GA Bar Professional Responsibility Flashcards

Under the Georgia Rules of Professional Conduct, which of the following best describes a lawyer's duty when dealing with an unrepresented opposing party?

Answer: A lawyer must not state or imply that the lawyer is disinterested and must not give legal advice other than to secure counsel

Georgia Rule 4.3 prohibits a lawyer from implying neutrality when dealing with an unrepresented person and limits advice to recommending that the person obtain counsel.

Under Georgia Rule 8.3, a lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty must do which of the following?

Answer: Report the violation to the State Bar of Georgia

Georgia Rule 8.3 requires a lawyer who knows of another lawyer's violation raising a substantial question of honesty or fitness to report to the State Bar of Georgia.

Under the Georgia Rules of Professional Conduct, a lawyer who previously represented a client in a substantially related matter may be disqualified from representing an adverse party. What is this doctrine called?

Answer: The successive conflicts rule

Georgia Rule 1.9 addresses successive conflicts, prohibiting a lawyer from representing a new client materially adverse to a former client in a substantially related matter.

Under Georgia Rule 1.5(e), when may a lawyer divide a fee with a lawyer in another firm?

Answer: Only when the total fee is reasonable, the client agrees in writing, and the division is proportional to services or each lawyer assumes joint responsibility

Georgia Rule 1.5(e) permits fee splitting between lawyers in different firms only when the total fee is reasonable, the client gives written consent, and the split reflects services or joint responsibility.

Under the Georgia Rules of Professional Conduct, which of the following best describes the 'hot potato' scenario in conflicts of interest?

Answer: A lawyer may not drop an existing client in order to sidestep the conflict of interest rules when taking a new adverse client

Georgia's conflicts rules prohibit a lawyer from firing a long-term client just to accept a new client adverse to the former, as this maneuver does not eliminate the conflict.

A Georgia attorney knowingly makes a false statement of material fact to a court. Which Georgia Rule of Professional Conduct is most directly violated?

Answer: Rule 3.3 (Candor Toward the Tribunal)

Georgia Rule 3.3 specifically prohibits a lawyer from knowingly making false statements of material fact or law to a tribunal.