KY Bar Professional Responsibility 4

Question 1

A client with diminished capacity faces a risk of substantial financial harm. Under Kentucky Rule 1.14, the lawyer may:

Accepted Answer

Take reasonably necessary protective action, including consulting individuals or entities able to protect the client

Answer

Rule 1.14(b) authorizes reasonably necessary protective action when a diminished-capacity client is at risk of substantial harm.

Question 2

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:

Accepted 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

Answer

Rule 1.2(d) forbids assisting known crime or fraud while allowing a good-faith discussion of legal consequences.

Question 3

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:

Accepted 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

Answer

Rule 1.7(b) lists these four conditions for waiving a concurrent conflict.

Question 4

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:

Accepted 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

Answer

Comment to Rule 4.1 treats settlement posturing about value and intentions as non-material puffery under accepted negotiation conventions.

Question 5

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:

Accepted Answer

Must continue if ordered by the tribunal to do so, notwithstanding good cause for withdrawal

Answer

Rule 1.16(c) requires a lawyer to continue representation when ordered by a tribunal despite good cause for termination.

(KY Bar) Kentucky Bar Exam Practice Test

(KY Bar) Kentucky Bar Exam Practice Test

KY Bar Professional Responsibility 4