LA Bar Professional Responsibility 3

Question 1

Attorney Cole represents Company A in a contract dispute. Company B, an adverse party, later asks Cole to represent it in an unrelated tax matter. Under LRPC 1.7, Cole:

Accepted Answer

Has a concurrent conflict and may not represent Company B without informed written consent of both clients

Answer

LRPC 1.7 prohibits representing directly adverse parties concurrently without informed written consent from both clients.

Question 2

Under LRPC 1.9, a lawyer who has formerly represented a client in a matter may represent an adverse party in a new matter if:

Accepted Answer

The new matter is substantially different and no material information was gained from the former client

Answer

LRPC 1.9 bars successive representation only where the matters are the same or substantially related and material confidential information was obtained.

Question 3

Under the Louisiana Rules, a lawyer in a firm is disqualified from a matter because of a personal conflict. Which statement best describes the effect on the rest of the firm?

Accepted Answer

Imputation rules may disqualify the firm unless the conflict is personal and screening procedures are in place

Answer

Under LRPC 1.10, conflicts are generally imputed to the firm, but personal-interest conflicts may not be imputed if proper screening is used.

Question 4

An attorney wants to enter a business transaction with a current client. Under LRPC 1.8(a), the transaction is permissible only if:

Accepted Answer

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

Answer

LRPC 1.8(a) requires that business transactions with clients be on fair terms, fully disclosed in writing, with independent counsel advised and written informed consent obtained.

Question 5

A lawyer represents co-defendants in a criminal case. One co-defendant offers to cooperate with prosecutors in exchange for a reduced charge that would harm the other co-defendant. Under the Louisiana Rules, the lawyer must:

Accepted Answer

Withdraw from representing both clients due to the unwaivable conflict

Answer

When co-defendants' interests become directly adverse — one seeking a deal against the other — the conflict is likely unwaivable and requires withdrawal from both representations.

(LA Bar) Louisiana Bar Exam Practice Test

(LA Bar) Louisiana Bar Exam Practice Test

LA Bar Professional Responsibility 3