MO Bar Missouri State Law and Ethics 1 — Questions and Answers
Question 1: Under Missouri Rules of Professional Conduct, a lawyer must maintain client confidences except in which circumstance?
- When the client's former employer asks
- When disclosure is impliedly authorized to carry out representation (Correct answer)
- To satisfy personal curiosity
- When opposing counsel requests
Correct answer: When disclosure is impliedly authorized to carry out representation
Missouri Rule 1.6 permits disclosure of confidential information when impliedly authorized to carry out the representation, such as disclosing facts needed to pursue the client's case.
Question 2: Under Missouri's Rules of Professional Conduct, which rule governs a lawyer's duty of competence?
- Rule 1.1 (Correct answer)
- Rule 1.3
- Rule 1.4
- Rule 1.7
Correct answer: Rule 1.1
Missouri Rule 1.1 requires lawyers to provide competent representation, meaning the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
Question 3: Under Missouri law, which court has exclusive original jurisdiction over felony criminal cases?
- Municipal court
- Associate circuit court
- Circuit court (Correct answer)
- Court of Appeals
Correct answer: Circuit court
In Missouri, circuit courts have exclusive original jurisdiction over felony cases and serve as the general trial courts of the state.
Question 4: Missouri's comparative fault system reduces a plaintiff's recovery in proportion to their own negligence. Missouri follows which type of comparative fault?
- Pure contributory negligence (complete bar)
- Modified comparative fault (50% bar)
- Pure comparative fault (Correct answer)
- Last clear chance doctrine
Correct answer: Pure comparative fault
Missouri follows pure comparative fault, meaning a plaintiff may recover even if more than 50% at fault, though recovery is reduced by the plaintiff's percentage of fault.
Question 5: Under Missouri law, which tort doctrine may apply when a product leaves the manufacturer's control in a defective condition that causes injury?
- Negligence per se
- Strict products liability (Correct answer)
- Res ipsa loquitur
- Intentional infliction of emotional distress
Correct answer: Strict products liability
Missouri recognizes strict products liability under the Restatement (Second) of Torts § 402A, imposing liability when a seller places a defective product in the stream of commerce and it causes injury.
Question 6: Under the Missouri Rules of Professional Conduct, a lawyer with a conflict of interest between two current clients may continue the representation if which conditions are met?
- One client consents
- The lawyer believes they can represent both
- Each affected client gives informed written consent after consultation (Correct answer)
- The court approves the dual representation
Correct answer: Each affected client gives informed written consent after consultation
Missouri Rule 1.7 permits representation despite a conflict if the lawyer reasonably believes competent representation is possible and each affected client gives informed, written consent.
MO Bar Missouri State Law and Ethics 1
Under Missouri Rules of Professional Conduct, a lawyer must maintain client confidences except in which circumstance?