AZ Bar Arizona Civil Procedure and Professional Responsibility 2

Question 1

Under Arizona Rules of Professional Conduct, a conflict of interest between current clients is consentable when:

Accepted Answer

The lawyer reasonably believes they can provide competent and diligent representation to each, and each gives informed consent in writing

Answer

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:

Accepted Answer

The amendment arises out of the same transaction or occurrence and the opposing party had timely notice

Answer

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:

Accepted Answer

All information relating to the representation, regardless of its source

Answer

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?

Accepted Answer

Motion to dismiss for failure to state a claim (ARCP 12(b)(6))

Answer

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:

Accepted Answer

Pursuing a matter on the client's behalf with reasonable promptness and commitment

Answer

ER 1.3 requires a lawyer to act with reasonable diligence and promptness in representing a client, avoiding unnecessary delays.

AZ Bar - Arizona Bar Exam Practice Test

AZ Bar - Arizona Bar Exam Practice Test

AZ Bar Arizona Civil Procedure and Professional Responsibility 2