Professional Responsibility Flashcards
7 cards from real KY BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Professional Responsibility flashcards as text
A client with diminished capacity faces a risk of substantial financial harm. Under Kentucky Rule 1.14, the lawyer may:
Answer: Take reasonably necessary protective action, including consulting individuals or entities able to protect the client
Rule 1.14(b) authorizes reasonably necessary protective action when a diminished-capacity client is at risk of substantial harm.
A Kentucky lawyer is asked by a client to help structure a transaction the lawyer knows is fraudulent. Under Rule 1.2(d), the lawyer:
Answer: May not counsel or assist the client in conduct the lawyer knows is criminal or fraudulent, but may discuss the legal consequences of any proposed course of conduct
Rule 1.2(d) forbids assisting known crime or fraud while allowing a good-faith discussion of legal consequences.
Two current clients of the same Kentucky lawyer want the lawyer to represent both in a lawsuit where their interests may conflict. The lawyer may proceed only if:
Answer: The lawyer reasonably believes she can competently and diligently represent each, the representation is not prohibited by law, the clients are not asserting claims against each other in the same litigation, and each gives informed consent confirmed in writing
Rule 1.7(b) lists these four conditions for waiving a concurrent conflict.
A Kentucky lawyer negotiating a settlement makes a statement about her client's 'bottom line' that overstates it. Under Rule 4.1 and its comments, this is:
Answer: Generally acceptable, because estimates of price or value and a party's intentions as to settlement are not statements of material fact in negotiation
Comment to Rule 4.1 treats settlement posturing about value and intentions as non-material puffery under accepted negotiation conventions.
A Kentucky lawyer wishes to withdraw from a case on the eve of trial because the client stopped paying. Under Rule 1.16, the lawyer:
Answer: Must continue if ordered by the tribunal to do so, notwithstanding good cause for withdrawal
Rule 1.16(c) requires a lawyer to continue representation when ordered by a tribunal despite good cause for termination.
A Kentucky lawyer pays a marketing company a fee calculated as a percentage of revenue from each client the company refers. This arrangement:
Answer: Violates the rule against giving something of value for recommending the lawyer's services
Rule 7.20/7.2-type restrictions bar paying for recommendations beyond reasonable costs of permitted advertising or qualified referral services.
A sitting Kentucky judge asks a lawyer friend to make a substantial loan to the judge. If the lawyer regularly appears before that judge, the lawyer's compliance would most likely:
Answer: Assist the judge in violating judicial conduct rules, implicating Rule 8.4's prohibition on knowingly assisting a judge in conduct violating the rules of judicial conduct
Rule 8.4 makes it misconduct to knowingly assist a judicial officer in conduct that violates rules of judicial conduct or other law.
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