Professional Responsibility & Ethics Flashcards

Under Model Rule of Professional Conduct 1.6, which of the following is a mandatory exception to the duty of client confidentiality?

Answer: The lawyer must reveal confidential information when ordered by a court with appropriate jurisdiction

MRPC 1.6(b) lists permissive exceptions (the lawyer 'may' disclose), not mandatory ones. However, a court order with appropriate jurisdiction creates a legal obligation — the lawyer must comply with a valid court order to disclose or reveal information, subject to proper objections and appeal.

Under MRPC 1.7, which of the following creates a non-waivable conflict of interest that the lawyer cannot represent both clients despite informed consent?

Answer: Asserting a claim by one client against another current client in the same litigation

Under MRPC 1.7(b)(3), a lawyer cannot represent a client if the representation involves asserting a claim against another current client in the same proceeding — even with both clients' informed consent. This is a non-waivable conflict because the lawyer owes each client undivided loyalty, which is incompatible with advancing one client's claim against the other in the same case.

Under MRPC 3.3, what must a lawyer do if, after completing the representation, the lawyer discovers that the client offered testimony the lawyer now knows was false?

Answer: Promptly disclose the false testimony to the tribunal if the client refuses to correct it

MRPC 3.3(a)(3) prohibits a lawyer from offering evidence the lawyer knows to be false. Under 3.3(b), a lawyer who has offered material evidence and later learns it was false must take reasonable remedial measures, including disclosure to the tribunal if necessary — even if this requires revealing confidential information. This duty continues to the conclusion of the proceeding.

Under MRPC 1.15, what are the requirements for handling client funds held in trust?

Answer: Client funds must be kept in a separate trust account, and the lawyer must maintain records of all deposits and disbursements and promptly deliver client funds to the client

MRPC 1.15 requires lawyers to keep client funds completely separate from their own funds in a designated trust account (IOLTA — Interest on Lawyers' Trust Accounts — in most states), maintain complete records, promptly notify clients of receipt of client funds, and promptly deliver client funds to the client upon request.

Under MRPC 5.3, a supervising lawyer is responsible for the conduct of a non-lawyer assistant when:

Answer: The supervisor knows of the conduct at the time when its consequences can be avoided and fails to take reasonable remedial action, or if the supervisor orders or ratifies the conduct with knowledge that it violates the rules

MRPC 5.3(c) makes a lawyer responsible for a non-lawyer's Rule-violating conduct if: (1) the lawyer ordered or ratified the conduct knowing it was a violation; or (2) the lawyer had managerial authority and knew of the conduct at a time when its consequences could be avoided or mitigated, but failed to take reasonable remedial action.

Under MRPC 8.3, when must a lawyer report another lawyer's professional misconduct?

Answer: A lawyer who knows that another lawyer has committed a violation that raises a substantial question about the other lawyer's honesty, trustworthiness, or fitness must report it to the appropriate professional authority

MRPC 8.3(a) requires a lawyer who knows that another lawyer has committed a violation of the Rules that raises a 'substantial question' about that lawyer's honesty, trustworthiness, or fitness as a lawyer to report that violation to the appropriate professional authority. Minor violations that do not raise substantial fitness questions are not required to be reported.