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Professional Responsibility and Ethics Flashcards

7 cards from real KS BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Professional Responsibility and Ethics flashcards as text

  1. A Kansas attorney represents a corporation. The corporation's CEO privately tells the attorney that the CFO has been embezzling funds. Under KRPC 1.13, the attorney's primary obligation is to:

    Answer: Report the matter up the corporate ladder to protect the organization

    KRPC 1.13 requires the attorney whose client is an organization to report wrongdoing by constituents up the corporate hierarchy to protect the organizational client.

  2. Under Kansas Supreme Court Rule 226 (KRPC 8.3), a lawyer who knows that another lawyer has violated a Rule of Professional Conduct that raises a substantial question about that lawyer's fitness must:

    Answer: Report the violation to the Kansas Disciplinary Administrator

    KRPC 8.3(a) imposes a mandatory duty to report known misconduct that raises a substantial question about another lawyer's honesty, trustworthiness, or fitness to the Disciplinary Administrator.

  3. An attorney negotiating a settlement discovers that opposing counsel made a factual misrepresentation about the date of a key document. Under KRPC 4.1, the attorney must:

    Answer: Not make false statements of material fact in return

    KRPC 4.1 prohibits a lawyer from knowingly making false statements of material fact to a third person, but does not require disclosure of opposing counsel's misrepresentations.

  4. A Kansas attorney is disbarred and then applies for reinstatement five years later. Under Kansas Supreme Court Rule 219, the burden of proof for reinstatement is on:

    Answer: The attorney to demonstrate fitness by clear and convincing evidence

    Under Kansas Rule 219, an attorney seeking reinstatement bears the burden of demonstrating fitness to resume practice by clear and convincing evidence.

  5. Under KRPC 1.9, a lawyer who formerly represented Client A in a contract dispute may later represent Client B against Client A in a personal injury case if:

    Answer: The new matter is not the same or substantially related to the former matter

    KRPC 1.9 prohibits representation against a former client only in the same or substantially related matter where the interests are materially adverse.

  6. A Kansas judge who previously served as a prosecutor in a criminal case is now assigned to the same defendant's post-conviction proceeding. Under KRPC 1.12, the judge should:

    Answer: Recuse and not participate in the matter

    KRPC 1.12 prohibits a lawyer-turned-judge from participating in a matter in which the lawyer personally and substantially participated as a public officer or employee.

  7. Under KRPC 3.8, a Kansas prosecutor who obtains new credible evidence that a convicted defendant may be innocent must:

    Answer: Disclose the evidence to the defense and take remedial action

    KRPC 3.8(g) requires prosecutors who learn of credible new evidence of innocence to promptly disclose it and seek to remedy any resulting wrongful conviction.