MD Bar Professional Responsibility 1 — Questions and Answers
Question 1: Under Maryland Rule of Professional Conduct 1.1, which statement best describes a lawyer's duty of competence?
- A lawyer must have complete mastery of all areas of law before accepting any client
- A lawyer must provide legal services with the thoroughness and preparation reasonably necessary for the matter (Correct answer)
- A lawyer must only handle cases in areas where they have at least five years of experience
- A lawyer's competence is determined solely by their bar admission status
Correct 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.
Question 2: Under Maryland Rule of Professional Conduct 1.4, what is a lawyer's core communication obligation to a client?
- Provide a written status report every 30 days
- Hold monthly in-person meetings to discuss matter updates
- Keep the client reasonably informed and promptly respond to reasonable requests for information (Correct answer)
- Only update the client when there are significant developments in the matter
Correct 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.
Question 3: Under Maryland Rule of Professional Conduct 1.5, which of the following factors is NOT relevant to determining whether a fee is reasonable?
- The time and labor required and the novelty and difficulty of the questions involved
- The experience, reputation, and ability of the lawyer performing the services
- The client's personal income and financial circumstances (Correct answer)
- The customary fee charged in the locality for similar legal services
Correct 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.
Question 4: Under Maryland Rule of Professional Conduct 1.7, when does a concurrent conflict of interest exist?
- Only when a lawyer represents two clients in the same lawsuit
- 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 (Correct answer)
- Only when both clients are aware of the potential conflict and have not consented
- Only when the lawyer stands to gain financially from both clients simultaneously
Correct 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.
Question 5: Under Maryland Rule of Professional Conduct 1.8(a), before entering a business transaction with a client, a lawyer must:
- Obtain prior approval from the Attorney Grievance Commission
- Ensure terms are fair and reasonable in writing, advise the client to seek independent counsel, and obtain the client's informed written consent (Correct answer)
- Simply obtain the client's verbal consent before proceeding with the transaction
- Withdraw from the representation before entering any business transaction with the client
Correct 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.
Question 6: 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:
- The former client gives informed consent confirmed in writing (Correct answer)
- The new client gives informed consent confirmed in writing
- More than two years have passed since the prior representation ended
- The Maryland State Bar Association approves the representation
Correct 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.
Question 7: Under Maryland Rule of Professional Conduct 1.15, how must a lawyer handle funds belonging to a client?
- Client funds may be kept in the lawyer's personal account if properly documented in a ledger
- Client funds must be deposited in a separate trust account and must not be commingled with the lawyer's own funds (Correct answer)
- Client funds may be held personally by the lawyer for up to 30 days before deposit
- Client funds under $1,000 may be kept in the law firm's operating account for administrative convenience
Correct 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.
MD Bar Professional Responsibility 1
Under Maryland Rule of Professional Conduct 1.1, which statement best describes a lawyer's duty of competence?