Professional Responsibility in Law
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Questions and Answers

What should a lawyer do if a client with diminished capacity is at risk of substantial harm?

  • Take reasonably necessary protective action and may reveal necessary information. (correct)
  • Immediately inform the authorities without client consent.
  • Ignore the situation and focus on legal representation.
  • Encourage family members to take control of the situation.

    • In which scenario is a lawyer obligated to rectify the misconduct of a guardian?

  • When the guardian agrees to cooperate with the lawyer.
  • If the guardian is misusing funds that belong to the client. (correct)
  • When the guardian is acting in the client’s interest.
  • If the guardian has no qualifications in legal matters.

    • How must a lawyer manage a client’s property?

  • Combine the client's property with personal assets to simplify management.
  • Securely store the client’s property without any special accounts.
  • Keep the client's property separate in a trust account. (correct)
  • Invest the client's property in mutual funds for potential growth.

    • What is essential for a lawyer to remember when dealing with clients with diminished capacity?

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

    What is a potential conflict a lawyer may face when representing an organization?

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

    Under Rule 1.16, when must a lawyer withdraw from representation?

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

    What must a lawyer do when terminating representation to protect the client's interests?

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

    What constitutes a prospective client?

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

    Which of the following is NOT a reason for a lawyer to withdraw from representation?

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

    If a lawyer receives information from a prospective client that could be harmful, what must the lawyer avoid?

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

    What should a lawyer do if they want to withdraw from representation after being appointed by a court?

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

    How can conflicts of interest with prospective clients be managed?

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

    What is a requirement when a lawyer withdraws due to a client's failure to meet obligations?

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

    What must a lawyer ensure before bringing or defending a case under Rule 3.1?

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

    Under Rule 3.3, what is a lawyer obliged to do if they realize a statement of law or fact is false?

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

    What is an exception under Rule 3.3 regarding false evidence?

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

    Which of the following actions is prohibited under Rule 3.4?

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

    What is a lawyer not allowed to do regarding the opposing party's access to evidence?

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

    What must a lawyer obtain from a client when entering into a business transaction that is adverse to the client?

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

    Which of the following is considered a frivolous claim under Rule 3.1?

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

    What best describes the duty of a lawyer when dealing with the integrity of the adjudicative process?

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

    Which of the following is NOT a condition under which a lawyer can provide financial assistance to a client?

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

    Under what circumstance can a lawyer not represent multiple defendants in a capital case?

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

    What constitutes good faith under Rule 3.1 for a lawyer?

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

    What does informed consent require from clients when there is a conflict of interest?

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

    What is a condition under which a lawyer can accept payment from a third party?

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

    When can a lawyer NOT take inconsistent legal positions on behalf of different clients?

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

    Which of the following is a restriction placed on lawyers regarding gifts from clients?

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

    What is required before a lawyer can make agreements for literary rights with a client?

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

    What should a lawyer do upon receiving inadvertently sent information?

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

    What is a lawyer prohibited from doing under Rule 4.4?

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

    Under Rule 5.1, who is held responsible for another lawyer’s violation?

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

    What are partners in a law firm required to do according to Rule 5.1?

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

    What does Rule 5.2 state about subordinate lawyers?

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

    What responsibility do lawyers have regarding nonlawyer assistants under Rule 5.3?

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

    Which of the following actions could violate Rule 4.4?

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

    What should the internal policies of a law firm address according to Cmt 2 of Rule 5.1?

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

    Under what condition can a lawyer communicate with a juror after the juror has been discharged?

    <p>If the communication does not involve coercion or duress.</p> Signup and view all the answers

    What must a lawyer avoid making in public statements during an ongoing adjudicative proceeding?

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

    Which of the following is an exception that allows a lawyer to act both as an advocate and a witness in the same trial?

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

    In what scenario is a lawyer allowed to disclose material facts during representation?

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

    Which type of statement is most likely to materially prejudice a proceeding?

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

    What is required of a lawyer when appearing before nonadjudicative bodies?

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

    What is one of the main purposes of the rules prohibiting ex parte communication?

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

    Which of the following statements can a lawyer potentially make in response to recent publicity?

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

    What should a lawyer avoid when handling physical evidence of a client’s crime?

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

    Study Notes

    Professional Responsibility

    • Rule 1.1 Competence: Competent representation requires legal knowledge, skill, thoroughness, and preparation. General practitioner proficiency is expected, but complexity, experience, and preparation can be considered. Specializing in novel fields requires necessary study. Acceptance of representation is possible if competency can be achieved through reasonable preparation.

    • Rule 1.2 Scope of Representation: The client controls the objectives of representation, including decisions like plea bargaining, waiving a jury trial, and testifying in criminal cases. Lawyers must not counsel clients in criminal/fraudulent conduct. A lawyer may rely on advance authorization to reject or accept settlement offers, unless circumstances change. Honesty about likely client conduct consequences is required.

    • Rule 1.3 Diligence: Representing a client demands reasonable diligence and promptness.

    Communication

    • Rule 1.4 Communication: Lawyers must promptly inform clients of decisions/circumstances, consult with them on achieving objectives, and comply with their information requests. This includes matters such as mistaken deadlines, case dismissals, etc.

    • Client notification: Lawyers must explain matters to the extent necessary for clients to make informed decisions, including settlement/plea-deal offers, unless clients preemptively disapprove or approve.

    Fees

    • Rule 1.5 Fees: Fees and expenses must be reasonable, considering factors like time/labor, novelty/difficulty, results obtained, amount in controversy, and lawyer’s experience/reputation. Disclosure of fees and representation scope are required within a reasonable timeframe. Contingent fees are prohibited in family law and criminal cases.

    Confidentiality

    • Rule 1.6 Confidentiality of Information: Lawyers should not reveal client information unless the client consents. Exceptions include: preventing death/substantial bodily harm, preventing client crime/fraud, securing legal advice for self, establishing a claim, detecting/resolving conflicts of interest, or complying with reporting (child abuse) statutes.

    Conflicts of Interest

    • Rule 1.7 Conflicts of Interest: Current Clients - A lawyer cannot represent a client if representation of one client is directly adverse to another or if there’s a substantial risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, former client, or third person.

    • Exceptions: The lawyer reasonably believes that capable representation is possible for all involved. Exception does not apply to matters in the same litigation, the respective clients’ consent, and to avoid prohibited behaviour by law.

    • Conflicts for firms: Lawyers in a firm are treated as one for purposes of rules; i.e. the lawyer can’t take a case that another lawyer in the firm is prevented from taking, unless the prohibited lawyer is screened/isolated. Exception to this is if the same or substantially related matter already exists.

    Client Organization

    • Rule 1.13 Organization as Client: The organization is the client, not individual employees. Lawyer must ensure the organization's interests are known and communicated to employees.

    Client with Diminished Capacity

    • Rule 1.14 Client with Diminished Capacity: Lawyer must maintain a normal client-lawyer relationship and take reasonable/necessary protective interventions if the client is at substantial risk of harm (physically, financially, or otherwise). They may reveal necessary information to obtain protective relief.

    Safekeeping Property

    • Rule 1.15 Safekeeping Property: A lawyer must keep client property separate from their own property; use a trust account; and usually bill or pay from that account, not a personal account.

    Declining/Terminating Representation

    • Rule 1.16 Declining or Terminating Representation: Lawyer may decline representing, or withdraw from representation if: (1) the lawyer’s representation would violate the Rules; (2) the lawyer’s physical or mental condition impairs ability to represent; (3) the client is doing something criminal or fraudulent or insists on action repugnant to the lawyer, (4) the representation becomes a burden disproportionate to a reasonable fee; or (5) proper notification has been given and is needed for a smooth transition.

    Duties to Prospective Clients

    • Rule 1.18 Duties to Prospective Client: Lawyer should not use information gained in a consultation to the client's disadvantage, unless permitted by other rules or if the information becomes generally known.

    Meritorious Claims

    • Rule 3.1 Meritorious Claims: A lawyer cannot bring a claim or defense that lacks any basis in fact or law; this is not merely a belief that the claim lacks substance.

    Trial Publicity

    • Rule 3.6 Trial Publicity: A lawyer cannot make extrajudicial statements that would likely prejudice the trial. This includes but is not limited to statements that share information necessary for identification of accused or scheduling of legal proceedings.

    Lawyer as Witness

    • Rule 3.7 Lawyer as Witness: A lawyer should not act as an advocate and witness in the same trial, unless an exception exists.

    Duties to Former Clients

    • Rule 1.9 Duties to Former Clients: A lawyer cannot represent a client adverse to a former client in the same or substantially related matter in which the lawyer previously represented the client. Further, a lawyer cannot use knowledge/information acquired from serving a former client to the disadvantage of the client, except when permitted or required by other rules.

    Conflicts of Interest General Rule

    • Rule 1.10 Conflicts of Interest General Rule: Lawyers in a firm are treated as one; a lawyer can't take on a case if another lawyer in the firm is prohibited. Exceptions include if the prohibited lawyer is screened.

    Professional Misconduct

    • Rule 8.3 Reporting Professional Misconduct: A lawyer who knows that another lawyer has committed a violation that raises a substantial question as to the lawyer's honesty, trustworthiness, or fitness as a lawyer must inform the appropriate authority.

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    Professional Responsibility Outline PDF

    Description

    This quiz covers essential rules related to professional responsibility and communication for lawyers, including competence, scope of representation, and diligence. Understand the expectations lawyers must meet to effectively represent their clients while adhering to ethical standards.

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