KS Bar Professional Responsibility and Ethics 2

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?

Accepted Answer

Remonstrate with the client and, if unsuccessful, disclose the false testimony to the tribunal

Answer

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?

Accepted Answer

To prevent reasonably certain death or substantial bodily harm

Answer

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?

Accepted Answer

A positional conflict that must be disclosed and evaluated under KRPC 1.7

Answer

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:

Accepted Answer

Deposit it into the trust account, promptly notify the client, and disburse the client's share

Answer

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:

Accepted Answer

Unenforceable if the fee would be unreasonable under KRPC 1.5

Answer

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.

(KS Bar) Kansas Bar Exam Practice Test

(KS Bar) Kansas Bar Exam Practice Test

KS Bar Professional Responsibility and Ethics 2