Professional Responsibility Flashcards

Under Maryland Rule of Professional Conduct 3.3, which of the following best describes a lawyer's duty of candor to the tribunal?

Answer: A lawyer must not knowingly make a false statement of fact or law to a tribunal

Rule 3.3(a)(1) specifically prohibits a lawyer from knowingly making any false statement of material fact or law to a tribunal.

Under Maryland Rule of Professional Conduct 3.4, which action by a lawyer during litigation is ethically permissible?

Answer: Making a good faith effort to comply with a legally proper discovery request

Rule 3.4 requires fairness to opposing parties and counsel; good faith compliance with proper discovery is both required and permissible, while obstruction and evidence tampering are prohibited.

Under Maryland Rule of Professional Conduct 4.2, a lawyer representing a client may communicate directly with a represented opposing party about the matter only if:

Answer: The opposing party's counsel consents to the direct communication

Rule 4.2 prohibits direct communication with a represented person about the subject of the representation without the consent of the person's lawyer.

Under Maryland Rule of Professional Conduct 5.1, a supervising partner is responsible for a subordinate lawyer's ethical violation when:

Answer: The partner knew of the violation at a time when its consequences could be avoided or mitigated and failed to take reasonable remedial action

Rule 5.1 imposes supervisory liability when the supervising lawyer knew of the violation and had the opportunity to prevent or mitigate it but failed to take reasonable action.

Under Maryland Rule of Professional Conduct 5.3, what are a lawyer's obligations regarding the conduct of non-lawyer assistants?

Answer: A lawyer must make reasonable efforts to ensure non-lawyers' conduct is compatible with the lawyer's professional obligations

Rule 5.3 requires lawyers to make reasonable efforts to ensure non-lawyer assistants' conduct is compatible with the lawyer's own professional obligations.

Under Maryland Rule of Professional Conduct 7.1, which of the following advertising communications would be considered false or misleading?

Answer: Listing large verdicts obtained for clients without disclosing they are not typical results

Rule 7.1 prohibits communications that create a materially false impression; listing exceptional verdicts without noting they are unusual creates a misleading picture of expected outcomes.

Under Maryland Rule of Professional Conduct 8.3, when a lawyer knows that another lawyer has committed a violation raising a substantial question about that lawyer's honesty or fitness to practice, the lawyer must:

Answer: Report the information to the appropriate professional authority

Rule 8.3(a) requires a lawyer to report known violations that raise substantial questions about fitness to the appropriate professional authority, which in Maryland is the Attorney Grievance Commission.