GA Bar Professional Responsibility Flashcards

Under the Georgia Rules of Professional Conduct, which of the following best describes when a lawyer must withdraw from representation?

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.

Under the Georgia Rules of Professional Conduct, which of the following communications with a represented adverse party is permissible?

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.

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?

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.

Under Georgia Rule 1.15, a lawyer who holds client funds must deposit them in which type of account?

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.

Under the Georgia Rules of Professional Conduct, which of the following constitutes an impermissible fee arrangement?

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.

Under the Georgia Rules of Professional Conduct, what duty does a lawyer owe to a prospective client who ultimately does not retain the lawyer?

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.