Ethics and Professional Responsibility Flashcards

Under the Delaware Lawyers' Rules of Professional Conduct, a lawyer may reveal confidential client information without consent when the lawyer reasonably believes it is necessary to:

Answer: Prevent reasonably certain death or substantial bodily harm

Rule 1.6(b) permits disclosure to prevent reasonably certain death or substantial bodily harm.

A Delaware lawyer is offered a contingent fee arrangement by a client in a divorce case, with the fee based on the amount of alimony secured. This arrangement is:

Answer: Prohibited because contingent fees are barred in domestic relations matters based on securing alimony or support

Rule 1.5(d) prohibits contingent fees contingent on securing a divorce or on the amount of alimony, support, or property settlement.

A lawyer receives settlement funds on behalf of a client. Under Delaware's trust accounting rules, the lawyer must:

Answer: Promptly notify the client and deliver the funds the client is entitled to receive

Rule 1.15 requires prompt notification and delivery of funds the client is entitled to receive, with client funds kept in a separate trust account.

During trial, a lawyer learns that a witness she called has testified falsely on a material issue. Under Rule 3.3, the lawyer must:

Answer: Take reasonable remedial measures, including disclosure to the tribunal if necessary

Rule 3.3 requires reasonable remedial measures, up to disclosure to the tribunal, when a lawyer learns material evidence was false.

A lawyer wants to negotiate a book deal with a client about the client's pending criminal case before the representation ends. This is:

Answer: Prohibited because a lawyer may not acquire literary or media rights based substantially on the representation before it concludes

Rule 1.8(d) bars agreements for literary or media rights based substantially on the representation until it has concluded.

A Delaware associate is instructed by a supervising partner to take an action the associate believes may be unethical. The associate is protected from discipline if:

Answer: The associate acted in accordance with the supervisor's reasonable resolution of an arguable question of professional duty

Rule 5.2(b) shields a subordinate lawyer who acts on a supervisor's reasonable resolution of an arguable ethical question.

A lawyer represents a corporation and discovers that an officer is acting illegally in a way likely to cause substantial injury to the organization. Under Rule 1.13, the lawyer should generally first:

Answer: Refer the matter to higher authority within the organization, including the board if warranted

Rule 1.13 directs the lawyer to proceed up the ladder within the organization, referring the matter to higher authority as needed.