Legal Ethics & Professional Responsibility Flashcards

Under ABA Model Rule 1.6, a lawyer who reasonably believes disclosure is necessary to prevent reasonably certain death or substantial bodily harm may reveal confidential information. What is the nature of this disclosure?

Answer: Permitted but not required

Rule 1.6(b)(1) makes this disclosure permissive, leaving the decision to the lawyer's discretion.

A lawyer representing an indigent plaintiff in pending litigation wants to help the client financially. Which assistance is permitted under Model Rule 1.8(e)?

Answer: Advancing court costs with repayment contingent on the outcome

Rule 1.8(e) allows advancing court costs and litigation expenses, with repayment contingent on the outcome of the matter.

Which of the following is NOT a requirement for a lawyer entering into a business transaction with a client under Model Rule 1.8(a)?

Answer: The transaction is approved by the state bar

Rule 1.8(a) requires fair terms, written disclosure, advice to seek independent counsel, and signed informed consent, but not bar approval.

A lawyer formerly represented Client A in negotiating a lease. Client B now asks the lawyer to sue Client A to break that same lease. Under Model Rule 1.9, the lawyer may proceed only if:

Answer: Client A gives informed consent, confirmed in writing

Rule 1.9(a) bars materially adverse representation in the same or a substantially related matter unless the former client gives informed consent confirmed in writing.

A lawyer moves laterally to a new firm and has a conflict from work at the old firm. Under Model Rule 1.10(a)(2), how can the new firm avoid imputation?

Answer: By timely screening the lawyer, apportioning no fee to the lawyer, and giving written notice to the former client

Model Rule 1.10(a)(2) permits screening with no fee apportionment and prompt written notice to the affected former client.

Under Model Rule 1.8(j), when may a lawyer have sexual relations with a current client?

Answer: When a consensual sexual relationship existed before the representation began

Rule 1.8(j) prohibits sexual relations with a client unless a consensual relationship existed when the client-lawyer relationship began.

A prospective client consults a lawyer but does not retain her. Under Model Rule 1.18, the lawyer is disqualified from representing an adverse party in the same matter when she:

Answer: Received information that could be significantly harmful to the prospective client

Rule 1.18(c) disqualifies a lawyer who received information from the prospective client that could be significantly harmful in the matter.