Professional Responsibility Flashcards

Under Maryland Rule of Professional Conduct 1.2, which of the following decisions belongs exclusively to the client rather than the lawyer?

Answer: Whether to accept a settlement offer in a civil matter

Rule 1.2(a) reserves to the client the ultimate decision whether to settle a civil matter, while tactical and procedural decisions generally belong to the lawyer.

A criminal defense attorney learns her client intends to testify falsely at trial. After the attorney counsels the client against perjury and the client insists on proceeding, what must the attorney do under Maryland Rule 3.3?

Answer: Disclose the prospective perjury to the tribunal to cure the false impression

Under Rule 3.3(b) and (c), if a client persists in offering perjured testimony and remedial measures fail, the lawyer must disclose the situation to the tribunal even if this requires disclosure of confidential information.

Under Maryland Rule of Professional Conduct 1.16(a), in which situation is a lawyer REQUIRED (not merely permitted) to withdraw from representation?

Answer: Continued representation would result in a violation of the Rules of Professional Conduct

Rule 1.16(a)(1) mandates withdrawal when continued representation would require the lawyer to violate the Rules of Professional Conduct, making withdrawal obligatory rather than discretionary.

Under Maryland Rule of Professional Conduct 3.7, a lawyer is generally prohibited from:

Answer: Acting as an advocate at trial in a proceeding where the lawyer is likely to be a necessary witness

Rule 3.7 prohibits a lawyer from serving as both advocate and witness in the same proceeding, subject to narrow exceptions, because the dual role creates confusion and credibility problems.

Attorney Bob discovers that a client has been using Bob's legal services to further an ongoing fraudulent scheme. Under Maryland Rule of Professional Conduct 1.2(d), what must Bob do?

Answer: Refrain from assisting in the criminal or fraudulent conduct and may withdraw from the representation

Rule 1.2(d) prohibits a lawyer from counseling or assisting a client in conduct the lawyer knows is criminal or fraudulent; the lawyer must cease the assistance and may withdraw.

Under Maryland Rule of Professional Conduct 6.1, what is the aspirational standard for lawyer pro bono service?

Answer: At least 50 hours of pro bono legal services per year

Rule 6.1 sets an aspirational goal of at least 50 hours of pro bono services per year, primarily to persons of limited means, though it is not mandatory.

Under Maryland Rule of Professional Conduct 8.4, which of the following constitutes professional misconduct?

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

Rule 8.4(c) expressly designates engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation as professional misconduct subject to discipline.