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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 โ€” missed cards come back until you master them.

Read the first 7 Professional Responsibility and Ethics flashcards as text
  1. A client asks her attorney to negotiate a settlement that the attorney believes is not in the client's best legal interest. Under KRPC 1.2, the attorney should:

    Answer: Advise the client of the risks but ultimately abide by the client's decision

    KRPC 1.2 allocates settlement decisions to the client; the attorney must inform the client of risks but must ultimately follow the client's informed decision.

  2. Under KRPC 7.3, a Kansas attorney may engage in live telephone solicitation of a prospective client if:

    Answer: The prospective client is a family member of the attorney

    KRPC 7.3 prohibits live solicitation of prospective clients with certain exceptions, including when the prospective client is a lawyer or has a family or prior professional relationship with the attorney.

  3. A law firm partner learns that a firm associate violated KRPC rules by failing to communicate with a client. Under KRPC 5.1, the partner is subject to discipline if:

    Answer: The partner ordered the conduct or knew of it and failed to take remedial action

    KRPC 5.1(c) holds a supervising lawyer responsible for another lawyer's violation if the supervising lawyer ordered it or knew of the violation and failed to take timely remedial action.

  4. An attorney receives a subpoena for a client's file in a civil matter. The client has not consented to disclosure. Under Kansas ethics rules, the attorney should:

    Answer: Promptly notify the client and assert any applicable privileges

    KRPC 1.6 requires the attorney to protect client confidences, which includes notifying the client of the subpoena and asserting any applicable privileges before producing files.

  5. Under the Kansas Rules, an attorney who serves as a mediator in a dispute between two parties may later represent either party in litigation related to the mediation if:

    Answer: Both parties provide informed written consent

    KRPC 1.12 prohibits a lawyer-mediator from representing a party in the same matter unless all parties give informed written consent.

  6. A Kansas attorney wants to enter into a business transaction with a client. Under KRPC 1.8(a), this is permissible only if:

    Answer: The terms are fair, fully disclosed in writing, the client is advised to seek independent counsel, and consents in writing

    KRPC 1.8(a) imposes three requirements for business transactions with clients: fair and fully disclosed terms in writing, advice to seek independent counsel, and the client's written informed consent.

  7. Under KRPC 3.4(b), which of the following is prohibited?

    Answer: Offering a financial inducement to a witness contingent on favorable testimony

    KRPC 3.4(b) prohibits offering any inducement to a witness that is prohibited by law, including payments contingent on the content or outcome of testimony.