Lawyer Legal Ethics & Professional Responsibility 2

Question 1

Under Model Rule 8.4, which conduct constitutes professional misconduct?

Accepted Answer

Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation

Answer

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?

Accepted Answer

All information relating to the representation of a client, regardless of the source

Answer

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)?

Accepted Answer

To prevent reasonably certain death or substantial bodily harm

Answer

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?

Accepted Answer

A conflict of one lawyer in a firm is attributed to all lawyers in that firm

Answer

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?

Accepted Answer

Keep client funds in a separate trust account

Answer

Rule 1.15 requires lawyers to hold client funds in a separate trust account (IOLTA) kept apart from the lawyer's own property.

Lawyer Practice Test