Lawyer Legal Ethics & Professional Responsibility 1 — Questions and Answers
Question 1: Under the Model Rules of Professional Conduct, when must a lawyer withdraw from representation?
- When representation will result in a violation of the law or rules of professional conduct (Correct answer)
- When the client refuses to pay retainer fees on time
- When the opposing counsel objects to the representation
- When the case becomes too complex
Correct answer: When representation will result in a violation of the law or rules of professional conduct
Rule 1.16(a) requires mandatory withdrawal when continued representation would violate the Rules of Professional Conduct or other law.
Question 2: What is the primary obligation of a lawyer under the duty of competence as defined by Model Rule 1.1?
- To provide legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation (Correct answer)
- To win every case the lawyer accepts
- To charge the lowest possible fees
- To respond to all client communications within 24 hours
Correct answer: To provide legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation
Model Rule 1.1 defines competence as requiring the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
Question 3: Which of the following is an example of a conflict of interest under Model Rule 1.7?
- Representing two clients whose interests are directly adverse (Correct answer)
- Representing a client in a jurisdiction where the lawyer is not licensed
- Charging a contingency fee in a personal injury case
- Failing to return phone calls promptly
Correct answer: Representing two clients whose interests are directly adverse
Rule 1.7(a)(1) prohibits representation when it involves a concurrent conflict where clients' interests are directly adverse.
Question 4: Under the Model Rules, how long must a lawyer generally retain client files after the conclusion of a matter?
- The period varies by state bar rules, but commonly five years (Correct answer)
- Indefinitely — files must never be destroyed
- Six months after the case closes
- One year after the case closes
Correct answer: The period varies by state bar rules, but commonly five years
Retention periods are governed by individual state rules and vary, but many states require retention for approximately five years after matter conclusion.
Question 5: What standard governs whether a lawyer's fee is permissible under Model Rule 1.5?
- The fee must be reasonable (Correct answer)
- The fee must be approved by the court
- The fee must be less than 30% of the recovery
- The fee must be disclosed to opposing counsel
Correct answer: The fee must be reasonable
Model Rule 1.5(a) provides that a lawyer shall not make an agreement for, charge, or collect an unreasonable fee.
Question 6: A lawyer who discovers a client intends to commit perjury must first do what?
- Counsel the client against it and explain the legal consequences (Correct answer)
- Immediately disclose the planned perjury to the court
- Withdraw from the case without explanation
- Inform the opposing party of the planned testimony
Correct answer: Counsel the client against it and explain the legal consequences
Under Rule 3.3, the lawyer must first attempt to dissuade the client from offering false testimony before taking further remedial action.
Lawyer Legal Ethics & Professional Responsibility 1
Under the Model Rules of Professional Conduct, when must a lawyer withdraw from representation?