AZ Bar Professional Responsibility 1 — Questions and Answers
Question 1: Under the Arizona Rules of Professional Conduct, a lawyer must keep client information confidential unless an exception applies. Which of the following is a recognized exception?
- The client has publicly discussed the matter on social media
- Disclosure is reasonably necessary to prevent reasonably certain death or substantial bodily harm (Correct answer)
- The opposing party requests the information through discovery
- The information has been reported in a local newspaper
Correct answer: Disclosure is reasonably necessary to prevent reasonably certain death or substantial bodily harm
Rule 1.6(b) of the Arizona RPC allows—but does not require—disclosure to prevent reasonably certain death or substantial bodily harm even without the client's consent.
Question 2: A lawyer's duty of competence under Rule 1.1 requires:
- Passing the bar exam in the relevant jurisdiction
- Legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation (Correct answer)
- Having at least five years of experience in the relevant area of law
- Maintaining malpractice insurance
Correct answer: Legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation
Rule 1.1 requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation, which can be achieved through study and association with experienced counsel.
Question 3: Under Rule 1.7, a concurrent conflict of interest exists when:
- A lawyer represents two clients in different, unrelated matters
- Representation of one client is directly adverse to another client, or a significant risk exists that representation will be materially limited by other interests (Correct answer)
- A lawyer's fee exceeds 33% of the client's recovery
- A lawyer has previously represented the opposing party
Correct answer: Representation of one client is directly adverse to another client, or a significant risk exists that representation will be materially limited by other interests
Rule 1.7 identifies concurrent conflicts when representation is directly adverse to another client or when there is a significant risk the representation will be materially limited by the lawyer's other responsibilities or interests.
Question 4: The attorney-client privilege belongs to:
- The attorney, who may assert or waive it independently
- The client, who may assert or waive it (Correct answer)
- Both the attorney and client jointly
- The court, which controls its assertion
Correct answer: The client, who may assert or waive it
The attorney-client privilege belongs to the client, who has the sole right to assert or waive it; the attorney may assert it on the client's behalf but cannot waive it without the client's consent.
Question 5: Under Rule 1.15, a lawyer must:
- Deposit all client funds into the lawyer's operating account for safekeeping
- Keep client funds separate from the lawyer's own funds in a client trust account (Correct answer)
- Invest client funds to earn interest for the client
- Provide monthly statements for all client trust accounts
Correct answer: Keep client funds separate from the lawyer's own funds in a client trust account
Rule 1.15 requires lawyers to keep client funds in a separate trust account and to maintain complete records of those funds.
Question 6: A lawyer may ethically withdraw from representation without court permission when:
- The client cannot pay legal fees
- The withdrawal can be accomplished without material adverse effect on the client's interests, or other grounds under Rule 1.16(b) exist (Correct answer)
- The lawyer disagrees with the client's legal strategy
- The matter has become too complex for the lawyer to handle
Correct answer: The withdrawal can be accomplished without material adverse effect on the client's interests, or other grounds under Rule 1.16(b) exist
Rule 1.16(b) permits withdrawal when it can be accomplished without material adverse effect on the client, or when specified grounds exist such as the client's fraudulent conduct or an irreconcilable conflict.
AZ Bar Professional Responsibility 1
Under the Arizona Rules of Professional Conduct, a lawyer must keep client information confidential unless an exception applies.
Which of the following is a recognized exception?