OH Bar Multistate Professional Responsibility 1 — Questions and Answers
Question 1: 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?
- The attorney should take reasonable steps to prevent the client from committing the crime, including, if necessary, disclosing the information to the appropriate authorities. (Correct answer)
- The attorney should not disclose the information and maintain client confidentiality, as the crime has not yet been committed.
- The attorney should encourage the client to speak to law enforcement themselves.
- The attorney should ignore the threat unless the client has a history of criminal behavior.
Correct answer: The attorney should take reasonable steps to prevent the client from committing the crime, including, if necessary, disclosing the information to the appropriate authorities.
Under Model Rule of Professional Conduct 1.6(b)(1), an attorney may reveal confidential information to prevent reasonably certain death or substantial bodily harm. Many jurisdictions, including Ohio, also permit or require disclosure to prevent a client from committing a criminal act likely to result in substantial injury to the financial interests or property of another. The attorney's duty to prevent serious harm generally outweighs strict confidentiality in such grave circumstances.
Question 2: 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 lawyer should disclose the relationship to the client and obtain informed consent before continuing the representation. (Correct answer)
- The lawyer should withdraw from the case immediately without any explanation.
- The lawyer can continue the representation without disclosing the relationship if the friend is a minor part of the case.
- The lawyer should inform the opposing party about the potential conflict of interest.
Correct answer: The lawyer should disclose the relationship to the client and obtain informed consent before continuing the representation.
Under Model Rule of Professional Conduct 1.7, a lawyer's personal relationship with an opposing party can create a conflict of interest, as it might materially limit the lawyer's representation of their client. To continue representation, the lawyer must disclose the relationship to their client and obtain their informed consent, preferably confirmed in writing. This ensures the client is aware of any potential bias and agrees to proceed.
Question 3: A lawyer is asked to handle a complex matter outside their area of expertise. What is the most appropriate course of action?
- The lawyer should seek to acquire the necessary knowledge or associate with a lawyer who has the required expertise to ensure competent representation. (Correct answer)
- The lawyer should accept the case and rely on general legal principles without additional assistance.
- The lawyer should immediately decline the case without further consideration.
- The lawyer should proceed with the case and hope for the best outcome.
Correct answer: The lawyer should seek to acquire the necessary knowledge or associate with a lawyer who has the required expertise to ensure competent representation.
Model Rule of Professional Conduct 1.1 requires lawyers to provide competent representation. If a lawyer is asked to handle a complex matter outside their area of expertise, they must either decline the case, acquire the necessary knowledge and skill, or associate with another lawyer who possesses the required expertise. This ensures the client receives effective and knowledgeable legal services.
Question 4: During a deposition, a witness discloses information that was communicated to them by their attorney. What should the attorney do to protect the privilege?
- Object to the question and assert attorney-client privilege to prevent the witness from disclosing the privileged information. (Correct answer)
- Allow the witness to answer the question without objection.
- Advise the witness to withhold all answers related to attorney-client communications.
- Ignore the disclosure and continue with the deposition.
Correct answer: Object to the question and assert attorney-client privilege to prevent the witness from disclosing the privileged information.
The attorney-client privilege protects confidential communications between a client and their attorney made for the purpose of obtaining legal advice. If a witness begins to disclose such privileged information during a deposition, the attorney must promptly object and assert the attorney-client privilege. Failure to object can result in the waiver of the privilege, allowing the information to become admissible.
Question 5: An attorney accidentally deposits a client’s funds into their own personal account. What is the correct course of action for the attorney?
- The attorney should immediately transfer the funds to a proper client trust account and notify the client of the error. (Correct answer)
- The attorney should keep the funds in their personal account until the client requests them.
- The attorney can use the funds for personal expenses if they plan to reimburse the client later.
- The attorney should disregard the mistake if no harm has occurred.
Correct answer: The attorney should immediately transfer the funds to a proper client trust account and notify the client of the error.
Model Rule of Professional Conduct 1.15 mandates that client funds be kept separate from the lawyer's own funds, typically in a client trust account. Commingling funds, even accidentally, is a serious ethical violation. The attorney must immediately rectify the error by transferring the funds to the proper client trust account and promptly notify the client of the mistake and its correction to maintain transparency and trust.
OH Bar Multistate Professional Responsibility 1
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?