AR Bar Professional Responsibility 2 — Questions and Answers
Question 1: Under Arkansas Rule 1.3, what duty does a lawyer owe a client regarding diligence?
- Act with reasonable diligence and promptness in representing a client (Correct answer)
- Complete all work within 30 days
- Guarantee a favorable outcome
- File at least one motion per month
Correct answer: Act with reasonable diligence and promptness in representing a client
Rule 1.3 requires a lawyer to act with reasonable diligence and promptness, avoiding neglect of client matters.
Question 2: An Arkansas attorney wants to enter a business transaction with a client. Which condition must be met?
- No special conditions; business dealings with clients are unrestricted
- The terms must be fair, disclosed in writing, the client must be advised to seek independent counsel, and the client must give informed written consent (Correct answer)
- Only oral consent is required
- The attorney may proceed if the transaction is under $10,000
Correct answer: The terms must be fair, disclosed in writing, the client must be advised to seek independent counsel, and the client must give informed written consent
Rule 1.8 requires fair terms, written disclosure, advice to seek independent counsel, and informed written consent for attorney-client business transactions.
Question 3: Under Arkansas Rule 4.2, an attorney must obtain whose consent before communicating with a represented party?
- The trial judge
- The opposing party directly
- The opposing party's lawyer (Correct answer)
- The bar association
Correct answer: The opposing party's lawyer
Rule 4.2 prohibits direct communication with a represented person without consent of that person's lawyer.
Question 4: An Arkansas attorney receives a $5,000 flat fee that is earned only upon completion of the matter. Where must these funds be held initially?
- In the attorney's operating account immediately
- In a client trust account until earned (Correct answer)
- In escrow at the courthouse
- In cash at the attorney's office
Correct answer: In a client trust account until earned
Fees not yet earned must be held in a client trust account until the attorney earns them through performance of the agreed services.
Question 5: Under Arkansas Rule 7.1, lawyer advertising must NOT be:
- Distributed by mail
- Posted on a website
- False or misleading (Correct answer)
- Accompanied by the lawyer's photo
Correct answer: False or misleading
Rule 7.1 prohibits any communication about a lawyer's services that is false or misleading.
Question 6: What is the primary purpose of the Arkansas IOLTA program?
- To fund attorney retirement benefits
- To generate interest from pooled client funds for public legal services (Correct answer)
- To pay court filing fees on behalf of clients
- To provide malpractice insurance for attorneys
Correct answer: To generate interest from pooled client funds for public legal services
The IOLTA (Interest on Lawyers' Trust Accounts) program pools interest from small client trust balances to fund civil legal aid and law-related public programs.
AR Bar Professional Responsibility 2
Under Arkansas Rule 1.3, what duty does a lawyer owe a client regarding diligence?