Professional Responsibility Flashcards

Under Maryland Rule of Professional Conduct 1.1, which statement best describes a lawyer's duty of competence?

Answer: A lawyer must provide legal services with the thoroughness and preparation reasonably necessary for the matter

Rule 1.1 requires competence defined as the thoroughness and preparation reasonably necessary for the representation, not mastery of all law or minimum years of experience.

Under Maryland Rule of Professional Conduct 1.4, what is a lawyer's core communication obligation to a client?

Answer: Keep the client reasonably informed and promptly respond to reasonable requests for information

Rule 1.4 requires lawyers to keep clients reasonably informed and to promptly comply with reasonable requests for information about the representation.

Under Maryland Rule of Professional Conduct 1.5, which of the following factors is NOT relevant to determining whether a fee is reasonable?

Answer: The client's personal income and financial circumstances

Rule 1.5 lists eight factors for reasonableness of fees, none of which include the client's personal income or financial circumstances.

Under Maryland Rule of Professional Conduct 1.7, when does a concurrent conflict of interest exist?

Answer: When the representation of one client is directly adverse to another client, or when there is a significant risk the representation will be materially limited by other responsibilities

Rule 1.7 identifies two types of concurrent conflicts: direct adversity between current clients and a significant risk that representation will be materially limited by the lawyer's other interests or responsibilities.

Under Maryland Rule of Professional Conduct 1.8(a), before entering a business transaction with a client, a lawyer must:

Answer: Ensure terms are fair and reasonable in writing, advise the client to seek independent counsel, and obtain the client's informed written consent

Rule 1.8(a) requires fair and reasonable terms disclosed in writing, advisement that the client may seek independent counsel, and the client's informed written consent.

Under Maryland Rule of Professional Conduct 1.9, a lawyer who formerly represented a client may represent an adverse party in the same or a substantially related matter ONLY if:

Answer: The former client gives informed consent confirmed in writing

Rule 1.9 prohibits adverse representation in substantially related matters unless the former client — not the new client — gives informed consent confirmed in writing.

Under Maryland Rule of Professional Conduct 1.15, how must a lawyer handle funds belonging to a client?

Answer: Client funds must be deposited in a separate trust account and must not be commingled with the lawyer's own funds

Rule 1.15 requires client funds to be held in a separate trust account (IOLTA in Maryland) and strictly prohibits commingling with the lawyer's personal or business funds.