Lawyer Legal Ethics & Professional Responsibility 2 — Questions and Answers
Question 1: Under Model Rule 8.4, which conduct constitutes professional misconduct?
- Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation (Correct answer)
- Advising a client to settle a case
- Refusing a case due to a scheduling conflict
- Charging a flat fee for document review
Correct answer: Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation
Rule 8.4(c) specifically identifies conduct involving dishonesty, fraud, deceit, or misrepresentation as professional misconduct.
Question 2: What does 'client confidentiality' under Model Rule 1.6 protect?
- All information relating to the representation of a client, regardless of the source (Correct answer)
- Only privileged communications made directly between lawyer and client
- Only written communications submitted to the court
- Only information the client labels as confidential
Correct answer: All information relating to the representation of a client, regardless of the source
Rule 1.6 protects all information relating to representation, which is broader than attorney-client privilege and covers information from any source.
Question 3: When may a lawyer reveal confidential client information without client consent under Rule 1.6(b)?
- To prevent reasonably certain death or substantial bodily harm (Correct answer)
- Whenever the client's interests conflict with the lawyer's fees
- To impress a prospective client with past case results
- To inform the media of a high-profile case
Correct answer: To prevent reasonably certain death or substantial bodily harm
Rule 1.6(b)(1) permits — but does not require — disclosure to prevent reasonably certain death or substantial bodily harm.
Question 4: What is 'imputed disqualification' under Model Rule 1.10?
- A conflict of one lawyer in a firm is attributed to all lawyers in that firm (Correct answer)
- A disqualification order issued by the court against a specific lawyer
- The removal of a lawyer from the bar roll
- A conflict that arises after the case begins
Correct answer: A conflict of one lawyer in a firm is attributed to all lawyers in that firm
Rule 1.10 provides that a conflict of interest of one attorney is generally imputed to all attorneys associated in a firm.
Question 5: Under the Model Rules, what is a lawyer's duty when they receive funds belonging to a client?
- Keep client funds in a separate trust account (Correct answer)
- Deposit them into the firm's general operating account
- Immediately disburse them to the client without holding
- Report the receipt to the state bar
Correct answer: Keep client funds in a separate trust account
Rule 1.15 requires lawyers to hold client funds in a separate trust account (IOLTA) kept apart from the lawyer's own property.
Question 6: A lawyer must communicate to the client under Rule 1.4 when:
- A settlement offer has been made by the opposing party (Correct answer)
- The lawyer believes the case will ultimately be lost
- The opposing lawyer sends an informal letter
- The client misunderstands the complexity of the law
Correct answer: A settlement offer has been made by the opposing party
Rule 1.4(a)(2) requires a lawyer to reasonably consult with the client about the means by which the client's objectives are to be accomplished, including communicating all settlement offers.
Lawyer Legal Ethics & Professional Responsibility 2
Under Model Rule 8.4, which conduct constitutes professional misconduct?