GA Bar Professional Responsibility Flashcards

Under Georgia's Rules of Professional Conduct, what is the standard for competent representation?

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.

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?

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.

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?

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.

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?

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.

Under the Georgia Rules of Professional Conduct, which of the following describes a lawyer's duty of communication with the client?

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.

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?

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.