AK Bar Alaska Professional Responsibility and Ethics 1 — Questions and Answers
Question 1: Alaska's professional conduct rules for attorneys are based primarily on which model?
- ABA Model Rules of Professional Conduct (Correct answer)
- ABA Model Code of Professional Responsibility
- Restatement of the Law Governing Lawyers
- Alaska's own entirely independent code
Correct answer: ABA Model Rules of Professional Conduct
Alaska's Rules of Professional Conduct are based on the ABA Model Rules, with Alaska-specific modifications.
Question 2: Under Alaska RPC 1.6, an attorney may reveal confidential client information without consent in what circumstance?
- Whenever it would benefit a third party
- To prevent reasonably certain death or substantial bodily harm (Correct answer)
- Whenever the attorney deems it appropriate
- Only under court order
Correct answer: To prevent reasonably certain death or substantial bodily harm
Alaska RPC 1.6(b)(1) permits disclosure to prevent reasonably certain death or substantial bodily harm even without client consent.
Question 3: A lawyer who represents two co-defendants in a criminal case faces what primary ethical concern?
- Fee-sharing violation
- Conflict of interest due to potentially adverse interests (Correct answer)
- Unauthorized practice
- Competence issue
Correct answer: Conflict of interest due to potentially adverse interests
Representing co-defendants creates a conflict of interest risk because their interests may diverge, requiring informed written consent or withdrawal.
Question 4: Under Alaska RPC 3.3, an attorney's duty of candor to the tribunal prohibits?
- Vigorous advocacy
- Making false statements of fact or law to the court (Correct answer)
- Citing unfavorable precedent
- Requesting continuances
Correct answer: Making false statements of fact or law to the court
RPC 3.3 prohibits attorneys from making knowingly false statements of material fact or law to any tribunal.
Question 5: What Alaska rule governs communication with represented opposing parties?
- Alaska RPC 4.1
- Alaska RPC 4.2 (Correct answer)
- Alaska RPC 4.3
- Alaska RPC 4.4
Correct answer: Alaska RPC 4.2
Alaska RPC 4.2 prohibits an attorney from communicating directly with a represented party without consent of that party's counsel.
Question 6: Under Alaska RPC 1.5, which of the following fee arrangements is prohibited?
- Flat fees
- Hourly fees
- Contingency fees in criminal defense cases (Correct answer)
- Contingency fees in civil personal injury cases
Correct answer: Contingency fees in criminal defense cases
Alaska RPC 1.5(d) prohibits contingency fee arrangements in criminal defense matters and certain domestic relations cases.
AK Bar Alaska Professional Responsibility and Ethics 1
Alaska's professional conduct rules for attorneys are based primarily on which model?