AK Bar Alaska Professional Responsibility and Ethics 2 — Questions and Answers
Question 1: Alaska RPC 1.3 requires an attorney to act with what standard toward client matters?
- Reasonable effort
- Diligence and promptness (Correct answer)
- Best efforts at all times
- Superior skill and speed
Correct answer: Diligence and promptness
RPC 1.3 requires attorneys to act with reasonable diligence and promptness in representing clients.
Question 2: What is an attorney's obligation upon learning that a client intends to commit perjury?
- Ignore the issue and proceed
- Help the client craft testimony
- Counsel the client against it and if necessary take remedial measures including possible withdrawal (Correct answer)
- Immediately notify the court
Correct answer: Counsel the client against it and if necessary take remedial measures including possible withdrawal
Under RPC 3.3(b), an attorney must counsel the client against perjury and may need to take remedial measures, potentially including disclosure to the tribunal.
Question 3: Under Alaska RPC 1.15, client funds must be kept?
- In the attorney's general operating account
- In a trust account separate from the attorney's own funds (Correct answer)
- In any interest-bearing account
- In cash in a firm safe
Correct answer: In a trust account separate from the attorney's own funds
RPC 1.15 requires attorneys to hold client funds in a separate trust account (IOLTA or dedicated trust) to prevent commingling.
Question 4: An attorney's duty of competence under Alaska RPC 1.1 includes?
- Guaranteed successful outcomes
- The legal knowledge, skill, thoroughness, and preparation reasonably necessary (Correct answer)
- Top-ranked expertise in every field
- Experience of at least 10 years
Correct answer: The legal knowledge, skill, thoroughness, and preparation reasonably necessary
RPC 1.1 defines competence as the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
Question 5: Which Alaska RPC provision addresses an attorney's duty to communicate with clients?
- RPC 1.1
- RPC 1.2
- RPC 1.4 (Correct answer)
- RPC 1.6
Correct answer: RPC 1.4
Alaska RPC 1.4 requires attorneys to keep clients reasonably informed and promptly respond to requests for information.
Question 6: An attorney representing both the buyer and seller in a real estate transaction creates what type of conflict?
- Positional conflict
- Successive conflict
- Simultaneous conflict of interest (Correct answer)
- Personal interest conflict
Correct answer: Simultaneous conflict of interest
Representing both parties to the same transaction is a simultaneous or concurrent conflict of interest requiring informed written consent from both clients.
AK Bar Alaska Professional Responsibility and Ethics 2
Alaska RPC 1.3 requires an attorney to act with what standard toward client matters?