Professional Responsibility and Ethics Flashcards

A Kansas attorney's client confesses to a past murder for which an innocent person is serving a life sentence. The client refuses to allow disclosure. Under Kansas ethics rules, the attorney:

Answer: May not disclose because the harm is not prospective — it has already occurred

KRPC 1.6's permissive disclosure exception applies only to prevent future crimes, not to remedy completed past crimes, so disclosure of a past murder remains prohibited without client consent.

Under KRPC 4.2, an attorney may communicate directly with a represented party without opposing counsel's consent only if:

Answer: Authorized by law, court order, or with opposing counsel's consent

KRPC 4.2 prohibits direct contact with represented parties except when authorized by applicable law, a court order, or the consent of the other party's attorney.

A Kansas law firm is winding down. Under KRPC 1.16 and trust account rules, what must the firm do with unclaimed client funds held in trust?

Answer: Comply with Kansas escheatment laws and remit unclaimed funds to the state

Unclaimed client trust funds are subject to Kansas escheatment (abandoned property) statutes and must be remitted to the state after the statutory dormancy period.

Under KRPC 1.7(b), a lawyer may represent a client despite a concurrent conflict of interest if all four conditions are met. Which of the following is NOT one of those conditions?

Answer: The opposing party also consents to the representation

KRPC 1.7(b) requires reasonable belief of competent representation, no legal prohibition, no claims between co-clients before the same tribunal, and each client's written informed consent — not consent from opposing parties.

A Kansas attorney drafts a will that leaves a substantial bequest to the attorney. Under KRPC 1.8(c), this is:

Answer: Prohibited unless the client is related to the attorney

KRPC 1.8(c) prohibits a lawyer from soliciting or preparing an instrument giving the lawyer a substantial gift from a client, unless the client is related to the lawyer.

Under Kansas Supreme Court Rule 226 (KRPC 3.5), which contact with a juror is permissible after trial?

Answer: Contacting a juror to discuss the verdict if the juror consents and no court order prohibits it

KRPC 3.5(b) prohibits improper juror contact but post-verdict communication with a willing juror is generally permissible absent a court prohibition or prohibited purpose such as harassment.

An attorney who learns that opposing counsel has inadvertently sent a privileged document is required by KRPC 4.4(b) to:

Answer: Promptly notify opposing counsel of the inadvertent disclosure

KRPC 4.4(b) requires a lawyer who receives an inadvertently disclosed document relating to opposing counsel's representation to promptly notify the sender.