Ethics and Professional Responsibility Flashcards

A nonlawyer paralegal at a Delaware firm drafts pleadings that a supervising lawyer reviews, signs, and takes responsibility for. This arrangement is:

Answer: Proper because the lawyer supervises and retains responsibility for the work product

Rule 5.3 permits delegation to nonlawyer assistants when the lawyer supervises and remains responsible for the work.

A lawyer receives an email from opposing counsel that was clearly sent by mistake and contains privileged strategy. Under Rule 4.4(b), the lawyer must:

Answer: Promptly notify the sender that the document was inadvertently sent

Rule 4.4(b) requires a lawyer who knows a document was inadvertently sent to promptly notify the sender.

Two co-defendants ask one lawyer to represent both in a criminal trial where their defenses may conflict. The lawyer may accept only if:

Answer: The lawyer reasonably believes she can competently represent both and each gives informed consent confirmed in writing

Rule 1.7 allows concurrent-conflict representation only with a reasonable belief in competent representation of each and written informed consent.

A lawyer wants to pay a marketing company a percentage of fees from each client the company refers. This arrangement is:

Answer: Generally prohibited because lawyers may not give anything of value for recommending their services outside narrow exceptions

Rule 7.2(b) bars giving anything of value for recommendations, with limited exceptions like paying reasonable advertising costs or qualified referral services.

A Delaware lawyer suffers a data breach exposing client files. The rules on competence and confidentiality most directly require the lawyer to:

Answer: Make reasonable efforts to prevent unauthorized disclosure and stay competent regarding relevant technology

Rules 1.1 and 1.6(c) require technological competence and reasonable efforts to safeguard client information from unauthorized access.

A lawyer seeks to withdraw mid-litigation because the client refuses to pay agreed fees. The lawyer may withdraw if:

Answer: The client has been warned and withdrawal can occur without material adverse effect, or other Rule 1.16(b) grounds are met, and any required court permission is obtained

Rule 1.16(b) permits withdrawal for nonpayment after warning, subject to tribunal approval and protecting the client's interests.

A juror in a pending Delaware trial sends the defense lawyer a friend request on social media during trial. The lawyer should:

Answer: Decline any communication and promptly inform the court, since ex parte contact with jurors during proceedings is prohibited

Rule 3.5 prohibits ex parte communication with jurors during the proceeding, and improper contact should be brought to the court's attention.