KS Bar Professional Responsibility and Ethics 2 — Questions and Answers
Question 1: An attorney learns during representation that her client is about to commit perjury at trial. Under the Kansas Rules of Professional Conduct, what must the attorney do?
- Withdraw immediately without explanation
- Remonstrate with the client and, if unsuccessful, disclose the false testimony to the tribunal (Correct answer)
- Continue representation and allow the client to testify
- Notify opposing counsel but not the court
Correct answer: Remonstrate with the client and, if unsuccessful, disclose the false testimony to the tribunal
KRPC 3.3 requires an attorney to remonstrate with the client about the perjury and, if the client proceeds, take remedial measures including disclosure to the tribunal.
Question 2: Under Kansas ethics rules, which of the following best describes when a lawyer may reveal confidential client information without consent?
- Whenever the attorney believes disclosure serves the public interest
- Only when required by a court order or subpoena
- To prevent reasonably certain death or substantial bodily harm (Correct answer)
- When the client has paid all outstanding fees
Correct answer: To prevent reasonably certain death or substantial bodily harm
KRPC 1.6(b) permits (but does not require) disclosure of confidential information to prevent reasonably certain death or substantial bodily harm.
Question 3: A Kansas lawyer serves on a bar association committee that drafts legal standards affecting a client's industry. This situation most likely creates which type of conflict?
- A per se disqualifying conflict requiring immediate withdrawal
- A positional conflict that must be disclosed and evaluated under KRPC 1.7 (Correct answer)
- No conflict because bar service is pro bono
- A conflict only if the client objects
Correct answer: A positional conflict that must be disclosed and evaluated under KRPC 1.7
Positional conflicts arise when a lawyer advocates positions in one matter that are adverse to a client's interest in another, requiring analysis under KRPC 1.7.
Question 4: Under KRPC 1.15, a Kansas attorney receives a settlement check payable to both the attorney and the client. The proper handling is to:
- Deposit the full amount into the operating account until the fee dispute is resolved
- Deposit it into the trust account, promptly notify the client, and disburse the client's share (Correct answer)
- Cash the check and hold the client's portion in a safe
- Endorse the check to the client without depositing it
Correct answer: Deposit it into the trust account, promptly notify the client, and disburse the client's share
KRPC 1.15 requires settlement funds to be deposited in a trust account with prompt notification to the client and disbursement of funds the client is entitled to receive.
Question 5: A lawyer's fee agreement states that unearned retainer funds are nonrefundable. Under Kansas ethics rules, this provision is:
- Fully enforceable if signed by the client
- Unenforceable if the fee would be unreasonable under KRPC 1.5 (Correct answer)
- Valid only for contingency fee arrangements
- Permissible for fees over $10,000
Correct answer: Unenforceable if the fee would be unreasonable under KRPC 1.5
KRPC 1.5 requires all fees to be reasonable; a nonrefundable retainer clause cannot override this requirement and is unenforceable to the extent it results in an unreasonable fee.
Question 6: Which statement about Kansas lawyer advertising rules is correct?
- Television advertising by attorneys is prohibited
- An attorney may not use a trade name for a law firm
- Advertising must not be false or misleading (Correct answer)
- Attorneys may not advertise in social media
Correct answer: Advertising must not be false or misleading
KRPC 7.1 prohibits false or misleading communications about a lawyer's services; other forms of advertising are generally permitted subject to specific rules.
Question 7: Under KRPC 5.5, a lawyer admitted in Missouri who is not admitted in Kansas may practice in Kansas:
- Indefinitely if the client's matter involves federal law
- Only if associated with a Kansas-licensed attorney on the matter
- Temporarily for matters arising out of or reasonably related to the lawyer's home state practice (Correct answer)
- Never without Kansas bar admission
Correct answer: Temporarily for matters arising out of or reasonably related to the lawyer's home state practice
KRPC 5.5(c) permits temporary practice by an out-of-state lawyer for matters arising out of or reasonably related to their home-state practice, subject to certain conditions.
KS Bar Professional Responsibility and Ethics 2
An attorney learns during representation that her client is about to commit perjury at trial.
Under the Kansas Rules of Professional Conduct, what must the attorney do?