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Ethics and Professional Responsibility Flashcards

7 cards from real DE BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Ethics and Professional Responsibility flashcards as text

  1. A Delaware lawyer is contacted by a prospective client who shares confidential details but does not retain the lawyer. Under Rule 1.18, the lawyer:

    Answer: May not use or reveal information learned in the consultation except as Rule 1.9 would allow

    Rule 1.18 protects prospective clients' information much like former clients' information under Rule 1.9.

  2. A lawyer wants to communicate directly with the opposing party, who is represented by counsel, about the subject of the litigation. The lawyer may do so only if:

    Answer: The opposing party's lawyer consents or the contact is authorized by law or court order

    Rule 4.2 bars communication with a represented person about the matter absent consent of that person's lawyer or legal authorization.

  3. A prosecutor in a Delaware criminal case possesses evidence that tends to negate the guilt of the accused. Under Rule 3.8, the prosecutor must:

    Answer: Make timely disclosure to the defense

    Rule 3.8(d) requires prosecutors to make timely disclosure of evidence that tends to negate guilt or mitigate the offense.

  4. A lawyer who is a partner at a firm learns that another partner has misappropriated client trust funds. Under Rule 8.3, the lawyer:

    Answer: Must report the violation to the Office of Disciplinary Counsel because it raises a substantial question of honesty and trustworthiness

    Rule 8.3 mandates reporting misconduct that raises a substantial question about a lawyer's honesty, trustworthiness, or fitness.

  5. A lawyer proposes to limit the scope of a representation to reviewing a single contract for a flat fee. This limited-scope arrangement is proper if:

    Answer: The limitation is reasonable under the circumstances and the client gives informed consent

    Rule 1.2(c) allows limiting the scope of representation if reasonable under the circumstances and the client gives informed consent.

  6. A lawyer holds disputed funds claimed by both the client and a third-party medical lienholder. Under Rule 1.15, the lawyer should:

    Answer: Keep the disputed portion separate in trust until the dispute is resolved

    Disputed funds must remain in the trust account until the dispute over entitlement is resolved.

  7. A lawyer running for judicial office in Delaware knowingly makes a false statement about an opponent's record. This conduct violates:

    Answer: Rule 8.2, which prohibits knowingly false statements concerning the qualifications or integrity of judges and judicial candidates

    Rule 8.2 bars statements the lawyer knows to be false or made with reckless disregard concerning judicial officers and candidates.