GA Bar GA Bar Professional Responsibility 1 — Questions and Answers
Question 1: Under the Georgia Rules of Professional Conduct, which of the following best describes when a lawyer must withdraw from representation?
- Whenever the client requests a different strategy
- When continued representation would require the lawyer to violate a rule of professional conduct or the lawyer's physical or mental condition materially impairs representation (Correct answer)
- Whenever a conflict of interest exists between co-clients
- When the opposing party objects to the lawyer's continued representation
Correct answer: When continued representation would require the lawyer to violate a rule of professional conduct or the lawyer's physical or mental condition materially impairs representation
Georgia Rule 1.16 requires mandatory withdrawal when continued representation would violate a professional conduct rule or the lawyer is physically or mentally impaired.
Question 2: Under the Georgia Rules of Professional Conduct, which of the following communications with a represented adverse party is permissible?
- Any communication if the client consents in writing
- Communication authorized by law, such as contact allowed by court order or statute (Correct answer)
- Communication on any topic unrelated to the current litigation
- Communication if the adverse party initiates contact
Correct answer: Communication authorized by law, such as contact allowed by court order or statute
Georgia Rule 4.2 prohibits contact with represented parties without consent of their counsel, but permits communications that are authorized by law or court order.
Question 3: Under the Georgia Rules of Professional Conduct, a lawyer discovers during representation that a client intends to commit perjury at trial. What is the lawyer's proper course of action?
- Present the testimony and remain silent to protect client confidentiality
- Counsel the client against perjury, and if unsuccessful, disclose to the tribunal to prevent the fraud (Correct answer)
- Immediately withdraw without any disclosure to the court
- Inform the opposing counsel before informing the tribunal
Correct answer: Counsel the client against perjury, and if unsuccessful, disclose to the tribunal to prevent the fraud
Georgia Rule 3.3 requires a lawyer to remonstrate with the client to testify truthfully and, if unsuccessful, take reasonable remedial measures including disclosure to the tribunal.
Question 4: Under Georgia Rule 1.15, a lawyer who holds client funds must deposit them in which type of account?
- The lawyer's general operating account
- A separate trust or escrow account designated for client funds (Correct answer)
- A joint account shared with the client
- An IOLTA account only if the funds exceed $5,000
Correct answer: A separate trust or escrow account designated for client funds
Georgia Rule 1.15 requires client funds to be held in a separate trust account, segregated from the lawyer's own funds.
Question 5: Under the Georgia Rules of Professional Conduct, which of the following constitutes an impermissible fee arrangement?
- A flat fee paid in advance for defined services
- A contingent fee in a criminal defense case (Correct answer)
- A contingent fee in a personal injury case with a written agreement
- A referral fee shared with another Georgia-licensed attorney with client consent
Correct answer: A contingent fee in a criminal defense case
Georgia Rule 1.5 prohibits contingent fee arrangements in criminal defense cases because the outcome could compromise the lawyer's independent judgment.
Question 6: Under the Georgia Rules of Professional Conduct, what duty does a lawyer owe to a prospective client who ultimately does not retain the lawyer?
- No duty of any kind because no attorney-client relationship was formed
- The duty to keep confidential any information learned during the consultation that could be significantly harmful to the prospective client (Correct answer)
- A duty of loyalty that prevents representation of anyone in the same matter
- A duty to provide free representation if the prospective client cannot afford counsel
Correct answer: The duty to keep confidential any information learned during the consultation that could be significantly harmful to the prospective client
Georgia Rule 1.18 protects prospective clients by requiring confidentiality for information learned during a preliminary consultation even if representation never begins.
GA Bar GA Bar Professional Responsibility 1
Under the Georgia Rules of Professional Conduct, which of the following best describes when a lawyer must withdraw from representation?