Professional Responsibility & Ethics Flashcards

A lawyer in private practice learns that a former client is about to be defrauded by a third party. The lawyer's former representation involved the same subject matter. Under MRPC 1.9, what restriction applies?

Answer: The lawyer may not represent a person in the same or substantially related matter if that person's interests are materially adverse to the former client, unless the former client gives informed consent

MRPC 1.9(a) provides that a lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the former client's interests, unless the former client gives informed consent confirmed in writing.

Under MRPC 3.4(b), which of the following is prohibited regarding evidence and witnesses?

Answer: Falsifying evidence, counseling a witness to testify falsely, or offering an inducement to a witness that is prohibited by law

MRPC 3.4(b) prohibits a lawyer from falsifying evidence, counseling or assisting a witness to testify falsely, or offering an inducement to a witness that is prohibited by law. Legitimate witness preparation, advising witnesses of privileges, and reasonable compensation to expert witnesses are all permitted.

Under MRPC 1.2, a criminal defense lawyer is required to follow the client's instructions on which of the following decisions?

Answer: Whether to plead guilty, waive a jury trial, or testify on the defendant's own behalf

MRPC 1.2(a) reserves certain decisions exclusively to the client in criminal cases: whether to plead guilty, waive a jury trial, and whether the defendant will testify. These are fundamental decisions that affect the client's liberty and are exclusively within the client's autonomy — the lawyer must abide by them.

Under MRPC 4.2, the 'no contact rule' prohibits a lawyer from communicating about the subject of the representation with a represented adverse party. How does this rule apply to represented organizations?

Answer: The lawyer may not communicate with the organization's employees who supervise, direct, or regularly consult with counsel about the matter, who have authority to obligate the organization, or whose acts or omissions may be imputed to the organization in the matter

The Comment to MRPC 4.2 clarifies that for organizations, the no-contact rule prohibits contact with: (1) persons who supervise, direct, or regularly consult with counsel about the matter; (2) persons whose acts or omissions may be imputed to the organization for purposes of civil or criminal liability; and (3) persons who have authority to obligate the organization regarding the matter.

Under MRPC 1.16, when MUST a lawyer withdraw from representation?

Answer: When continued representation would require the lawyer to violate the Rules of Professional Conduct or other law, or when the lawyer is discharged by the client

MRPC 1.16(a) requires mandatory withdrawal when: (1) continued representation would result in violation of the Rules of Professional Conduct or other law; (2) the lawyer's physical or mental condition materially impairs ability to represent the client; or (3) the lawyer is discharged by the client (a client always has the right to discharge their lawyer).

Under MRPC 7.1 and 7.3, which of the following lawyer advertising or solicitation practices is prohibited?

Answer: A lawyer making in-person, live telephone, or real-time electronic contact with a prospective client known to be in need of legal services, when a significant motive is pecuniary gain

MRPC 7.3(a) prohibits a lawyer from soliciting professional employment by live person-to-person contact (in-person, live telephone, or real-time electronic contact) with a prospective client known to be in need of legal services when a significant motive is pecuniary gain — unless the contact is with a lawyer or a family member of the lawyer.