Law Firm Legal Ethics and Professional Responsibility 1 — Questions and Answers
Question 1: Under the ABA Model Rules of Professional Conduct, which duty requires attorneys to keep client information confidential?
- Rule 1.6 – Confidentiality of Information (Correct answer)
- Rule 1.3 – Diligence
- Rule 1.5 – Fees
- Rule 1.2 – Scope of Representation
Correct answer: Rule 1.6 – Confidentiality of Information
Rule 1.6 of the ABA Model Rules requires lawyers to maintain the confidentiality of information relating to client representation.
Question 2: What is the term for a situation in which an attorney's personal interests conflict with the client's best interests?
- Conflict of interest (Correct answer)
- Breach of fiduciary duty
- Malpractice
- Waiver
Correct answer: Conflict of interest
A conflict of interest arises when an attorney's loyalties or interests could impair their ability to represent a client objectively.
Question 3: Which document do US attorneys sign upon admission to the bar, pledging to uphold the law and professional standards?
- Attorney's Oath (Correct answer)
- Retainer Agreement
- Engagement Letter
- Code of Conduct Waiver
Correct answer: Attorney's Oath
Upon bar admission, attorneys take an Attorney's Oath pledging to support the Constitution and maintain professional standards.
Question 4: What must an attorney do if they discover opposing counsel has made an inadvertent disclosure of privileged documents?
- Promptly notify opposing counsel and refrain from using the documents (Correct answer)
- Use the documents immediately before a protective order is issued
- Discard the documents without telling anyone
- File a motion to compel production
Correct answer: Promptly notify opposing counsel and refrain from using the documents
Under ABA Rule 4.4(b), an attorney who receives inadvertently disclosed privileged materials must promptly notify opposing counsel.
Question 5: What is 'candor toward the tribunal' in legal ethics?
- The duty to not make false statements of law or fact to a court (Correct answer)
- The obligation to share all client secrets with the judge
- The requirement to advocate zealously at all costs
- The duty to disclose billing records to the court
Correct answer: The duty to not make false statements of law or fact to a court
Candor toward the tribunal, governed by ABA Rule 3.3, requires attorneys to be honest and not deceive courts.
Question 6: Which ethical rule governs an attorney's duty of competence in the US?
- ABA Model Rule 1.1 (Correct answer)
- ABA Model Rule 1.6
- ABA Model Rule 3.1
- ABA Model Rule 8.4
Correct answer: ABA Model Rule 1.1
ABA Model Rule 1.1 requires lawyers to provide competent representation, including the legal knowledge, skill, thoroughness, and preparation reasonably necessary.
Law Firm Legal Ethics and Professional Responsibility 1
Under the ABA Model Rules of Professional Conduct, which duty requires attorneys to keep client information confidential?