what circumstance can a lawyer assume a client's consent?
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What should a lawyer do if limitations on the scope of representation are too restrictive?
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What characterizes legal representation provided by a lawyer in controversial cases?
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What is required for a lawyer to maintain competence in their field?
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What does competent representation NOT depend on?
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What is a legal aid agency's limitation related to client representation?
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When is it acceptable for a lawyer to give advice in an area they typically lack skill?
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What is a necessary condition for valid informed consent from a client?
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Which of the following statements regarding emergencies is true?
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Which aspect is least likely to affect the adequacy of information for informed consent?
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Which of the following is NOT a guideline for competent representation?
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What confirms the necessity for a lawyer’s continued competence?
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What is the primary reason for requiring an affirmative response for informed consent?
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Which of the following must not be assumed to represent consent?
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What is required of a lawyer before relinquishing responsibility for a matter that produced an adverse result?
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What is required for a client to provide informed consent to a limited representation?
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Which of the following is NOT a requirement of a lawyer when communicating with a client?
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How should a lawyer explain a matter to a client according to communication guidelines?
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Which action is prohibited under paragraph (d) concerning client representation?
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In what circumstance might a lawyer act without prior consultation with the client?
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What must a lawyer do if they discover a client is engaged in fraudulent conduct?
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Under ER 1.3, what does it mean for a lawyer to act with reasonable diligence?
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What must be communicated to the client regarding professional liability insurance?
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What should a lawyer do if they anticipate a conflict between a client's instructions and the Rules of Professional Conduct?
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What is one requirement for lawyers when receiving offers of settlement in civil cases?
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What is required if a lawyer knows the client expects assistance that is not permitted by law?
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What may be necessary for a lawyer to do when withdrawing from client representation due to fraudulent conduct?
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Which of the following best describes a lawyer's duty to a client in terms of handling their workload?
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What is the guiding principle regarding the information lawyers should provide to clients?
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If a lawyer finds themselves procrastinating in a case, what might be the potential consequence for the client?
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Which of the following actions is a lawyer expected to take regarding significant developments?
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What should a lawyer do if the client is incapable of making informed decisions due to a disability?
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What is the implication for a lawyer if the relationship with a client is terminated after a specific matter is resolved?
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What does ER 1.0(e) define concerning client consent?
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Which type of transaction must a lawyer avoid participating in, according to paragraph (d)?
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Under ER 1.5(b), what is necessary when communicating a lawyer's fee structure?
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What is the main purpose of the communication between the lawyer and client?
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Which of the following is a lawyer's duty when a significant decision must be made by the client?
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What does the duty of diligence NOT entail for a lawyer when representing a client?
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How does a lawyer keep the client reasonably informed about their matter?
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In what situation might a lawyer be charged with special obligations to a beneficiary?
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What must a lawyer clarify to prevent misunderstandings regarding their relationship with a client?
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Which factor is NOT considered in determining the reasonableness of a lawyer's fee?
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What is a 'true' retainer fee intended for?
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In what circumstance is a lawyer justifiable in withholding information from a client?
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Which type of fee arrangement is deemed earned upon payment, regardless of future work?
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Which of the following describes a situation where a contingent fee agreement is prohibited?
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When a lawyer changes the scope of representation, what must they do?
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What must a lawyer provide a client upon the conclusion of a contingent fee matter?
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Which of the following is true regarding fee arrangements in a domestic relations matter?
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What is a prohibited action concerning contingent fees?
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What must a lawyer do if there is a planned change in the basis or rate of fees?
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What does the reasonableness standard consider regarding contingent fees?
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Which of the following is a requirement for two or more law firms to divide a fee?
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An advance fee agreement must include which of the following?
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What should a lawyer avoid in a fee agreement to ensure proper client representation?
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Which action is strictly prohibited for lawyers regarding fee arrangements?
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What is often a common misconception about nonrefundable fees?
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What type of legal service may be exempt from the written fee communication requirement?
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In a new client-lawyer relationship, what must be established promptly?
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Which factor could a lawyer consider when assessing the reasonableness of their fee?
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Under what condition may a lawyer withhold the transmission of a psychiatric diagnosis?
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Which type of fee arrangement typically requires placing funds into a trust account?
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In evaluating expenses for which a lawyer seeks reimbursement, what is NOT a valid approach?
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What must lawyers consider when determining the reasonableness of a fee?
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What document should detail how fees are to be divided among multiple law firms?
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What limits the advance fee payment from being earned upon receipt in certain conditions?
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What restriction exists for lawyers regarding property as payment?
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Which statement is true regarding the responsibilities of a lawyer concerning fee agreements?
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Why is it advisable for lawyers to maintain contemporaneous time records for flat fee representation?
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What does the arbitration procedure established by the State Bar of Arizona address?
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In fee sharing, which of the following options is prohibited?
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Under which circumstance can a lawyer disclose client information without informed consent?
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Which of the following actions is NOT considered an acceptable disclosure of client information?
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What essential principle is contributed by the rule of client-lawyer confidentiality?
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What is a fundamental characteristic of the attorney-client privilege?
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Which of the following best characterizes the confidentiality rule's impact on client-lawyer relationships?
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What do the related bodies of law, such as attorney-client privilege and work product doctrine, primarily safeguard?
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Which ethical rule relates to the sharing of fees paid by a client for joint work?
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What is the primary purpose of the rule that prohibits lawyers from revealing client information without consent?
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What kind of information can a lawyer reveal if they believe it is necessary to prevent substantial injury to another's financial interests?
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Which is an acceptable reason for a lawyer to disclose client information?
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Which of the following best describes a lawyer's obligation when it comes to client information?
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Under what condition can lawyers reveal their client's intention to commit a crime?
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What must a lawyer do if their services are used to further a course of criminal conduct?
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Which of the following factors is NOT to be considered by a lawyer when determining reasonableness of efforts to safeguard client information?
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In the case of a concurrent conflict of interest, which condition allows a lawyer to proceed with representation?
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What is required of a lawyer when disclosing information that might harm another party due to the conduct of their client?
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After withdrawing from a client's representation, what must a lawyer avoid disclosing?
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Which of the following describes the duty of confidentiality in relation to former clients?
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Which aspect should a lawyer consider about the method used for communicating client information?
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What must occur for a lawyer to represent a client with a concurrent conflict of interest?
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Which is a condition under which a lawyer is mandated to withdraw from a case?
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What does a lawyer need to do when transmitting client information to avoid unauthorized disclosure?
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When considering the safeguarding of information, which of the following is NOT a factor in determining a lawyer's reasonable efforts?
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What does a lawyer need to consider when implementing special security measures for client information?
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What does ER 3.3 generally require in terms of disclosure?
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What is a situation in which a lawyer is impliedly authorized to disclose information about a client?
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Under what circumstance is a lawyer permitted to disclose a client's intention to commit a crime?
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Which of the following is NOT a circumstance where a lawyer must maintain confidentiality of client information?
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What does paragraph (c) mainly address regarding lawyer disclosures?
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What is the primary condition under paragraph (d) regarding disclosure of past conduct?
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Which of the following statements is inaccurate regarding confidentiality obligations of lawyers?
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How does the confidentiality rule apply to lawyers within the same firm?
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What constitutes a limited exception to the confidentiality rule?
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What obligation does a lawyer have if they learn of a client’s past crime post-commission?
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In situations where a lawyer's compliance with professional conduct rules is in question, what can they do?
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What is the implication of a lawyer revealing a client's identity during a hypothetical discussion?
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Which of the following is NOT a condition under which a lawyer must maintain confidentiality?
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When faced with a potential legal claim against them related to a client's conduct, what is a lawyer permitted to do?
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Which scenario may allow a lawyer to disclose confidential information without client consent?
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What is the primary purpose of allowing a lawyer to disclose limited information in the context of a potential conflict of interest?
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Under what condition may a lawyer be compelled to disclose client information despite the attorney-client privilege?
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Which of the following scenarios allows for the discretionary disclosure of client information?
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What must a lawyer do in response to a third party's assertion of complicity before any formal proceeding is initiated?
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What condition allows a lawyer to disclose information without the client's informed consent?
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Which of the following describes the restrictions imposed on a lawyer when disclosing information pursuant to paragraph (d)(7)?
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What is the responsibility of a lawyer if they receive an adverse ruling related to the disclosure of client information?
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What must a lawyer consider when assessing the likelihood of a conflict arising in their representation of clients?
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Which situation would not require a lawyer to comply with confidentiality rules?
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When may a lawyer represent a client if there is a close family relationship with another lawyer also involved?
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Which of the following best describes a lawyer's obligations regarding disclosure during potential mergers between firms?
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In what condition can a lawyer disclose more information than is typically permissible regarding a client?
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Under what circumstance can a lawyer accept payment from someone other than the client?
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Which of the following situations represents a nonconsentable conflict of interest for a lawyer?
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What principle does paragraph (d)(4) convey about a lawyer's right to defend fees earned in representation?
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What limitation exists regarding the information disclosed about a corporate client's legal matters during negotiations?
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What is required for a lawyer to obtain valid informed consent from a client?
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What aspect of a lawyer's representation is likely to be affected by conflicts of interest?
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What does the phrase 'fiduciary relationship' imply in the context of lawyer-client interactions?
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Under what condition must a lawyer first seek to persuade a client before making any required disclosures?
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In which case is a lawyer’s disqualification due to personal interest not imputed to other lawyers in their firm?
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When is it deemed that a conflict of interest is nonconsentable due to legal prohibitions?
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What must clients understand when providing informed consent in a common representation scenario?
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What determines whether clients' informed consent to a conflict is valid?
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What happens if a lawyer's representation is materially limited by their own interests?
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Which of the following defines the scope of conflicts of interest regarding multiple clients?
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Which risk must a lawyer evaluate before taking on representation involving multiple clients?
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What determines whether a lawyer can represent adverse parties in a mediation?
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What must a lawyer do when there is a material risk of conflict between their roles as a corporate lawyer and a board member?
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What is the main obligation of a lawyer when representing clients in a common representation scenario?
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Under what condition can a lawyer represent a corporation and also represent an affiliate in unrelated matters?
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Which consideration is crucial for a lawyer on a board of directors when advising the corporation?
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What must a lawyer disclose to their client when facing personal interest conflicts?
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What defines the scope of representation for clients in a common representation scenario?
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What distinguishes organizational representation from individual client representation?
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What must a lawyer do first to resolve a conflict of interest issue?
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How should conflicts of interest be managed when a lawyer has a financial interest in an opposing party?
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What is required for a conflict of interest to be considered consentable?
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When can a lawyer withdraw from representing a client in a common representation scenario?
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What action must a lawyer take if a conflict of interest arises after representation has begun?
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What does ER 1.9 protect each client from in terms of representation?
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Under what circumstance can a lawyer represent a seller and a buyer in related matters?
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What constitutes a direct adversity in legal representation?
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What scenario illustrates a material limitation conflict of interest?
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What is necessary for a lawyer to properly represent multiple clients in related matters?
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What must a lawyer do to prevent ignorance of potential conflicts of interest?
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Which condition is necessary for a lawyer to continue representing clients when conflicts emerge?
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What happens when a client refuses to consent to disclose information to another client?
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Which of the following best describes loyalty in a lawyer-client relationship?
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How should a lawyer handle a situation where obtaining written consent immediately is not feasible?
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What is a potential consequence of failing to address a conflict of interest before representation starts?
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What type of consent typically will not be effective for future conflicts?
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What circumstance makes advance consent ineffective for representing multiple clients?
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What should a lawyer do if unforeseen developments create a conflict during representation?
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Which statement correctly describes the impact of simultaneous representation of clients with economically adverse interests?
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Which type of representation is explicitly prohibited regardless of client consent?
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What factor may indicate the presence of a conflict in representing multiple clients?
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What is the primary risk to a lawyer when undertaking representation against a current client?
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What is crucial for a lawyer when advancing a legal position that could set a precedent?
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What document should a lawyer confirm to solidify informed consent?
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What is required in the writing confirming client consent?
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What does a lawyer need to consider when advocating for inconsistent positions for different clients?
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Which scenario may deem a lawyer's representation inadequate?
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What is a key reason for requiring a written consent?
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What should a lawyer do if they recognize a substantial risk of material limitation?
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What typically happens when a lawyer represents multiple clients with potentially adverse interests?
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Under which circumstance is a lawyer able to keep certain information confidential from common clients?
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In which situation might a conflict of interest arise during estate planning?
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What is a significant factor in determining if a conflict of interest exists?
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How should a lawyer approach informing clients about potential conflicts during common representation?
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What does common representation require of a lawyer regarding client loyalty?
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Which statement accurately reflects the concept of attorney-client privilege in common representation?
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What is a primary concern when a lawyer seeks to represent multiple parties?
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Why is it crucial for a lawyer to clarify their relationship with involved parties during representation?
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What could increase the risk of failure in common representation, reinforcing the need for withdrawal?
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What should a lawyer do if faced with incompatibility in a common representation scenario?
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What is a potential consequence of failing to maintain impartiality in common representation?
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What typically does NOT need to be secured by a lawyer when representing unnamed members in a class action?
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What is the effect of the attorney-client privilege among clients in common representation?
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What is required for a lawyer to enter into a business transaction with a client?
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Under what circumstance can a lawyer use client information to their disadvantage?
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What is true regarding a lawyer suggesting a substantial gift from a client?
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Which action is NOT permissible for a lawyer in relation to advancing costs for a client?
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What must a client receive concerning the desirability of seeking independent legal counsel when a conflict of interest arises?
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What is prohibited regarding a lawyer negotiating rights for media portrayal based on client representation?
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Which of the following accurately reflects the requirements for a lawyer's informed consent from a client?
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What differentiates acceptable financial assistance to a client from unacceptable assistance?
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Under what condition may a lawyer accept compensation for representing a client from someone other than the client?
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Which of the following is NOT a requirement for making an aggregate settlement for multiple clients?
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What is a condition under which a lawyer may settle allegations or claims with an unrepresented client?
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Which type of interest might a lawyer lawfully acquire while being involved in a client’s litigation?
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What must a lawyer do before engaging in a business transaction with a client?
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Under what circumstance is it acceptable for a lawyer to have sexual relations with a client?
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When can a lawyer limit their liability for malpractice through an agreement?
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What does a lawyer need to do to comply with the confidentiality of client information?
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Which of the following statements about conflicts of interest in representation is true?
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What scenario could prevent a lawyer from seeking a client's consent in a business transaction?
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What is a permissible reason for a lawyer to accept a gift from a client?
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Which of the following is a key aspect that a lawyer must disclose regarding dual roles in a business transaction?
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Which scenario would render a lawyer's representation directly adverse to another lawyer's client improper?
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What must a lawyer ensure when handling confidential client information?
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What action is prohibited by a lawyer regarding gifts from a client?
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Which financial arrangement is allowed when representing a client in a literary property transaction?
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Under what condition may a lawyer accept or continue representation when a third party is paying for the services?
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What is a permissible type of financial assistance a lawyer may provide to a client?
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Which situation represents a potential conflict of interest for a lawyer?
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What must a lawyer do to mitigate conflicts arising from aggregate settlements?
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What is the primary concern when a lawyer engages in soliciting substantial gifts from clients?
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Which of the following is NOT an acceptable form of financial assistance from a lawyer to a client?
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When a lawyer must inform a client about their financial interest in a representation arrangement, what must they include?
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Under what circumstance is a lawyer allowed to represent multiple clients with differing interests?
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How can a lawyer's role as an executor of a client's estate create ethical issues?
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Which best describes the consequences of a lawyer acquiring literary rights during representation?
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What is the significance of the doctrine of undue influence regarding client gifts to lawyers?
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What essential requirement must be fulfilled when informed consent is obtained from a client regarding third-party payment?
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What must a lawyer do before making a settlement offer on behalf of multiple clients?
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In what circumstance can a lawyer limit their liability for malpractice?
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Why are agreements that limit a person’s ability to report professional misconduct not binding?
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What is the main concern regarding a sexual relationship between a lawyer and a client?
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What must lawyers do when advised to find independent counsel for a client?
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What does the rule regarding acquiring a proprietary interest in litigation aim to prevent?
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What is a permissible exception for a lawyer acquiring a proprietary interest in litigation?
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Why are contracts for reasonable contingent fees governed by specific regulations?
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What general obligation does a lawyer have regarding informed consent?
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What underlying principle guides the ethical obligation in the lawyer-client relationship?
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Which of the following scenarios indicates a potential conflict of interest for joint representation?
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What responsibility does a lawyer have regarding independent representation for clients or former clients?
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In what situation can lawyers representing a class of clients avoid notifying every member?
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What is a primary risk when lawyers engage in personal relationships with clients?
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What is a primary reason a lawyer may be precluded from representing clients in conflicting matters?
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What circumstance may allow a lawyer to represent clients despite previous conflicting representations?
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In what situation can a lawyer freely take on a new client, despite a prior association with another firm?
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Which statement reflects the general principle regarding knowledge obtained by a lawyer in a partnership?
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Which of the following is a key consideration when a lawyer changes firms?
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What must a lawyer do with information obtained from previous clients to avoid conflicts?
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Why is it critical for lawyers to understand the concept of 'imputation' among colleagues?
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What is necessary for a lawyer to disclose to avoid disqualification under conflict of interest rules?
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What is the primary reason for prohibiting sexual relations between a lawyer and a client?
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How does the Rule treat sexual relationships that existed before the lawyer-client relationship?
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What can be inferred about general knowledge gained from representing an organizational client?
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What must a lawyer consider before representing a client with whom they have a prior sexual relationship?
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How is a lawyer’s obligation to preserve client confidentiality affected after leaving a firm?
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What does ER 1.10(b) specify about lawyers who changed firms?
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What is the implication of the prohibition against lawyers in the same firm engaging with clients of another lawyer?
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What is an essential requirement for a waiver of conflict of interest protections?
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Under what circumstance might a related lawyer represent a client in opposition to another lawyer related to them?
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What must a lawyer avoid after representing a former client?
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Which of the following is likely true regarding a lawyer's participation in discussions about clients?
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In which situation can a lawyer represent a new client after previously representing a former client?
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What does the term 'substantially related' refer to in relation to legal representation?
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When is a lawyer prohibited from representing a current client after previously representing a different party?
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Which situation exemplifies a potential conflict of interest for a government lawyer?
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How might a lawyer's involvement in a matter affect their ability to represent opposing clients later on?
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What guidelines must a lawyer follow when dealing with multiple clients who have previously been represented together?
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What is generally required for a lawyer to represent a new client in a matter similar to one previously handled for a former client?
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Which of the following is considered a primary duty of a lawyer towards a former client?
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Under what circumstances can a firm represent a person with interests materially adverse to those previously represented by a former associate?
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What does the term 'screening procedures' specifically refer to in the context of conflicts of interest?
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What condition must be satisfied for a disqualification to be waived by a client?
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Which of the following is NOT a requirement for a lawyer who is personally disqualified from participating in a matter?
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What must a firm do to prevent imputation of disqualification when a nonlawyer is involved?
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In the context of ER 1.10(b), what is a critical factor for a law firm's ability to continue representing a client?
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Which of the following factors is NOT considered when determining whether screening procedures are adequate?
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What does ER 1.11 govern specifically?
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When may a lawyer who became disqualified due to prior conduct before becoming licensed still represent a client?
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What must be included in the description provided to former clients regarding screening procedures?
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What condition for effective screening measures should a firm consider most seriously?
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Which of the following statements about conflicts involving lawyers who were formerly associated with a firm is correct?
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Which scenario does NOT qualify for screening if a lawyer is disqualified based on prior conduct before becoming licensed?
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Under ER 1.11(c), what is the primary condition for government lawyers when a former-client conflict arises?
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Which factor does NOT need to be considered when determining whether screening procedures are adequate according to the rules?
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What must occur when a lawyer is screened due to a conflict under ER 1.11?
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What must not occur if a lawyer is disqualified from participating in a matter due to a conflict?
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When can a lawyer serve as a public officer and still represent a private client?
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What is the ruling regarding compensation for a screened lawyer?
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Which of the following is NOT required when a lawyer is screened from participating in a matter?
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What qualifies as 'confidential government information' under the Rule?
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Which individual is typically authorized to give informed consent on behalf of a governmental entity?
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What does a lawyer with confidential government information not allow them to do, according to ER 1.11(b)?
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What does the Rule prevent a lawyer from doing regarding public office?
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Which circumstance could eliminate the need for informed consent when a lawyer changes employment?
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What is a key aspect of the screening provisions in the Rule?
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What does the term 'matter' encompass in the context of ER 1.11(d)?
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Which statement regarding screening procedures indicating their adequacy is correct?
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When may a lawyer jointly represent a private party and a government agency?
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What is required for a law firm to continue representation when a lawyer in the firm is disqualified?
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According to ER 1.11(c), what must a lawyer avoid when serving as a public officer?
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What must happen immediately after the need for screening becomes apparent?
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When could a lawyer potentially be disqualified from a matter?
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What must be included in the written notice when a lawyer is disqualified?
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What does the term 'successive clients' refer to in accessing confidential information?
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Under what condition can a personally disqualified lawyer represent a client again?
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Which aspect does NOT contribute to determining the adequacy of screening procedures?
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Under which circumstance is a lawyer prohibited from negotiating for employment?
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How does the Rule regard the representation of a government agency when a lawyer has previously worked with another agency?
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When must a lawyer take steps to refer a legal violation to higher authority within an organization?
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Which statement is true regarding a lawyer's ability to reveal organizational information?
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What prohibition remains when a lawyer is screened from a matter based on prior knowledge?
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Which parties must be notified of the screening procedures when a disqualified lawyer is involved?
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What does the Rule imply regarding lawyers transitioning between government positions?
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What best defines the term 'adjudicative officer' as used in legal contexts?
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When may a lawyer not rely on imputed knowledge in a conflict of interest situation?
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What obligation does a lawyer have when an organization’s highest authority ignores a legal violation?
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What must a lawyer ensure before taking on representation involving a risk of related conflict?
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Which scenario best exemplifies a successive client relationship impacting confidentiality?
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Which of the following actions is a third-party neutral lawyer prohibited from doing?
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What is required of a lawyer regarding screening measures if they are disqualified?
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What denotes a law firm's compliance when a disqualified lawyer is screened?
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What is the consequence if a lawyer does not act upon a clear violation by an organization's authority?
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What role does timely notice play in the context of disqualification and screening?
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What legal action can shareholders or members of a corporation take against directors?
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In what situation might a conflict arise for a lawyer representing an organization?
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What should a lawyer do if they believe their client has diminished capacity?
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What does ER 1.6 protect in relation to clients with diminished capacity?
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Which of the following factors does a lawyer consider when taking protective action for a client?
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What aspect of the lawyer-client relationship is affected when a client has diminished capacity?
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Which action is a lawyer allowed to take when a client is at risk of substantial harm due to diminished capacity?
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What should a lawyer do if a guardian has been appointed for a client with diminished capacity?
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What principle should guide lawyers in taking protective action for clients with diminished capacity?
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What is a key characteristic of clients with diminished capacity in legal matters?
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Which situation would require a lawyer to prevent or rectify a guardian's misconduct?
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What is expected from a lawyer when dealing with a severely incapacitated person?
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What role does the lawyer have when consulting with support groups for a client with diminished capacity?
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What must a lawyer avoid disclosing unless authorized by law or the client?
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In determining a client's capacity, which factor is least relevant?
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What action may a lawyer take in an emergency involving a person with diminished capacity?
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Under what condition may a lawyer deposit their own funds into a client trust account?
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Which is a key consideration for appointing a legal representative for a client with diminished capacity?
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What limits a lawyer's disclosures when consulting with others about a client?
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Which of the following is NOT included in the factors a lawyer must evaluate for a client's decision-making capacity?
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What must a lawyer do to maintain the status quo in an emergency scenario?
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Which duty does a lawyer assume when representing a person with diminished capacity in an emergency?
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What is a potential consequence of disclosing a client’s diminished capacity?
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What is a primary concern about appointing a guardian or conservator for a client?
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When may a lawyer disclose client information under ER 1.6?
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Under what circumstance may a lawyer disclose information about an organization without breaching confidentiality?
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For what reason might a lawyer decide against appointing a representative for a client with diminished capacity?
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What should a lawyer do when handling a client's property?
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How does the role of a lawyer change when representing a governmental organization compared to a private entity?
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What must a lawyer do if they believe their actions could be grounds for discharge by the organization?
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What limitation is placed on a lawyer's authority to disclose information when engaged to investigate a violation of law?
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In which scenario may a lawyer be required to withdraw from representation under Rule 1.16?
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What must a lawyer clarify if a conflict arises between a governmental entity and its constituents?
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What consideration must a lawyer take when a potential conflict of interest arises?
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What is necessary for an organization to maintain the benefits of legal counsel during an investigation?
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When a lawyer represents an organization, what must be prioritized concerning communication?
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Which of the following best describes the authority under which government lawyers operate?
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What responsibility does a lawyer have regarding potentially adverse interests within an organization?
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What must a lawyer consider when deciding to disclose a client's confidential information?
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What defines a lawyer's engagement by an organization in terms of ethical obligations?
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What instruction must a lawyer provide if constituents within an organization face conflicting interests?
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Which of the following statements accurately reflects a lawyer's obligations regarding the representation of an organization?
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When can a lawyer represent both an organization and its constituents?
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Which scenario best illustrates a situation where a lawyer must report to higher authority within an organization?
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What is the primary role of an organizational client as described?
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Which statement about constituents of an organizational client is accurate?
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How should a lawyer approach decisions made by constituents regarding internal matters of an organization?
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Under what condition can a lawyer take measures when they believe an officer's actions may harm the organization?
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What should a lawyer do if a constituent continues with conduct contrary to their advice?
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What does ER 1.6 indicate regarding the disclosure of information to constituents?
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In the event of dual representation, how must consent be provided by the organizational client?
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What course of action is a lawyer permitted to take if they believe it is necessary to protect the organization’s interests?
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Which factor is NOT relevant when determining how a lawyer should respond to a potential violation within an organization?
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Which of the following best describes the duty of a lawyer when representing an organizational client?
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What distinguishes the position of a lawyer representing an organization versus representing individuals?
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What is a lawyer's primary obligation regarding a lawyers' fund for client protection?
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Which fees must lawyers maintain sufficient funds to cover in their trust accounts when accepting credit card payments?
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What is the purpose of the notice a lawyer must provide before distributing funds in their possession?
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Under what condition may a lawyer hold advance payment funds related to their service in a client trust account?
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What additional requirement do the 2009 amendments to E.R. 1.15 impose on lawyers regarding credit card transactions?
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What is the consequence of a chargeback in relation to a lawyer's trust account?
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What must a lawyer explain to a client before distributing funds that third parties might claim interest in?
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Which piece of legislation outlines the rules for trust account verification?
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What must a lawyer do upon receiving property that a client or third party has an interest in?
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What is one legal obligation a lawyer has when handling third-party funds?
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If competing claims to property are present, what action must a lawyer take regarding the disputed property?
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What is required before distributing disputed funds to a client?
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What must the notice for distributing funds generally include?
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When are lawyers not required to maintain their own funds in trust accounts?
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Under which condition can a lawyer distribute property to a client if third-party claims exist?
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What must a lawyer ensure when it comes to keeping client funds separate?
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What type of consent is necessary for a lawyer before distributing funds according to the notice requirements?
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What is a primary risk for lawyers when distributing funds that third parties may claim an interest in?
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What must the lawyer do if they are notified of a legal action within 90 days regarding disputed funds?
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What is the lawyer's obligation when there are just claims from third parties against client funds?
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What does 'chargeback fee' refer to in the context of credit card transactions?
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What happens if there is a dispute regarding the person entitled to the funds?
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In what situation is a lawyer allowed to commingle client funds with their own?
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What is NOT allowed regarding a lawyer retaining disputed funds?
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What is required of lawyers in terms of records when handling client funds?
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If a lawyer serves solely as an escrow agent, what governs the lawyer's activities?
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What role does a lawyer's fund for client protection serve?
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What must a lawyer do before releasing control of a matter that yields adverse results?
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What must a lawyer do to avoid prejudice to a client's rights after being discharged?
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Which document type is NOT typically entitled to a client upon the close of representation?
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If a client fails to take any action within ninety days of receiving notice about the sale of a law practice, what is presumed?
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What must be disclosed to clients regarding file retention policies?
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Before providing a purchaser access to client files during the sale of a law practice, what must the seller do?
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Under what circumstance can a law practice be sold without notifying every client?
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How should a lawyer handle increases in fees charged to clients during the sale of a practice?
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What is required before a lawyer can disclose in camera client information to a court regarding a practice sale?
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What ethical obligation does a lawyer have if a client desires to take action against their own interest?
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What action is prohibited to be financed by increasing fees when selling a law practice?
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Under what circumstance is a lawyer required to withdraw from a client's representation?
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Which of the following is NOT a valid reason for a lawyer to withdraw from representation?
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What must a lawyer do upon terminating representation?
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When is it permissible for a lawyer to withdraw due to the client's demands?
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What could happen if a client with severely diminished capacity wishes to discharge their lawyer?
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Which of the following statements about mandatory withdrawal by a lawyer is true?
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Which factor is NOT considered 'good cause' for a lawyer to withdraw from a case?
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What should a lawyer consider when a client insists on actions that the lawyer finds repugnant?
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What is required when a lawyer withdraws due to the fulfillment of a client's obligations?
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What must occur when a tribunal orders a lawyer to continue representation despite good cause for withdrawal?
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When is it appropriate for a lawyer to retain documents reflecting work done for a client?
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What is the main responsibility of a lawyer after terminating representation?
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Which of the following scenarios illustrates an appropriate voluntary withdrawal by a lawyer?
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What defines a prospective client in the context of legal consultation?
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Under what condition can a lawyer represent a client with interests adverse to a prospective client?
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What is required of a lawyer if they are disqualified from representing a client due to information received from a prospective client?
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Which of the following is a necessary component of the screening process when a lawyer is disqualified?
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What information must be included in the written notice sent to a prospective client?
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What is one of the main implications of a lawyer consulting with a prospective client?
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When may a lawyer use information obtained from a prospective client?
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Which factor does NOT affect a lawyer's obligation to a prospective client?
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What should a lawyer prioritize when providing advice to a client experiencing legal issues?
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In what scenario should a lawyer offer unsolicited advice to a client?
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What must a lawyer do when evaluating a client's matter for a third party?
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Which of the following reflects the appropriate relationship between a lawyer and a third party when an evaluation is made?
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How should a lawyer handle a situation where a client wants only technical advice?
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What is the primary role of a lawyer when providing evaluations for third parties?
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If a lawyer is approached for advice but knows it contradicts established legal guidelines, what should they primarily consider?
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Which of the following should NOT be overlooked when a lawyer prepares an evaluation affected by the client’s interests?
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When might a lawyer NOT need to provide advice to a client?
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What is the implication for a lawyer if the evaluation could adversely affect the client’s interests?
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Which statement accurately describes the limitations on a lawyer’s duty to one-time clients?
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What is an essential consideration for a lawyer when differentiating between evaluations and investigations?
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Why might a lawyer recommend consulting with professionals from other fields?
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What is a primary duty of a lawyer when acting as a third-party neutral?
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Under which rule must a lawyer take reasonable remedial measures if they learn evidence is false?
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What constitutes a frivolous action in legal terms according to the rules of professional conduct?
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What is the primary focus of ER 3.2 in the context of litigation?
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What should a lawyer do if they discover that a witness they called has provided false testimony?
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What must a lawyer ensure when filing an action on behalf of a client?
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What does ER 1.12 specifically address regarding conflicts of interest?
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Which of the following best describes the obligations when a lawyer serves a client in both a neutral capacity and as a representative?
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In which scenario can a lawyer represent a client despite knowing that the client intends to engage in criminal or fraudulent conduct?
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What defines a lawyer's duty of candor in relation to tribunals?
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What is considered an improper purpose for delaying even in contentious litigation according to ER 3.2?
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Under ER 3.3, which action is a lawyer specifically prohibited from doing?
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What fundamental principle does ER 3.1 convey regarding a lawyer’s claims in litigation?
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When can a lawyer ethically withdraw from representing a client according to professional conduct rules?
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What is a lawyer's responsibility when they come to know that a client has offered false evidence during a deposition?
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What is the duty of a lawyer regarding the presentation of evidence they know to be false?
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In legal proceedings, what must a lawyer do if they are aware of pertinent legal authorities that have not been disclosed by the opposing party?
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What does a lawyer need to do if they know a client's testimony will be false but the client still wishes to testify?
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If a lawyer has reasonable belief that evidence is false, how should they proceed?
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What constitutes dishonesty in a lawyer's legal argument?
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What is implied if a lawyer presents evidence they believe to be true but later learns it was false?
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In what situation is a lawyer required to present a client’s testimony, even if it may be false?
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How should lawyers handle submissions made on their own knowledge, such as affidavits?
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What should a lawyer do if they suspect the evidence presented by a witness is false?
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If a lawyer fails to disclose relevant adverse authority, what is their obligation?
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What can be inferred about a lawyer's knowledge of false evidence?
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What is the primary ethical obligation of an advocate regarding the conduct of a client who wishes to commit fraud?
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What is the highest priority of a lawyer when presenting a case before a tribunal?
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What constitutes a consultation with a lawyer for a prospective client?
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What must a lawyer do when dealing with potential clients to protect confidentiality?
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Under what condition can a lawyer represent a client with interests adverse to those of a prospective client?
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What should happen if a lawyer discovers a conflict of interest during initial consultations?
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What does the term 'informed consent' chiefly involve in the context of initial consultations?
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How can a lawyer avoid liability for acquiring disqualifying information?
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What is improper conduct when offering assistance to a witness?
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Which action is permissible for a lawyer during the discovery process?
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Which statement accurately reflects the obligations of a lawyer during a consultation with a prospective client?
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What is prohibited during trial regarding irrelevant matters?
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What characterizes a lawyer's duty to render candid advice?
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What aspect defines the circumstances under which a prospective client is not able to establish a client-lawyer relationship?
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Under which condition can a lawyer advise a person not to give information?
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Which of the following statements correctly describes the screening procedures for lawyers in conflict situations?
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Which of the following actions is a violation of proper lawyer conduct regarding tribunal officials?
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What is the consequence of altering, concealing, or destroying evidence?
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What conditions govern the acceptance of information from a prospective client by a lawyer?
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In the context of a lawyer’s duties, how should they approach the moral implications when advising a client?
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How should a lawyer conduct themselves to maintain the integrity of the tribunal?
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What is a key requirement for a lawyer in terms of conducting themselves during both initial consultations and ongoing representation?
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When can a lawyer temporarily possess evidence related to a client's crime?
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Which guideline must a lawyer follow when interacting with tribunal officials?
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What differentiates a consultation from mere information inquiries in legal representation?
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What type of witness compensation is generally considered improper?
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What should a lawyer avoid discussing with a juror after discharge?
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Which method is NOT effective in preventing disruptions during tribunal proceedings?
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What does applicable law typically state regarding evidence destruction?
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In what circumstance can a lawyer by law communicate ex parte with tribunal officials?
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What is true about a lawyer providing advice to the tribunal?
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Which of the following statements accurately reflects the restrictions on extrajudicial statements by lawyers involved in a case?
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What is one exception that allows a lawyer to make a statement despite the general prohibition?
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Which type of information is NOT permissible for a lawyer to publicly disclose according to the listed exceptions?
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Under which circumstance must a lawyer refrain from making extrajudicial statements?
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Which option correctly reflects a lawyer's obligation regarding their statements related to a case?
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In what type of litigation might special rules of confidentiality apply?
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What aspect must lawyers consider to ensure compliance with ex parte communication regulations?
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Which of the following must a lawyer avoid when providing advice to the tribunal concerning a matter?
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Why is confidentiality particularly emphasized in the context of legal proceedings?
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What must lawyers do if they wish to comment on a case after an adverse publicity event?
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Which option is NOT a factor that governs the permissibility of a lawyer's extrajudicial statement?
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Which of the following statements about trial publicity is correct?
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Which scenario would NOT represent a breach of the attorney’s ethical duties regarding ex parte communications?
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What must a lawyer do if they know their client has offered false testimony?
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What should a lawyer do first if they know their client intends to engage in fraudulent conduct?
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What is a potential consequence for a client if a lawyer discloses false testimony?
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In the context of a lawyer's ethical obligations, what does compliance with the duty of candor entail?
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What typically marks the conclusion of a proceeding for a lawyer's obligation to rectify false evidence?
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In an ex parte proceeding, what is the lawyer's primary responsibility?
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What can happen if a lawyer complies with their duty of candor to the tribunal?
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What aspect is likely to be prejudicing an impartial trial in cases involving criminal proceedings?
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Under what circumstances can a lawyer seek permission to withdraw from a case?
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How should a lawyer respond to a client who insists on silence about false evidence?
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Which statement could lead to confusion in a courtroom setting regarding a lawyer's dual role as advocate and witness?
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Which of the following actions would be considered a breach of a lawyer's duty to the tribunal?
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Under what condition is a lawyer permitted to act as both advocate and witness in the same trial?
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Which of the following is NOT a factor that might determine whether prejudicial statements are permissible?
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What must a lawyer do when addressing the issue of potentially criminal conduct by their client?
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What should a lawyer do if the client refuses to comply with the terms of an evaluation halfway through the process?
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When acting as a third-party neutral, what must a lawyer ensure about unrepresented parties?
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What is one primary consideration that arises when determining the likelihood of misdirection in a trial involving a lawyer acting as both advocate and witness?
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What is required for a lawyer to maintain their ability to continue representing a client after disclosure of false evidence?
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Which scenario does NOT support a lawyer acting as an advocate in cases where another lawyer from their firm may need to testify?
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What approach should a lawyer take towards their client's testimony during a deposition?
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What does ER 1.6 primarily protect regarding an evaluation?
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Under what circumstance is a lawyer required to obtain the client's consent before sharing an evaluation?
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How does ER 1.6 relate to a lawyer's duties when confronted with a client’s false statement?
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What potential risk does combining the roles of advocate and witness pose in a legal proceeding?
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When might a lawyer be disqualified from acting as an advocate due to the necessity of their testimony?
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What type of evaluations may a lawyer conduct while representing a client?
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What must be included in an evaluation report if there are limitations on the investigation?
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In situations involving extrajudicial comments, which circumstance may mitigate the potential for prejudice?
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What characterizes the sensitivity of criminal jury trials compared to civil trials regarding extrajudicial speech?
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What is a lawyer serving as a third-party neutral also referred to as?
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Which of the following best explains why disclosing that a defendant has been charged with a crime is sensitive information?
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What must a lawyer secure if there is a conflict of interest concerning dual role representation?
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What distinguishes a lawyer’s conduct as a third-party neutral from their role as a client representative?
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What aspect of financial auditors' interactions with lawyers is outlined in the procedures?
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In which situation is a lawyer likely to face disqualification when serving as both an advocate and a witness?
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Under what condition may other lawyers in a firm represent a client if one lawyer is disqualified due to conflict?
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What requirement is imposed on lawyers when they receive advance fees for serving as a neutral?
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What limitation exists when it comes to a lawyer's duty to respond to extrajudicial statements made by others?
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What does the prosecutor need to refrain from when handling unrepresented accused individuals?
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Which code of ethics might govern a lawyer's conduct as a third-party neutral?
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What is the primary obligation of a prosecutor in a criminal case?
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Which of the following implications arises when a lawyer combines the roles of advocate and witness?
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In the context of serving as a neutral, what common issue may arise with unrepresented parties?
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When may a prosecutor subpoena a lawyer in a criminal proceeding?
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What action should a prosecutor take upon discovering credible evidence that suggests a convicted defendant's innocence?
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What potential conflicts might exist when a lawyer acts as both advocate for a client and evaluator of related transactions?
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What does the term 'conflict of interest' mean in the context of legal representation?
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Study Notes
Terminology in Legal Context
- "Belief" indicates a person's acceptance of a fact as true, inferred from circumstances.
- "Confirmed in writing" means the informed consent is documented in writing or confirmed by a lawyer shortly after an oral consent.
- "Firm" refers to a legal entity comprising lawyers providing legal services; might include various affiliations.
- "Fraud" encompasses deceptive conduct as defined under jurisdictional law, specifically aimed at misleading others.
- "Informed consent" involves a person's agreement following thorough information about risks and alternatives from a lawyer.
- "Knowingly" signifies actual awareness of a fact; this can be inferred from context.
- "Reasonable" denotes actions reflecting the standards of a prudent, competent lawyer.
- "Reasonable belief" suggests a lawyer's belief is justified based on surrounding circumstances.
- "Reasonably should know" implies a lawyer of appropriate prudence would uncover certain facts.
- "Screened" indicates the separation of a lawyer from a matter to protect confidential information; includes implementing notification and access-denial procedures.
- "Substantial" describes matters of clear, significant importance or impact.
- "Tribunal" refers to any adjudicative body such as courts or arbitrators determining legal outcomes.
- "Writing" and "written" includes various tangible and electronic communication forms; includes signed documents, which can encompass electronic indications of intent.
Business Transactions and Conflicts of Interest
- "Business transaction" includes services provided to existing legal clients among others; does not cover ordinary fee arrangements.
- "Personal interests" in conflicts can involve self-conduct, nonlawyer referrals or undisclosed financial interests.
- "Authorized to practice law" means individuals providing legal services in compliance with jurisdictional rules.
- "Nonlawyer" identifies individuals not licensed or authorized to practice law in a specific jurisdiction.
Competent Representation
- Lawyers must provide competent representation, characterized by required legal knowledge, skill, thoroughness, and preparation.
- Relevant factors for competence include the complexity of the matter, the lawyer's experience, and the feasibility of consulting more competent lawyers.
- New lawyers can demonstrate competence comparable to seasoned practitioners given adequate study and preparation.
- Thorough preparation is critical, particularly for serious or complex matters.
Maintaining Competence
- Lawyers should stay informed about legal changes and technology, engaging in ongoing education to meet competence standards.
Scope of Representation
- Lawyers should align with a client's decisions on representation objectives, ensuring informed consent for scope limitations.
- Representation does not endorse a client’s views or actions.
- Lawyers must not support or aid in illegal or fraudulent activities but can discuss legal consequences with clients.
Independence in Representation
- Legal representation should not be denied based on a client's financial status or the controversial nature of their case.
- Limiting scope of representation is permissible within reasonable boundaries agreed upon by the lawyer and client.
- Such limitations must serve the client’s specific needs and objectives without being impractical.### Limited Representation
- Lawyers are required to provide competent representation even when the scope is limited.
- Limited representation agreements should clearly define the scope, typically communicated with fee arrangements.
- Informed consent from the client does not need to be in writing, but important to discuss limitations.
Criminal Conduct and Fraud
- Lawyers must not counsel or assist clients in criminal acts or fraud, but can discuss likely legal outcomes.
- Distinction exists between analyzing questionable conduct and promoting illegal actions.
- If a lawyer discovers that previous legal actions assumed valid are actually fraudulent, withdrawal from representation is necessary.
- In some instances, lawyers may need to disclose information to avoid being implicated in a client's illegal actions.
Diligence in Representation
- Lawyers must act with reasonable diligence and promptness, overcoming opposition or inconvenience.
- Procrastination by a lawyer can severely impact a client’s legal position.
- Clarity in communications is essential regarding the status of representation and potential appeals.
Communication Obligations
- Lawyers must keep clients informed of decisions requiring their consent and consult on means to achieve objectives.
- Clients should be updated on significant developments; reasonable requests for information must be promptly addressed.
- Communication must ensure clients can make informed decisions about their representation.
Fee Agreements
- Lawyers must charge reasonable fees, considering factors like labor, skill, and customary local rates.
- Written communication of fees and changes must be provided before representation or within a reasonable time afterward.
- Contingent fee agreements must be in writing, specifying calculation methods and notifying clients about potential costs.
- Certain restrictions apply to fees in divorce cases, criminal defense, and non-refundable fee arrangements.
Professional Conduct and Client Relationships
- Clients expect clear communication about behalf actions, especially during critical decision-making moments.
- Lawyers can charge for advances and expenses but must return unearned portions and clarify any property as payment.
- Written agreements regarding terms of engagement reduce misunderstandings and clarify client responsibilities.### Ethical Guidelines for Lawyer Fees and Representation
- Agreements limiting a lawyer's services based on anticipated client needs are prohibited to prevent conflicts of interest.
- Lawyers should adequately explain to clients if services are capped, especially when more extensive work is likely needed.
- It is acceptable to limit services based on a client's financial situation, but lawyers must not exploit fee arrangements through inefficient practices.
- Alternative fee arrangements must be discussed with clients if doubt exists regarding the best interests served by a contingent fee.
Contingent Fees Prohibition
- Charging contingency fees for domestic relations matters, specifically in divorce cases or amounts related to alimony or settlements, is prohibited.
- Exceptions exist for contingent fees related to recovery of post-judgment balances due under support or financial orders.
Types of Advance Fee Payments
- Classic retainers ensure a lawyer's availability and prevent conflict of interest in representation.
- Advance fee deposits serve as security for future earned fees but are not considered payment until services are rendered.
- Flat fees are fixed amounts for specific services, which may or may not require upfront payment.
- Nonrefundable fees are earned upon payment and cover all future work, but clients may still claim refunds if deemed reasonable.
Fee Dispute Resolution
- The State Bar of Arizona offers an arbitration procedure for attorneys and clients facing fee-related disputes.
- Lawyers in specific representations may have prescribed procedures for determining fees.
Confidentiality of Client Information
- Lawyers must not reveal client-related information without informed consent unless limited exceptions apply.
- Disclosures are permitted to prevent serious physical harm or criminal acts when a client intends to commit them.
- Lawyers may disclose necessary information to prevent financial injury resulting from a client's wrongdoing.
Disclosures Regarding Criminal Conduct
- Ethics rules allow lawyers to reveal clients' intentions to commit crimes to prevent such actions, provided the information leads to prevention.
- If a crime is completed, lawyers may facilitate mitigation of the resulting financial losses.
Inadvertent Disclosure Prevention
- Lawyers must make reasonable efforts to protect client information from unauthorized access or disclosure.
Authorized Disclosures
- Lawyers can disclose client information to carry out representation, including admitting undisputed facts.
- Inter-firm disclosures are permitted in legal practice, provided confidentiality requirements are met and the client hasn't restricted this sharing.
Conflicts of Interest and Disclosure
- Limited disclosures are allowed to identify and resolve conflicts of interest when lawyers consider new associations or mergers.
- Information shared must prioritize client confidentiality and should be narrowly focused on detecting potential conflicts.
Overall Confidentiality Principle
- The attorney-client privilege and confidentiality are vital for fostering open communication, encouraging clients to seek legal advice without fear of repercussions.
- A foundational principle is that lawyers are obligated to protect client information comprehensively, reinforcing trust in the legal relationship.
Conflict of Interest in Legal Representation
- A lawyer must not engage in business transactions with clients unless terms are fair, disclosed in writing, and clients are advised to seek independent counsel.
- Informed consent must be obtained from the client, confirming understanding of transaction terms and the lawyer's role.
- Information from client representation cannot be used disadvantageously without informed consent from the client.
Solicitation of Gifts
- Lawyers are prohibited from soliciting substantial gifts from clients, including testamentary gifts, unless they are related.
- Gifts must be fair and reasonable; otherwise, clients may void them under undue influence.
Financial Assistance and Representation
- Lawyers cannot provide financial assistance for litigation expenses unless advancing court costs or representing indigent clients.
- Third-party compensation for legal services is allowed only if it doesn't interfere with the lawyer's professional judgment and informed consent is obtained from the client.
Aggregate Settlements and Client Informed Consent
- Lawyers representing multiple clients cannot settle claims without informed consent from all clients involved.
- Disclosure of all material terms of a settlement is required to ensure each client understands their stake.
Limiting Liability and Settling Malpractice Claims
- Agreements limiting lawyer liability for malpractice are prohibited unless the client has independent representation.
- Lawyers must advise unrepresented clients of the benefits of seeking independent counsel when settling malpractice claims.
Proprietary Interest and Litigation
- Prohibition exists on lawyers acquiring proprietary interests in client litigation, except for lawful liens securing fees or reasonable contingent fee agreements.
- Lawyers’ interests in litigation must not hinder a client’s ability to discharge them.
Client-Lawyer Sexual Relationships
- Sexual relations between lawyers and clients are strictly prohibited to avoid potential exploitation and impairment of professional judgment.
- Such relationships can undermine the integrity of the lawyer's representation and client confidentiality.
Firm-wide Application of Rules
- Prohibitions outlined are applicable to all lawyers within a firm, ensuring a collective compliance with conflict of interest rules.
Special Considerations for Lawyer-Client Relationships
- Relationships between clients and lawyers must maintain a fiduciary foundation to prevent misuse of client trust.
- Informed consent is critical, particularly in situations where lawyers have potential conflicts due to personal interests or associations.
Ethical Duty and Confidentiality
- Lawyers must protect client information and ensure confidentiality remains intact despite any financial arrangements or third-party involvement.
- Ethical obligations exist to prevent any exploitation of the client’s trust, particularly in sensitive situations.### Sexual Relationships and Client-Lawyer Dynamics
- Sexual relationships formed prior to the client-lawyer relationship are not prohibited.
- Client dependency issues are less pronounced when sexual relationships predate legal representation.
- Lawyers must assess if the sexual relationship materially limits their representation ability, referencing ER 1.7(a)(2).
Specific Prohibitions in Organizational Contexts
- Lawyers representing organizations cannot have sexual relationships with constituents who oversee them in legal matters (ER 1.8(j)).
Imputation of Prohibitions
- Prohibitions on individual lawyers also apply to all lawyers within the same firm regarding conflicts of interest.
- For example, one lawyer cannot transact with a client of another lawyer in the firm without following appropriate guidelines.
Personal Relationships Between Lawyers
- Lawyers related as family members or cohabitants must obtain informed consent from all clients to represent someone in matters where another relative is involved (ER 1.8(l)).
- Disqualification due to familial relationships typically does not apply to associated firm members.
Duties to Former Clients
- A lawyer cannot represent a new client in a matter that is substantially related to a past client's interests without informed consent.
- Using confidential information from a former client's representation to their disadvantage is prohibited unless permitted by rules or the information is public.
Definition and Scope of "Matter"
- A "matter" can vary depending on context; specific involvement in a transaction limits future representation against former clients.
- Confidential information known to a lawyer cannot be used against a former client in related legal matters.
Representation After Association Changes
- If a lawyer leaves a firm, their previous representation may not disqualify the new firm from taking on representation unless specific conditions are met.
- Screening procedures may be implemented to avoid disclosure of protected information.
Screening Procedures for Disqualification
- Firms can adopt screening procedures to manage conflicts when a lawyer with protected information joins, ensuring confidentiality.
- These procedures must be effective in preventing access to sensitive information by those currently working on the case.
Imputation and Informed Consent
- Disqualification from representing clients may be waived with informed consent unless a severe risk of conflict remains.
- Factors influencing the effectiveness of screening procedures include technology use, size of the matter relative to firm size, and awareness of firm personnel.
Conclusion of Professional Relationship Guidelines
- Firm members must continue to respect confidentiality and protect former clients' interests after a lawyer's departure.
- Affected clients can consent to representations under specified guidelines ensuring risk awareness and protection of information.### Special Conflicts of Interest for Lawyers
- Lawyers cannot represent a private client in a matter they handled as a public officer/employee unless the government agency gives informed, written consent.
- Disqualified lawyers must be screened from the matter and cannot receive any part of the related fees.
- Notification to the appropriate government agency is required, detailing screening procedures and confirming no disclosure of confidential information.
- Lawyers with confidential government information cannot represent a private client against the subject of that information if it could disadvantage that person.
- Current public officers are restricted from participating in matters they previously handled in private practice unless legally authorized.
- They cannot negotiate private employment with parties involved in the matters they are currently engaged in.
Definition of Key Terms
- Matter: Refers to judicial or other proceedings, contracts, investigations, and claims involving specific parties.
- Confidential Government Information: Information obtained under government authority, not publicly disclosed, which cannot be shared without legal permission.
Regulatory Framework
- The rules prevent lawyers from leveraging public office for personal client gain, promoting ethical standards.
- Statutes and regulations can limit the government's ability to consent to representations that would otherwise breach these rules.
- Proper consent typically comes from high-ranking officials, like attorneys general, rather than agency managers.
Employment Transitions
- Lawyers moving between firms should not face excessive barriers due to stringent conflict rules.
- Procedures for screening disqualified lawyers are outlined, ensuring they do not impact the representation adversely.
Former Judges and Arbitrators
- Lawyers cannot represent clients in matters where they acted as judges or mediators unless all parties agree in writing.
- Timely notification and screening procedures must be established if a disqualified lawyer's firm continues representation.
- A partisan arbitrator in a multi-member panel can later represent that party without conflict.
Organizational Representation
- Lawyers represent organizations through authorized constituents (e.g., officers, employees).
- If constituents act against legal obligations resulting in potential harm to the organization, lawyers must address this, potentially escalating issues to higher authorities within the organization.
- Lawyers may disclose information necessary to prevent substantial harm, provided it does not pertain to ongoing investigations or defense-related contexts.
- Lawyers communicating with organizational constituents do so with an understanding that these communications are protected.
Authority and Decision-Making
- Organizational constituents' decisions must generally be accepted by the lawyer, despite doubts about prudence.
- Serious actions or violations should prompt the lawyer to act in the organization's best interests, considering various factors such as seriousness and motivation.
- Referral to higher authorities is typically necessary but could be avoided if a misunderstanding is involved and can be clarified.
Ethical Responsibilities
- Lawyers who believe their discharge results from duties performed per these standards must ensure the organization's leadership is informed of the circumstances and their withdrawal.
- Effective communication about dual representations must occur when the organization’s interests conflict with those of individual constituents, ensuring transparency and ethical compliance.
Duties to Prospective Client
- A prospective client consults a lawyer to explore a potential client-lawyer relationship without immediate engagement.
- Confidentiality obligations protect any information gained from prospective clients, even if no representation commences.
- Lawyers must not represent a client with interests adverse to a prospective client if receiving harmful information, unless certain conditions are met.
- Conditions for continuing representation after disqualification include informed consent from both parties and appropriate screening procedures.
Consultation Expectations
- Initial consultations are often brief, allowing both parties to decide whether to proceed without full client protections.
- A consultation occurs when a lawyer solicits information about representation without sufficient cautionary warnings.
- Unilateral information sharing without an expectation of a relationship does not classify the other party as a prospective client.
- Ethical guidelines encourage lawyers to inform individuals that unsolicited communications may not be confidential.
Client Representation and Conflict of Interest
- Lawyers should limit initial consultations to necessary information to avoid acquiring disqualifying details.
- If a conflict with existing clients is identified, the lawyer must disclose this to the prospective client or refuse representation.
- A lawyer can condition consultations to specify that disclosed information will not impede future representations.
Evaluation for Third Parties
- A lawyer may provide evaluations for third parties if compatible with their client relationship, but informed consent from the client is required if there is likely material impact on client interests.
- Evaluations may be solicited for various purposes, including property assessments or legality checks for government actions.
- Distinction between evaluations and client investigations is crucial in maintaining duty and confidentiality.
Third-Party Neutral Role
- Serving as a third-party neutral (e.g., mediator, arbitrator) requires clarity on the lawyer's non-representative role to unrepresented parties.
- Lawyers in this role should also manage potential conflicts between their advisory functions and neutral responsibilities.
- Ethical guidelines exist for lawyers acting as neutrals and clarify obligations regarding the disclosure of their role.### Dispute Resolution and Lawyer's Role
- Unrepresented parties need clear distinctions on the role of lawyers in dispute-resolution as third-party neutrals versus client representatives.
- The absence of attorney-client privilege when serving as a neutral should be communicated.
- The extent of necessary legal disclosures is contingent upon the parties and the nature of the dispute.
Conflicts of Interest
- A lawyer serving as a neutral can later represent a client in the same matter, leading to potential conflicts outlined in ER 1.12.
- Legal representation in alternative dispute-resolution processes adheres to established Rules of Professional Conduct.
Duties of Candor
- ER 3.3 mandates lawyers not to knowingly make false statements to a tribunal or fail to correct previous falsehoods.
- Disclosure of adverse legal authority is required, except when previously presented by opposing counsel.
- Offers of evidence known to be false are strictly prohibited.
Meritorious Claims
- Lawyers must have good faith bases in law and fact before initiating or defending proceedings, distinguishing non-frivolous actions from those intended purely to harass.
- The actions aren’t considered frivolous if based on unproven facts, provided the lawyer has good faith arguments for the client.
Expediting Litigation
- Advocates should avoid dilatory practices that hinder justice, ensuring that any delay serves a substantial purpose beyond mere convenience.
Conduct in Court Proceedings
- Lawyers must uphold the integrity of the adjudicative process by refraining from falsifying evidence or suppressing material facts.
- Continuous obligations exist until the conclusion of legal proceedings, defined as affirmed judgments or expired review periods.
Ex Parte Proceedings
- In ex parte situations, lawyers must provide all relevant facts to ensure fair consideration by the tribunal, despite the absence of opposing counsel.
Remedial Measures
- If false evidence is uncovered, lawyers are obligated to take corrective measures, which may include disclosing such information to the tribunal.
- The obligation to act in response to falsehoods persists even if it compromises client confidentiality.
Fairness and Ethics in Legal Practice
- Lawyers are prohibited from obstructing access to evidence, altering or concealing documents, or presenting false testimonies.
- Fair competition is essential within the adversarial system; restrictions exist against witness tampering and destruction of evidentiary materials.
- The adversary process relies on the availability of unblemished evidence to uphold the rights of each party involved.### Witness Compensation
- Payment of witness expenses and expert witness compensation is lawful under specific terms.
- Most jurisdictions prohibit paying occurrence witnesses any fees and contingent fees to expert witnesses.
Lawyer Conduct Regarding Tribunal
- Lawyers must avoid influencing judges, jurors, or tribunal officials through unlawful means.
- Ex parte communications with tribunal officials are prohibited unless authorized by law or court order.
- Post-discharge communication with a juror is restricted unless not prohibited by law or court order, and must respect the juror's wishes.
Lawyer's Role in Maintaining Tribunal Decorum
- Engagement in conduct disruptive to tribunal proceedings is not permitted.
- Lawyers should maintain professionalism and avoid reciprocating unprofessional behavior by judges.
Government Lawyer Guidelines
- Lawyers in government may advise tribunals while ensuring fairness by using different attorneys for advising and representation.
- A lawyer must not serve as both advisor and advocate in the same matter to avoid conflicts of interest.
Trial Publicity Regulations
- Lawyers involved in litigation cannot make extrajudicial statements that could materially prejudice the proceedings.
- Specific permitted disclosures include claims involved, public records, ongoing investigations, and timing/results of litigation steps.
Limitations on Public Statements
- Statements related to the character or reputation of parties, evidence admissibility, or a defendant's innocence may be prejudicial and are restricted.
- Protective measures exist for victims and the innocent; prosecutors must act promptly if they become aware of wrongful convictions.
Lawyer as a Witness
- A lawyer cannot act as an advocate in trials where they are likely to be a necessary witness, except under certain circumstances (uncontested issues, value of legal services, substantial hardship).
- Combining advocate and witness roles can prejudice the tribunal and the opposing party.
Conflict of Interest Considerations
- A lawyer's dual role can create potential conflicts that must adhere to ethical rules (ERs 1.7, 1.9).
- Informed consent from the client is necessary if a conflict arises due to the lawyer's dual roles.
Prosecutor's Special Responsibilities
- Prosecutors must ensure charges are supported by probable cause and provide defendants opportunities for counsel.
- Timely disclosure of exculpatory evidence is mandated, as is refraining from prejudicial public statements.
- New evidence suggesting wrongful convictions must be promptly reported and corrective actions taken if applicable.
Overall Ethical Responsibility
- Prosecutors act as ministers of justice, ensuring defendants receive fair treatment and minimizing wrongful convictions through specific duties and protections.
Voluntary Pro Bono Publico Service (ER 6.1)
- Lawyers are encouraged to provide at least fifty hours of pro bono legal service each year.
- Service can be offered to individuals or organizations promoting the interests of the poor, or in civil rights and public rights issues.
- Acceptable activities include:
- Working for no or reduced fees for low-income individuals/groups.
- Participating in law-related education efforts.
- Assisting charitable organizations.
- When charging reduced fees, the fee arrangement must be documented at the start of the representation.
- Lawyers working part-time may have their service hour requirement adjusted proportionally.
- Excess service hours can be carried over to subsequent years if a lawyer exceeds fifty hours.
- Law firms can collectively satisfy their pro bono obligations, allowing attribution of efforts among attorneys.
- Individual lawyer efforts may need to be bolstered by government and institutional programs for the poor.
- Financial contributions to legal service organizations are also encouraged as a form of support.
Acceptance of Appointments (ER 6.2)
- Lawyers must not avoid court appointments except for legitimate reasons:
- Conflict with professional conduct rules.
- Unreasonable financial burden on the lawyer.
- Repugnant client or cause impairing representation ability.
- A lawyer's refusal can be justified to decline representation for unpopular cases when it affects their competence or creates conflicts of interest.
Involvement with Legal Services Organizations (ER 6.3)
- Lawyers may engage with legal services organizations without compromising their duty to clients, provided they don’t participate in decisions inconsistent with client obligations or that could adversely impact a client’s representation.
- Participation is encouraged but should be managed to avoid any conflict with client interests.
Law Reform Activities (ER 6.4)
- Lawyers can serve in reform-related organizations even when the outcomes may affect their clients, given they disclose potential benefits to clients.
- No formal client-lawyer relationship is created with organizations focused on law reform, protecting the lawyer's ability to engage in such activities.
Limited Legal Services Programs (ER 6.5)
- Lawyers may provide short-term limited legal services without expectations of continued representation, typically under nonprofit or court-sponsored programs.
- Conflicts of interest rules apply only if the lawyer is aware of conflicting representations.
- Essential obligations, including informing clients about the scope of representation, remain in effect.
- Participation in such programs does not inhibit a law firm's ability to represent clients with adverse interests thereafter.
General Points
- The approach towards pro bono work is not mandatory but is framed around an ethical aspiration for lawyers to serve the public.
- Lawyers must be creative in meeting their pro bono commitments, including volunteering for programs or creating legal aid fellowship opportunities.
- Overall, pro bono engagement is vital to address the unmet legal needs of low-income populations, emphasizing both individual and collective responsibility in the legal profession.
Rule ER 7.1 - Communications Concerning a Lawyer's Services
- Lawyers cannot communicate false or misleading information about themselves or their services.
- A communication is false if it misrepresents material facts or omits necessary information to avoid misleading the audience.
- Claims of being a certified specialist require compliance with Arizona Supreme Court Rule 44.
- Any communication must include a contact name and details for a responsible lawyer or law firm.
Amendments and Comments
- Rule amended several times since 2003 with implications for misleading truthful statements.
- Truthful communications can still be misleading if they omit essential facts or lead to unjustified expectations.
- Clear disclaimers can help prevent misleading interpretations from the public.
Firm Names and Designations
- Law firm names can include names of members, deceased or retired members, or approved trade names, but cannot include disbarred lawyers.
- Misleading implications from firm names are prohibited, especially regarding affiliations with governmental entities or nonlawyer organizations.
- Firms may use geographical names if disclaimers clarify non-affiliation with legal aid organizations.
Certified Specialists
- Lawyers can communicate certifications if granted by recognized organizations.
- Certification indicates an objective assessment of a lawyer's knowledge and proficiency in a specific area of law.
Required Contact Information
- All communications about legal services must include the name and contact details of the responsible lawyer or firm.
- Contact details can be a website, phone number, email, or physical address.
ER 7.3 - Solicitation of Clients
- "Solicitation" involves targeted communication to individuals needing legal services.
- Live contact soliciting clients for financial gain is generally prohibited unless specific relationships exist.
- Prohibitions apply to coerced solicitations or contacting individuals who have opted out of being solicited.
Communication Context and Vulnerability
- General public communications (e.g., advertisements) do not categorize as solicitation.
- Live interactions can overwhelm individuals, especially vulnerable populations, leading to possible undue influence.
- Lawyers can provide information to organizations planning group legal services without directly targeting individuals in need of services.
ER 8.1 - Bar Admission and Disciplinary Matters
- Applicants and lawyers must not make false statements or fail to disclose necessary corrections in relation to bar admission.
- Misrepresentation during disciplinary investigations is a professional offense.
ER 8.2 - Judicial and Legal Officials
- Lawyers cannot make false statements about the qualifications or integrity of judges or judicial candidates.
- Judicial candidates must adhere to ethical guidelines relevant to political activity.
ER 8.3 - Reporting Professional Misconduct
- Lawyers are obligated to report known violations that raise serious questions about another lawyer's honesty or fitness.
- Disclosure is not required for information protected under client confidentiality rules.
- Reporting helps uphold the integrity of the profession and maintain public trust in the legal system.### Confidentiality in Assistance Programs
- Confidentiality encourages lawyers and judges to seek help from assistance programs, protecting their professional careers and client welfare.
- Information shared in approved assistance programs is not reportable if it would be protected under ER 1.6, sustaining a client-lawyer relationship.
- Participants in these programs include seeking lawyers, program staff, volunteers, and approved Arizona lawyers, which broadens the scope of confidentiality.
Reporting Responsibilities
- Lawyers do not have to report misconduct of a legal paraprofessional they represent, nor misconduct of an Alternative Business Structure (ABS) unless they work within that entity.
- The duty to report misconduct applies to lawyers involved with ABS entities, ensuring accountability and compliance with professional standards.
Professional Misconduct
- Violations of professional conduct include:
- Violating or attempting to violate Rules of Professional Conduct.
- Engaging in dishonest conduct that undermines honesty and trustworthiness.
- Conduct that is prejudicial to justice or implies undue influence on government officials.
- Assisting judges in violating judicial conduct codes.
Criminal Conduct and Fitness
- Certain criminal acts reflect on a lawyer’s fitness, including fraud and failure to file taxes, affecting their ability to practice law.
- Not all offenses relate to moral turpitude; minor offenses, unless repeated or significant, may not imply unfitness for practice.
- Continuous offenses indicate a disregard for legal responsibilities and professional ethics.
Bias and Prejudice
- Representation must not show bias based on race, sex, religion, or other protected characteristics, especially if prejudicial to justice.
- Compliance with obligations imposed by law, despite a belief of invalidity, allows for good faith challenges to legal regulations.
Abuse of Public Office
- The misapplication of public roles can lead to perceived unfitness to practice law.
- Ethical standards demand lawyers in public offices maintain superior responsibilities and avoid misconduct in private trust positions.
Change of Judge Without Cause
- Arizona permits a peremptory change of judge without cause, allowing parties to address perceived bias.
- Abuse of this rule may occur, leading to delays or pressures on judges, prompting amendments to clarify unprofessional conduct connected to improper purposes.
Disciplinary Jurisdiction
- Lawyers are under the disciplinary authority of the jurisdiction where they are admitted, regardless of conduct location.
- The jurisdiction’s rules govern conduct connected to court matters, with applicable laws based on where significant effects occur.
- Conflict of laws principles guide disciplinary issues arising from multi-jurisdictional practice or conflicting jurisdiction rules.
Jurisdictional Challenges
- Lawyers working outside their jurisdiction remain subject to the rules of their licensing area but must navigate potential conflicts when serving or licensed in multiple jurisdictions.
- It is essential for lawyers to understand the governing laws as federal and state regulations may differ regarding legal practices.
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This quiz covers key terminology related to informed consent and belief as it applies in medical contexts. You will learn about the definitions of terms including 'belief' and 'confirmed in writing', alongside their implications. Understanding these concepts is essential for legal and ethical practices in healthcare.