AZ Bar Arizona Civil Procedure and Professional Responsibility 2 — Questions and Answers
Question 1: Under Arizona Rules of Professional Conduct, a conflict of interest between current clients is consentable when:
- Only one client has a financial stake in the outcome
- The lawyer reasonably believes they can provide competent and diligent representation to each, and each gives informed consent in writing (Correct answer)
- The clients are related by blood
- The representation involves only transactional work
Correct answer: The lawyer reasonably believes they can provide competent and diligent representation to each, and each gives informed consent in writing
Under Arizona ER 1.7, a current client conflict is consentable if the lawyer can still provide competent representation to each client and all affected clients give informed written consent.
Question 2: Arizona's relation-back doctrine in civil procedure (ARCP 15(c)) allows an amended pleading to relate back to the original filing date when:
- The amendment is filed within 60 days of the original
- The amendment arises out of the same transaction or occurrence and the opposing party had timely notice (Correct answer)
- The court grants leave to amend
- The opposing party has not yet answered
Correct answer: The amendment arises out of the same transaction or occurrence and the opposing party had timely notice
Relation back under ARCP 15(c) requires that the amended pleading arise from the same conduct, transaction, or occurrence and that the opposing party had notice within the period for service.
Question 3: Under Arizona professional responsibility rules, a lawyer's duty of confidentiality under ER 1.6 covers:
- Only information explicitly marked confidential by the client
- Information communicated by the client to the lawyer only
- All information relating to the representation, regardless of its source (Correct answer)
- Only written communications from the client
Correct answer: All information relating to the representation, regardless of its source
Arizona ER 1.6 protects all information relating to the representation of a client, not merely communications from the client or privileged information.
Question 4: Under Arizona civil procedure, which motion challenges the legal sufficiency of a claim even assuming all allegations are true?
- Motion for summary judgment
- Motion to dismiss for failure to state a claim (ARCP 12(b)(6)) (Correct answer)
- Motion for judgment on the pleadings
- Motion for directed verdict
Correct answer: Motion to dismiss for failure to state a claim (ARCP 12(b)(6))
An ARCP 12(b)(6) motion to dismiss tests whether the complaint states a cognizable legal claim, accepting all well-pleaded facts as true.
Question 5: Under Arizona ER 1.3, a lawyer must act with diligence, which means:
- Achieving the best possible outcome regardless of cost
- Pursuing a matter on the client's behalf with reasonable promptness and commitment (Correct answer)
- Accepting only cases within the lawyer's area of expertise
- Responding to all client communications within 24 hours
Correct answer: Pursuing a matter on the client's behalf with reasonable promptness and commitment
ER 1.3 requires a lawyer to act with reasonable diligence and promptness in representing a client, avoiding unnecessary delays.
Question 6: Under Arizona's mandatory disclosure rules (ARCP 26.1), parties must disclose certain information without a discovery request, including:
- All communications with expert witnesses
- The names and contact information of persons with knowledge of the claims or defenses (Correct answer)
- All documents ever created related to the transaction
- Financial records of all parties
Correct answer: The names and contact information of persons with knowledge of the claims or defenses
Arizona ARCP 26.1 requires mandatory initial disclosure of the names and addresses of persons with knowledge of any relevant facts, among other specified categories.
AZ Bar Arizona Civil Procedure and Professional Responsibility 2
Under Arizona Rules of Professional Conduct, a conflict of interest between current clients is consentable when: