MI Bar Multistate Professional Responsibility 2 — Questions and Answers
Question 1: An attorney represents a client in a divorce. The client's spouse, who is unrepresented, calls the attorney to discuss settlement. What must the attorney do?
- Refuse to speak and hang up immediately
- Explain that the attorney represents the opposing party and not give legal advice other than to secure counsel (Correct answer)
- Give balanced legal advice to both parties
- Refer the spouse to the state bar for a lawyer referral
Correct answer: Explain that the attorney represents the opposing party and not give legal advice other than to secure counsel
Under Rule 4.3, a lawyer dealing with an unrepresented person must clarify their role and may not give legal advice other than the advice to secure counsel.
Question 2: A lawyer receives a $10,000 retainer that will be earned as work is performed. Where must the lawyer deposit these funds?
- The firm's operating account
- A client trust account, withdrawing fees only as earned (Correct answer)
- The lawyer's personal savings account
- Any interest-bearing account chosen by the lawyer
Correct answer: A client trust account, withdrawing fees only as earned
Unearned fees are client property and must be held in a client trust account until earned, per Rule 1.15.
Question 3: During trial, a lawyer learns that her client testified falsely about a material fact. The client refuses to correct the testimony. What must the lawyer do?
- Keep the information confidential under the duty of loyalty
- Immediately withdraw without explanation
- Take reasonable remedial measures, including disclosure to the tribunal if necessary (Correct answer)
- Move for a mistrial
Correct answer: Take reasonable remedial measures, including disclosure to the tribunal if necessary
Rule 3.3 requires a lawyer who knows a client has offered false material evidence to take reasonable remedial measures, including disclosure to the tribunal if necessary.
Question 4: A lawyer wants to write a book about a client's ongoing criminal case. When may the lawyer acquire literary rights based on the representation?
- Anytime with the client's oral consent
- Only after the representation has concluded (Correct answer)
- Never under any circumstances
- Only if the fee agreement is in writing
Correct answer: Only after the representation has concluded
Rule 1.8(d) prohibits a lawyer from acquiring literary or media rights relating to the representation before it concludes.
Question 5: An associate is instructed by a supervising partner to take an action the associate believes is unethical. The associate follows the instruction. When is the associate protected from discipline?
- Always, because subordinates must follow orders
- Never, because each lawyer is independently responsible
- Only if the partner's instruction was a reasonable resolution of an arguable question of professional duty (Correct answer)
- Only if the associate objected in writing first
Correct answer: Only if the partner's instruction was a reasonable resolution of an arguable question of professional duty
Under Rule 5.2, a subordinate lawyer does not violate the rules by acting per a supervisor's reasonable resolution of an arguable ethical question.
Question 6: A prosecutor has evidence that tends to negate the guilt of the accused. What is the prosecutor's obligation?
- Disclose it only if the defense requests it
- Timely disclose it to the defense (Correct answer)
- Present it to the judge in camera
- Disclose it only if it would change the verdict
Correct answer: Timely disclose it to the defense
Rule 3.8(d) requires prosecutors to make timely disclosure of evidence that tends to negate guilt or mitigate the offense, regardless of a defense request.
Question 7: A lawyer's advertisement states she is a 'specialist in personal injury law.' She has no certification. Is the ad proper?
- Yes, if she practices personal injury law regularly
- No, a lawyer may not state she is a certified specialist unless certified by an approved organization that is identified in the ad (Correct answer)
- Yes, because advertising is protected commercial speech without limits
- No, lawyers may never describe their practice areas
Correct answer: No, a lawyer may not state she is a certified specialist unless certified by an approved organization that is identified in the ad
Rule 7.2 permits stating fields of practice but prohibits claiming certification as a specialist absent certification by an approved organization identified in the communication.
MI Bar Multistate Professional Responsibility 2
An attorney represents a client in a divorce.
The client's spouse, who is unrepresented, calls the attorney to discuss settlement.
What must the attorney do?