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

KRPC 1.13 requires the attorney whose client is an organization to report wrongdoing by constituents up the corporate hierarchy to protect the organizational client.

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

KRPC 8.3(a) imposes a mandatory duty to report known misconduct that raises a substantial question about another lawyer's honesty, trustworthiness, or fitness to the Disciplinary Administrator.

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

KRPC 4.1 prohibits a lawyer from knowingly making false statements of material fact to a third person, but does not require disclosure of opposing counsel's misrepresentations.

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

Under Kansas Rule 219, an attorney seeking reinstatement bears the burden of demonstrating fitness to resume practice by clear and convincing 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

KRPC 1.9 prohibits representation against a former client only in the same or substantially related matter where the interests are materially adverse.

(KS Bar) Kansas Bar Exam Practice Test

(KS Bar) Kansas Bar Exam Practice Test

KS Bar Professional Responsibility and Ethics 3