MS Bar MS Bar Professional Responsibility 2 — Questions and Answers
Question 1: Under the Mississippi Rules of Professional Conduct, an attorney representing a client in litigation must not:
- File a motion the attorney believes is legally unsupported but non-frivolous
- Knowingly make a false statement of law to the tribunal (Correct answer)
- Advise a client about legal implications of proposed conduct
- Withdraw from representation without court approval in pending litigation
Correct answer: Knowingly make a false statement of law to the tribunal
MRPC 3.3 (Candor Toward the Tribunal) prohibits attorneys from knowingly making false statements of law or fact to the court.
Question 2: Under Mississippi Rule of Professional Conduct 1.5, which of the following fee arrangements is always prohibited?
- Contingency fees in civil cases
- Hourly billing arrangements
- Contingency fees in criminal defense cases (Correct answer)
- Flat fee arrangements for document drafting
Correct answer: Contingency fees in criminal defense cases
MRPC 1.5 prohibits contingency fee arrangements in criminal defense cases and domestic relations matters involving divorce.
Question 3: Under the Mississippi Rules of Professional Conduct, a lawyer may not communicate ex parte with a judge about a pending matter unless:
- The lawyer knows the judge personally
- Authorized by law or court order, or with the consent of all parties (Correct answer)
- The communication concerns only scheduling matters with no substantive content
- The case has not yet been assigned to the judge
Correct answer: Authorized by law or court order, or with the consent of all parties
MRPC 3.5 prohibits improper ex parte communications with judges except as authorized by law, court rule, or with consent of all parties.
Question 4: Under Mississippi Rule of Professional Conduct 8.3, a lawyer who knows another lawyer has committed a significant ethics violation must:
- Report it to the police
- Report it to the appropriate professional authority (Correct answer)
- Report it only if the violation involves a felony
- Inform the client of the other lawyer's conduct
Correct answer: Report it to the appropriate professional authority
MRPC 8.3 requires Mississippi lawyers to report known significant violations by other lawyers to the appropriate disciplinary authority.
Question 5: Under Mississippi professional responsibility rules, which of the following constitutes a conflict requiring disclosure to a prospective client?
- The lawyer prefers a different type of legal work
- The lawyer currently represents the adverse party in an unrelated matter (Correct answer)
- The lawyer has a social relationship with the opposing attorney
- The lawyer's fee is higher than average market rates
Correct answer: The lawyer currently represents the adverse party in an unrelated matter
Representing a prospective client when the lawyer currently represents the adverse party in another matter creates a conflict requiring disclosure and potentially informed consent.
Question 6: Under the Mississippi Rules of Professional Conduct, a lawyer who is withdrawing from representation must do which of the following?
- Immediately destroy all client files
- Take steps to protect the client's interests, including reasonable notice and surrendering the client's papers and property (Correct answer)
- Require the client to sign a release before releasing files
- Wait for a new attorney to appear before withdrawal is effective
Correct answer: Take steps to protect the client's interests, including reasonable notice and surrendering the client's papers and property
Upon withdrawal, MRPC 1.16 requires the lawyer to give reasonable notice, allow time to find new counsel, and surrender all client papers and property.
MS Bar MS Bar Professional Responsibility 2
Under the Mississippi Rules of Professional Conduct, an attorney representing a client in litigation must not: