DE Bar Ethics and Professional Responsibility 2 — Questions and Answers
Question 1: 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:
- Prevent reasonably certain death or substantial bodily harm (Correct answer)
- Collect an overdue fee from a former client's employer
- Respond to negative online reviews with case details
- Share interesting facts with colleagues at another firm
Correct answer: Prevent reasonably certain death or substantial bodily harm
Rule 1.6(b) permits disclosure to prevent reasonably certain death or substantial bodily harm.
Question 2: 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:
- Permitted if the fee is reasonable
- Prohibited because contingent fees are barred in domestic relations matters based on securing alimony or support (Correct answer)
- Permitted only with court approval
- Permitted if put in writing and signed by the client
Correct 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.
Question 3: A lawyer receives settlement funds on behalf of a client. Under Delaware's trust accounting rules, the lawyer must:
- Deposit the funds into the firm's operating account for convenience
- Promptly notify the client and deliver the funds the client is entitled to receive (Correct answer)
- Hold all funds for 90 days before any disbursement
- Deduct the fee first and hold the remainder indefinitely
Correct 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.
Question 4: During trial, a lawyer learns that a witness she called has testified falsely on a material issue. Under Rule 3.3, the lawyer must:
- Do nothing because the testimony has already been given
- Take reasonable remedial measures, including disclosure to the tribunal if necessary (Correct answer)
- Immediately withdraw from the case without informing anyone
- Wait until the appeal to raise the false testimony
Correct 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.
Question 5: A lawyer wants to negotiate a book deal with a client about the client's pending criminal case before the representation ends. This is:
- Permitted if the client consents in writing
- Prohibited because a lawyer may not acquire literary or media rights based substantially on the representation before it concludes (Correct answer)
- Permitted because criminal cases are matters of public record
- Permitted if the proceeds are split evenly
Correct 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.
Question 6: 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:
- The associate acted in accordance with the supervisor's reasonable resolution of an arguable question of professional duty (Correct answer)
- The associate followed any order from the partner regardless of clarity
- The associate documented the disagreement in an email
- The partner has more than ten years of experience
Correct 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.
Question 7: 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:
- Resign immediately without comment
- Report the matter to law enforcement
- Refer the matter to higher authority within the organization, including the board if warranted (Correct answer)
- Inform the officer's family members
Correct 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.
DE Bar Ethics and Professional Responsibility 2
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: