Professional Responsibility in Law

<p>The best interest and autonomy of the client must always be considered. (D)</p> Signup and view all the answers

<p>Derivative actions may create conflict between duty to the organization and relationship with the board. (A)</p> Signup and view all the answers

<p>If representation would violate rules or impair the lawyer's ability (A)</p> Signup and view all the answers

<p>Take practical steps for a smooth transition and retain papers until fees are paid (B)</p> Signup and view all the answers

<p>A person who consults a lawyer about a possible client-lawyer relationship (D)</p> Signup and view all the answers

<p>The lawyer believes the client is guilty of fraud (D)</p> Signup and view all the answers

<p>Representing a client with materially adverse interests in the same matter (C)</p> Signup and view all the answers

<p>Inform the court and request approval to withdraw (A)</p> Signup and view all the answers

<p>By obtaining consent in writing and screening the lawyer (B)</p> Signup and view all the answers

<p>The lawyer must give adequate notice to the tribunal (B)</p> Signup and view all the answers

<p>There must be a meritorious basis in law and fact. (C)</p> Signup and view all the answers

<p>Correct the false statement. (B)</p> Signup and view all the answers

<p>Testimony of criminal defendants. (C)</p> Signup and view all the answers

<p>Altering material evidence. (B)</p> Signup and view all the answers

<p>Obstruct access to material evidence. (B)</p> Signup and view all the answers

<p>Consent in writing (C)</p> Signup and view all the answers

<p>A case lacking a valid argument. (A)</p> Signup and view all the answers

<p>To uphold and protect the procedural integrity. (D)</p> Signup and view all the answers

<p>Providing loans for business ventures (A)</p> Signup and view all the answers

<p>A lawyer may never represent multiple defendants in such a case (D)</p> Signup and view all the answers

<p>Presenting arguments for changes in the law. (D)</p> Signup and view all the answers

<p>Each client must understand the foreseeable adverse effects on their interests (B)</p> Signup and view all the answers

<p>If the client consents and it does not interfere with the lawyer's professional judgment (C)</p> Signup and view all the answers

<p>If it would materially limit the lawyer's effectiveness in representing another client (C)</p> Signup and view all the answers

<p>Lawyer cannot solicit substantial gifts or be in a client's will (B)</p> Signup and view all the answers

<p>Completion of the representation (D)</p> Signup and view all the answers

<p>Send prompt notification to the sender. (D)</p> Signup and view all the answers

<p>Using means that embarrass or burden third persons. (B)</p> Signup and view all the answers

<p>Partners who ratified the conduct or supervised the attorney. (C)</p> Signup and view all the answers

<p>Ensure measures are in effect for compliance with the Rules. (A)</p> Signup and view all the answers

<p>They do not violate the rules if they follow a reasonable resolution by a supervisor. (A)</p> Signup and view all the answers

<p>They must ensure assistants' conduct is compatible with their professional obligations. (B)</p> Signup and view all the answers

<p>Using intimidation tactics against a third party. (B)</p> Signup and view all the answers

<p>Conflicts of interest and client funds. (D)</p> Signup and view all the answers

<p>If the communication does not involve coercion or duress. (A), If the communication does not involve misrepresentation. (D)</p> Signup and view all the answers

<p>Statements that could materially prejudice the case. (C)</p> Signup and view all the answers

<p>When the testimony relates to the lawyer's personal knowledge. (A)</p> Signup and view all the answers

<p>When failing to disclose would mislead a third party. (D)</p> Signup and view all the answers

<p>Character references of the accused. (A)</p> Signup and view all the answers

<p>To disclose their role as a representative. (C)</p> Signup and view all the answers

<p>To ensure fairness and impartiality in trials. (B)</p> Signup and view all the answers

<p>Information necessary to mitigate harm to a client. (A)</p> Signup and view all the answers

<p>Altering the material characteristics of the evidence. (C)</p> Signup and view all the answers

A situation where a lawyer's loyalty or judgment may be compromised because of potential or actual differences in interests between clients or between a client and the lawyer.

Clients must be fully aware of the potential risks and impact of a conflict of interest.

Lawyers cannot have personal financial gain involved during case representation.

Lawyers cannot accept substantial gifts from clients during representation.

Lawyers can only assist clients with litigation costs under specific circumstances.

Lawyer's payment from a third party requires client consent to avoid affecting lawyer's judgement.

Lawyers cannot participate in aggregate settlements for multiple clients in civil or criminal cases.

Lawyers cannot contract with their client to limit malpractice liability unless the client has independent legal representation.

When a lawyer represents an organization in a lawsuit (derivative action) involving serious accusations against its leaders, there can be a conflict between the lawyer's duty to the organization and the lawyer's personal relationship with the organization's board.

A client who, due to age, illness, or other factors, has reduced capacity to understand and make decisions about legal matters; the lawyer still must maintain client-lawyer relationship, but they may take reasonably necessary protective actions if the client faces harm.

Lawyers must keep client funds separate from their own. Retainers and advances should be held in a trust account until earned.

When protecting a client with diminished capacity, lawyers must always choose the least restrictive alternative that addresses the client's needs, like avoiding interference with autonomy.

When dealing with those impacted by the client's diminished capacity, lawyers must remember a client is their client, and not a family member/caregiver.

A lawyer can withdraw from a case if there is a conflict of interest, client misconduct, or if the representation becomes too burdensome financially.

Clients are responsible for paying their legal fees as agreed upon.

Someone who consults with a lawyer about a potential client-lawyer relationship.

A lawyer must keep confidential any information received from a prospective client unless a different rule allows disclosure.

A lawyer cannot represent someone with conflicting interests, especially if that conflict involves information shared in a prior consultation with a potential client.

The prior consultation must be avoided in this circumstance by prospective client and actual client and they must agree in writing to the conflict of interest, after reasonable measures are taken.

Ending a lawyer-client relationship when the agreed-upon legal assistance is complete, or other legal provision mandates it.

After the termination of representation, a lawyer still has obligations to be confidential but can keep certain documents if fees haven't been paid.

A lawyer cannot bring or defend a case that lacks a reasonable basis in law or fact. This means the claim is not frivolous if it has a good faith argument for extending, modifying, or reversing existing law.

A lawyer must be truthful and transparent to the court. They cannot make false statements of fact or law, must correct misleading statements, and must disclose controlling authority that is directly adverse to their position if the other side doesn't bring it up.

A lawyer cannot offer false evidence to the court, except for a criminal defendant's testimony. They must take steps to rectify false statements by the client or witnesses.

A lawyer must treat the opposing party and counsel fairly. They cannot obstruct access to evidence, make frivolous discovery requests, or make misleading statements during trial.

A lawyer's duties under these rules end once legal proceedings conclude, including any appeals or the time for review has passed.

A lawyer cannot alter, conceal, or destroy potential evidence. They also cannot make frivolous discovery requests or fail to make a reasonable effort to comply with the opposing party's requests.

A lawyer cannot ask anyone other than their client to refrain from voluntarily giving relevant information to the other party.

A lawyer should limit information shared in an initial consultation to what is necessary to determine whether they should take on the case.

A lawyer cannot exploit or take advantage of someone who is not represented by counsel during negotiations or settlements. The lawyer must ensure fair and transparent dealings.

A lawyer must avoid using tactics solely to embarrass, delay, or burden a third party, and must respect the legal rights of individuals, especially their privacy.

If a lawyer receives a document or information sent inadvertently, they must promptly inform the sender. This includes notifying the sender about any embedded metadata.

Partners or managers in a firm should ensure reasonable measures are in place to guarantee all lawyers comply with the rules. They are accountable for any violations if they directed, ratified, or knew about them and didn't intervene.

A subordinate lawyer is not in violation if they follow a supervising lawyer's reasonable judgment on a question of professional duty.

Lawyers must ensure measures are in place to guarantee nonlawyer assistants' actions don't conflict with their professional obligations. They are responsible for any conduct they order or approve.

A lawyer cannot intrude on privileged relationships, such as lawyer-client privilege, even if they receive information inadvertently.

A lawyer has a responsibility for all work done by the firm, even if not directly involved, due to their role as a partner or manager.

A lawyer can temporarily take possession of physical evidence related to their client's alleged crime for a limited examination. However, this examination must not alter or destroy the evidence's material characteristics, and the lawyer must ultimately return the evidence to the authorities.

After a trial, a lawyer can communicate with a juror, but only if it's legal, the juror wants to communicate, and the communication isn't deceptive or harassing.

Lawyers are prohibited from actions that disrupt the court proceedings, including depositions, which are the taking of testimony. These actions disrupt the fairness of the tribunal.

Lawyers can't make statements outside of court, especially those that could unfairly prejudice a legal case. They are restricted in what information they can share.

Lawyers can share certain information outside of court, such as the nature of the case, the accused's basic details, and the progress of the legal proceedings.

Generally, a lawyer can't act as both the witness and the advocate in the same trial. Exceptions exist for specific situations.

A lawyer can act as both a witness and an advocate if their testimony is uncontested, concerns their own fees, or their disqualification would seriously harm the client.

When representing a client before a legislative body or government agency, a lawyer must declare their representative role and follow the rules of conduct.

Lawyers are obligated to be truthful and honest in their communications with everyone, including the client, the opposing side, and the court. They cannot intentionally mislead or make false statements.

Lawyers cannot rely on or repeat false statements made by others even if those statements are made by their clients.