GA Bar GA Bar Professional Responsibility 2 — Questions and Answers
Question 1: Under Georgia's Rules of Professional Conduct, what is the standard for competent representation?
- Achieving a favorable result for the client in every matter
- The legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation (Correct answer)
- Specialization in the specific area of law involved in the matter
- Obtaining the client's written consent that the representation is competent
Correct answer: The legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation
Georgia Rule 1.1 defines competence as the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
Question 2: A Georgia lawyer serves as both a trial attorney and a witness at the same trial. Under Georgia Rule 3.7, which of the following is correct?
- A lawyer may freely serve as both advocate and witness in any matter
- A lawyer must not act as advocate at a trial where the lawyer is likely to be a necessary witness, subject to narrow exceptions (Correct answer)
- The opposing party must object before the dual role becomes impermissible
- The rule only applies if the lawyer's testimony is adverse to the client
Correct answer: A lawyer must not act as advocate at a trial where the lawyer is likely to be a necessary witness, subject to narrow exceptions
Georgia Rule 3.7 generally prohibits a lawyer from acting as both trial advocate and witness unless the testimony relates to uncontested matters, fees, or withdrawal would cause substantial hardship.
Question 3: Under the Georgia Rules of Professional Conduct, when may a lawyer reveal a client's confidential information to prevent reasonably certain death or substantial bodily harm?
- Never — confidentiality is absolute under Georgia rules
- Only with prior court approval
- A lawyer may disclose to the extent reasonably necessary to prevent the harm (Correct answer)
- Only if the client explicitly authorizes disclosure
Correct answer: A lawyer may disclose to the extent reasonably necessary to prevent the harm
Georgia Rule 1.6(b) permits — but does not require — a lawyer to disclose confidential information to prevent reasonably certain death or substantial bodily harm.
Question 4: Under Georgia Rule 1.7, a concurrent conflict of interest exists when representation of one client is directly adverse to another client. What must a lawyer do to proceed despite such a conflict?
- Simply disclose the conflict to both clients and proceed
- Obtain informed consent confirmed in writing from each affected client after full disclosure (Correct answer)
- Withdraw from representing the less important client without any notification
- File a motion with the state bar requesting permission to proceed
Correct answer: Obtain informed consent confirmed in writing from each affected client after full disclosure
Georgia Rule 1.7 requires that each affected client give informed written consent after the lawyer reasonably believes competent representation can be provided to both.
Question 5: Under the Georgia Rules of Professional Conduct, which of the following describes a lawyer's duty of communication with the client?
- A lawyer must communicate only when the client specifically requests updates
- A lawyer must keep the client reasonably informed about the status of the matter and promptly respond to reasonable requests for information (Correct answer)
- A lawyer must obtain client approval before taking any action in the case
- Communication duties apply only during active litigation
Correct answer: A lawyer must keep the client reasonably informed about the status of the matter and promptly respond to reasonable requests for information
Georgia Rule 1.4 requires a lawyer to keep clients reasonably informed about the status of matters and respond promptly to reasonable inquiries.
Question 6: Under Georgia Rule 5.3, a supervising lawyer's responsibility for the conduct of a non-lawyer assistant is best described as which of the following?
- A supervising lawyer is never responsible for a non-lawyer's misconduct
- A supervising lawyer is responsible if the lawyer orders, ratifies, or knows of the misconduct and fails to take remedial action (Correct answer)
- A supervising lawyer is strictly liable for all non-lawyer conduct in the firm
- Responsibility attaches only if the non-lawyer holds a paralegal certificate
Correct answer: A supervising lawyer is responsible if the lawyer orders, ratifies, or knows of the misconduct and fails to take remedial action
Georgia Rule 5.3 imposes responsibility on supervising lawyers when they order, ratify, or learn of non-lawyer misconduct in time to address it but fail to do so.
GA Bar GA Bar Professional Responsibility 2
Under Georgia's Rules of Professional Conduct, what is the standard for competent representation?