FREE KS Bar Professional Responsibility and Ethics Questions and Answers
Under the Kansas Rules of Professional Conduct, what is required of an attorney when they have a conflict of interest?
When an attorney has a conflict of interest, they are required to either withdraw from representation or obtain informed consent from the client if the conflict is waivable. Failure to address conflicts properly can undermine the representation and violate ethical obligations.
What is the primary duty of an attorney in regard to client confidentiality?
The primary duty of an attorney is to maintain the confidentiality of all information relating to the representation of the client. This duty is fundamental to the attorney-client relationship and is protected by ethical rules and legal standards.
What is the proper procedure for an attorney who discovers that their client has perjured themselves?
An attorney who discovers that their client has committed perjury must take steps to address the situation, which may include informing the court and seeking to remedy the false testimony. This action is required to uphold the integrity of the legal system.
How should an attorney handle a situation where they have a financial interest in a matter involving a current client?
When an attorney has a financial interest in a matter involving a current client, they must immediately disclose this interest to the client and obtain informed consent. This ensures transparency and helps prevent conflicts of interest that could affect the representation.
What is the consequence for an attorney who fails to communicate adequately with their client?
Failure to communicate adequately with a client can lead to disciplinary action against the attorney for not meeting professional standards. Effective communication is a fundamental aspect of legal practice and is required to ensure that clients are informed and able to make decisions about their case.