KS Bar Professional Responsibility and Ethics 3

Question 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:

Accepted Answer

Report the matter up the corporate ladder to protect the organization

Answer

Report the CFO to law enforcement immediately

Answer

Keep the information confidential as it was told in confidence

Answer

Withdraw from representation without explanation

Question 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:

Accepted Answer

Report the violation to the Kansas Disciplinary Administrator

Answer

Report the violation to opposing counsel in any pending litigation

Answer

Notify the client of the other lawyer's misconduct

Answer

Take no action if the misconduct occurred in a different county

Question 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:

Accepted Answer

Not make false statements of material fact in return

Answer

Immediately disclose the error to the court

Answer

Inform opposing counsel's client directly

Answer

Withdraw from the negotiation

Question 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:

Accepted Answer

The attorney to demonstrate fitness by clear and convincing evidence

Answer

The Disciplinary Administrator to show the attorney remains unfit

Answer

Neither party — reinstatement is automatic after five years

Answer

The attorney to show fitness by a preponderance of the evidence

Question 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:

Accepted Answer

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

Answer

More than one year has passed since the prior representation ended

Answer

Client A provides written consent

Answer

The former representation was handled by a different partner

Question 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:

Accepted Answer

Recuse and not participate in the matter

Answer

Proceed because judicial immunity protects all prior decisions

Answer

Disclose the prior involvement and allow parties to waive the conflict

Answer

Recuse only if the prosecutor personally argued the case

Question 7

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

Accepted Answer

Disclose the evidence to the defense and take remedial action

Answer

Maintain confidentiality to protect the verdict's finality

Answer

Notify only the sentencing judge

Answer

File the evidence under seal pending further investigation