MD Bar Professional Responsibility 3

Question 1

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

Accepted Answer

Whether to accept a settlement offer in a civil matter

Answer

Which procedural motions to file during pretrial litigation

Answer

Which witnesses to call during the defense case at trial

Answer

The order in which evidence will be presented to the jury

Question 2

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?

Accepted Answer

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

Answer

Permit the client to testify falsely to protect the client's constitutional right to testify

Answer

Withdraw from the case and tell the court only that ethical considerations require withdrawal

Answer

Allow the client to testify in narrative form to minimize the attorney's complicity

Question 3

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

Accepted Answer

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

Answer

The client fails to pay legal fees after reasonable notice

Answer

The lawyer believes the client's case has a low likelihood of success

Answer

A personal conflict arises between the lawyer and the client over litigation strategy

Question 4

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

Accepted Answer

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

Answer

Practicing law in a jurisdiction where they are not the lead counsel of record

Answer

Handling litigation matters that involve personal acquaintances as parties

Answer

Simultaneously representing a plaintiff and an interested third party in the same case

Question 5

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?

Accepted Answer

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

Answer

Continue representing the client because the duty of loyalty requires completing the engagement

Answer

Immediately report the fraud to law enforcement to avoid complicity

Answer

Seek court approval before withdrawing to avoid abandonment of the client

Question 6

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

Accepted Answer

At least 50 hours of pro bono legal services per year

Answer

At least 20 hours of pro bono legal services per year

Answer

One percent of annual gross income donated to legal aid organizations

Answer

Pro bono service is mandatory in Maryland and must be reported to the Bar each year

Question 7

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

Accepted Answer

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

Answer

Representing a client in a matter where the lawyer has a previously disclosed personal interest

Answer

Charging a fee at the higher end of the customary local market rate

Answer

Declining to represent a client whose position the lawyer finds morally objectionable