MD Bar Professional Responsibility 2

Question 1

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

Accepted Answer

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

Answer

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

Question 2

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

Accepted Answer

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

Answer

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.

Question 3

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:

Accepted Answer

The opposing party's counsel consents to the direct communication

Answer

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

Question 4

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

Accepted 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

Answer

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.

Question 5

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

Accepted Answer

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

Answer

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

(MD Bar) Maryland Bar Exam Practice Test

(MD Bar) Maryland Bar Exam Practice Test

MD Bar Professional Responsibility 2