FREE OH Bar Multistate Professional Responsibility Questions and Answers
During a deposition, a witness discloses information that was communicated to them by their attorney. What should the attorney do to protect the privilege?
Attorney-client privilege protects confidential communications between an attorney and their client. If a witness discloses such information, the attorney should object and assert the privilege to prevent further disclosure of privileged information.
A lawyer is representing a client in a civil suit and learns that the opposing party is a close friend from law school. What is the appropriate action for the lawyer to take?
The Model Rules require attorneys to disclose any potential conflicts of interest to their clients. The client must be informed about the relationship and give informed consent before the lawyer can continue representing them. This ensures transparency and allows the client to make an informed decision about whether to proceed with the representation.
An attorney learns that their client intends to commit a crime in the future that would result in significant harm to another person. Under the Model Rules of Professional Conduct, what should the attorney do?
Under the Model Rules, an attorney has a duty of confidentiality but can disclose information to prevent a client from committing a crime that is likely to result in imminent death or substantial bodily harm. The attorney should take steps to prevent the crime, which may include reporting it to the authorities if necessary.
An attorney accidentally deposits a client’s funds into their own personal account. What is the correct course of action for the attorney?
Client funds must be kept in a separate trust account to prevent misuse or commingling. The attorney should correct the error by transferring the funds to the proper trust account immediately and inform the client of the mistake. Misuse or commingling of client funds is a serious violation of professional conduct rules.
A lawyer is asked to handle a complex matter outside their area of expertise. What is the most appropriate course of action?
Under the Model Rules, a lawyer must provide competent representation, which involves having the necessary knowledge and skill. If a lawyer lacks expertise in a particular area, they should either acquire the necessary knowledge or consult with or associate with a lawyer who has the required expertise to ensure effective representation.