Professional Responsibility Flashcards
6 cards from real AZ BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Professional Responsibility flashcards as text
Under Rule 1.8(a), a lawyer entering a business transaction with a client must ensure:
Answer: The terms are fair and reasonable, disclosed in writing, the client is advised to seek independent counsel, and the client consents in writing
Rule 1.8(a) permits business transactions with clients only if the terms are fair and reasonable, disclosed in writing, the client is given a chance to seek independent counsel, and the client consents in writing.
A lawyer's fee must be:
Answer: Reasonable under the circumstances, considering the factors in Rule 1.5
Rule 1.5 requires that lawyer fees be reasonable, assessed by factors such as time, complexity, the results obtained, and the prevailing rates in the community.
The duty of loyalty to a current client prohibits a lawyer from:
Answer: Taking actions that are adverse to the client's interests in the same matter, absent informed consent
The duty of loyalty requires that a lawyer act in the client's best interests and not take positions adverse to the client in the same matter without informed written consent.
When a lawyer terminates representation, they must:
Answer: Take reasonable steps to protect the client's interests, including returning documents and providing reasonable notice
Rule 1.16(d) requires that upon termination, the lawyer take steps to protect the client's interests, such as giving reasonable notice, surrendering papers and property, and refunding unearned fees.
Under Rule 5.1, a supervising lawyer is responsible for another lawyer's ethical violation if:
Answer: The supervising lawyer ordered the conduct or knew of it in time to prevent it and failed to do so
Rule 5.1 holds supervisory lawyers responsible for subordinate lawyers' violations when they ordered the conduct or ratified it, or when they knew of it in time to mitigate or prevent harm and took no action.
Competence to handle a new area of law can be achieved under Rule 1.1 through:
Answer: Necessary study, consultation with experienced lawyers, or association with competent co-counsel
Rule 1.1 comment 2 recognizes that a lawyer can achieve required competence through study, preparation, and association with lawyers experienced in the area.