LA Bar Professional Responsibility 2 — Questions and Answers
Question 1: An attorney learns during representation that her client intends to commit perjury at trial. Under the Louisiana Rules of Professional Conduct, what must the attorney do if the client refuses to correct the false testimony?
- Withdraw from representation immediately without disclosure
- Disclose the false testimony to the tribunal if necessary (Correct answer)
- Proceed with the case and say nothing to protect client confidentiality
- Notify opposing counsel of the client's intent
Correct answer: Disclose the false testimony to the tribunal if necessary
Under LRPC 3.3, a lawyer must take remedial measures including disclosure to the tribunal if necessary when a client has offered false evidence and refuses to correct it.
Question 2: Under the Louisiana Rules of Professional Conduct, which of the following communications is NOT protected by the attorney-client privilege?
- A client's disclosure of past criminal conduct made in confidence to seek legal advice
- A client's statement seeking help to commit a future fraud (Correct answer)
- A client's description of facts surrounding a civil dispute
- A client's disclosure of prior unpublicized wrongdoing relevant to the current matter
Correct answer: A client's statement seeking help to commit a future fraud
The crime-fraud exception removes privilege protection for communications made in furtherance of a future crime or fraud.
Question 3: Attorney Reyes represents a client in a personal injury matter. The client tells Reyes she plans to destroy documents that are subject to a litigation hold. Under LRPC 3.4, Reyes must:
- Advise the client not to destroy the documents and withdraw if the client proceeds (Correct answer)
- Destroy the documents himself to protect the client
- Inform the court of the client's plan immediately
- Notify opposing counsel to protect the client's interests
Correct answer: Advise the client not to destroy the documents and withdraw if the client proceeds
LRPC 3.4 prohibits obstruction of another party's access to evidence; the attorney must counsel the client against destruction and may need to withdraw if the client persists.
Question 4: Under the Louisiana Rules of Professional Conduct, an attorney who receives a document clearly mistakenly sent by opposing counsel should:
- Read the document thoroughly before deciding what to do
- Promptly notify the sender and abide by instructions regarding its return (Correct answer)
- Use the information contained in the document to benefit the client
- File the document with the court and disclose it to the judge
Correct answer: Promptly notify the sender and abide by instructions regarding its return
LRPC 4.4(b) requires an attorney who receives inadvertently sent documents to promptly notify the sender.
Question 5: A Louisiana attorney receives client funds that must be held in trust. The attorney may NOT:
- Keep the funds in a separate IOLTA account
- Disburse the funds once earned
- Commingle the client funds with personal funds for administrative convenience (Correct answer)
- Maintain records of the funds for at least five years
Correct answer: Commingle the client funds with personal funds for administrative convenience
LRPC 1.15 strictly prohibits commingling client funds with an attorney's personal or business funds.
Question 6: Under LRPC 1.6, an attorney MAY disclose confidential client information without consent to:
- Benefit the attorney's financial interests in a business deal
- Prevent reasonably certain death or substantial bodily harm (Correct answer)
- Impress a potential client with the attorney's skill
- Satisfy curiosity expressed by a judge at a social event
Correct answer: Prevent reasonably certain death or substantial bodily harm
LRPC 1.6(b)(1) permits disclosure to prevent reasonably certain death or substantial bodily harm.
Question 7: Attorney Moss withdraws from representing a client in the middle of litigation. Under LRPC 1.16, which obligation does Moss retain after withdrawal?
- None — all duties end upon withdrawal
- Duty to continue monitoring the case outcome
- Duty to take steps to protect the client's interests, including returning papers and property (Correct answer)
- Duty to represent the client pro bono until substitute counsel is found
Correct answer: Duty to take steps to protect the client's interests, including returning papers and property
LRPC 1.16(d) requires a withdrawing lawyer to take reasonable steps to protect the client's interests, including returning files and property.
LA Bar Professional Responsibility 2
An attorney learns during representation that her client intends to commit perjury at trial.
Under the Louisiana Rules of Professional Conduct, what must the attorney do if the client refuses to correct the false testimony?