Ethics and Professional Responsibility Flashcards

A Delaware lawyer previously represented Company A in negotiating a supply contract. The lawyer now wants to represent Company B suing Company A over that same contract. Without Company A's informed consent, this is:

Answer: Prohibited under Rule 1.9 because it is the same or a substantially related matter with materially adverse interests

Rule 1.9 bars a lawyer from opposing a former client in the same or a substantially related matter absent informed written consent.

A lawyer moves from Firm X, where she personally worked on Client Z's matter, to Firm Y, which represents Client Z's adversary in that matter. Firm Y may continue the representation if:

Answer: The migrating lawyer is timely screened, receives no part of the fee from the matter, and written notice is given

Rule 1.10 permits screening of a laterally moving lawyer with no fee apportionment from the matter and prompt written notice to the former client.

A client insists that his lawyer call a witness the lawyer knows will commit perjury in a civil case. The lawyer:

Answer: Must refuse to offer testimony the lawyer knows is false

Rule 3.3(a)(3) prohibits a lawyer from offering evidence the lawyer knows to be false.

A lawyer wishes to enter into a business transaction with a current client. Under Rule 1.8(a), the transaction requires all of the following EXCEPT:

Answer: Approval by the Delaware Supreme Court

Rule 1.8(a) requires fairness, written disclosure, advice to seek independent counsel, and signed informed consent, but no court approval.

A lawyer's ad states she is a 'specialist in Delaware corporate law' though she has no certification from an accredited organization. Under the advertising rules, this is:

Answer: Improper because lawyers may not state or imply certification as a specialist absent proper accreditation

Rule 7.2 restricts claims of specialization or certification unless the lawyer is certified by an appropriate accredited organization and names it.

A client with diminished capacity is at risk of substantial financial harm and cannot adequately act in her own interest. Under Rule 1.14, the lawyer may:

Answer: Take reasonably necessary protective action, including seeking appointment of a guardian

Rule 1.14 authorizes reasonably necessary protective action, including consulting protective services or seeking a guardian, when the client is at risk.

A lawyer paid a $10,000 flat fee in advance completes only half the agreed work before the client discharges him. The lawyer must:

Answer: Refund any unearned portion of the fee upon termination

Rule 1.16(d) requires refunding any advance payment of fee that has not been earned upon termination.