DE Bar Ethics and Professional Responsibility 3

Question 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:

Accepted Answer

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

Answer

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

Question 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:

Accepted Answer

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

Answer

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

Question 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:

Accepted Answer

Make timely disclosure to the defense

Answer

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

Question 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:

Accepted Answer

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

Answer

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

Question 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:

Accepted Answer

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

Answer

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

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Ethics and Professional Responsibility 3