KS Bar Professional Responsibility and Ethics 4

Question 1

A client asks her attorney to negotiate a settlement that the attorney believes is not in the client's best legal interest. Under KRPC 1.2, the attorney should:

Accepted Answer

Advise the client of the risks but ultimately abide by the client's decision

Answer

Refuse to negotiate a settlement the attorney considers inadequate

Answer

Seek court approval before settling below the attorney's recommended amount

Answer

Withdraw if the client insists on a settlement the attorney disagrees with

Question 2

Under KRPC 7.3, a Kansas attorney may engage in live telephone solicitation of a prospective client if:

Accepted Answer

The prospective client is a family member of the attorney

Answer

The potential fee is less than $500

Answer

The prospective client is a business entity, not an individual

Answer

The solicitation is about a class action and the client is a class member

Question 3

A law firm partner learns that a firm associate violated KRPC rules by failing to communicate with a client. Under KRPC 5.1, the partner is subject to discipline if:

Accepted Answer

The partner ordered the conduct or knew of it and failed to take remedial action

Answer

The associate's conduct was not discovered until after the client filed a complaint

Answer

The partner was not directly supervising the associate at the time

Answer

The associate was acting pro bono rather than on a paid matter

Question 4

An attorney receives a subpoena for a client's file in a civil matter. The client has not consented to disclosure. Under Kansas ethics rules, the attorney should:

Accepted Answer

Promptly notify the client and assert any applicable privileges

Answer

Immediately comply with the subpoena to avoid contempt

Answer

Ignore the subpoena since it conflicts with confidentiality

Answer

Provide the file to the court in camera without notifying the client

Question 5

Under the Kansas Rules, an attorney who serves as a mediator in a dispute between two parties may later represent either party in litigation related to the mediation if:

Accepted Answer

Both parties provide informed written consent

Answer

More than six months have passed since the mediation concluded

Answer

The mediation ended without a settlement

Answer

The mediator disclosed all confidential information to both sides

Question 6

A Kansas attorney wants to enter into a business transaction with a client. Under KRPC 1.8(a), this is permissible only if:

Accepted Answer

The terms are fair, fully disclosed in writing, the client is advised to seek independent counsel, and consents in writing

Answer

The transaction involves less than $5,000

Answer

The client is a sophisticated businessperson

Answer

The business transaction is unrelated to the legal representation

Question 7

Under KRPC 3.4(b), which of the following is prohibited?

Accepted Answer

Offering a financial inducement to a witness contingent on favorable testimony

Answer

Paying an expert witness a reasonable fee for testimony

Answer

Paying a fact witness a reasonable fee for time lost from work

Answer

Reimbursing a witness for reasonable travel expenses