MT Bar Professional Responsibility 2 — Questions and Answers
Question 1: Under Montana RPC 3.3, an attorney's duty of candor to the tribunal requires the attorney to:
- Present all evidence favorable to the client, even if false
- Not make false statements of law or fact and correct any material false statement previously made (Correct answer)
- Disclose all client communications to the judge
- Withdraw if the opposing party makes false statements
Correct answer: Not make false statements of law or fact and correct any material false statement previously made
Montana RPC 3.3 prohibits an attorney from making false statements of fact or law to a tribunal and requires correction of any prior material misstatement, even if doing so harms the client.
Question 2: Montana's Rule of Professional Conduct 8.4 classifies which of the following as misconduct?
- Vigorous advocacy for a client
- Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation (Correct answer)
- Charging a contingency fee in a personal injury case
- Negotiating with an opposing party
Correct answer: Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation
Montana RPC 8.4(c) makes it professional misconduct for an attorney to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, whether in a legal matter or otherwise.
Question 3: Under Montana RPC 1.5, a contingency fee agreement must be:
- Approved by the State Bar of Montana before use
- In writing, signed by the client, and state the method of calculation (Correct answer)
- Limited to personal injury cases only
- Less than 33% of the recovery
Correct answer: In writing, signed by the client, and state the method of calculation
Montana RPC 1.5(c) requires contingency fee agreements to be in writing, signed by the client, and must state the method by which the fee is to be determined.
Question 4: Under Montana RPC 4.2, an attorney may not communicate directly with a represented party without:
- Giving 24-hour advance notice to the party's attorney
- The consent of the party's attorney or authorization by law or court order (Correct answer)
- Filing a motion with the court
- Sending a copy of all communications to the State Bar
Correct answer: The consent of the party's attorney or authorization by law or court order
Montana RPC 4.2 prohibits an attorney from communicating with a person known to be represented by counsel in the matter without that counsel's prior consent or authorization by law.
Question 5: In Montana, the duty of diligence under RPC 1.3 requires an attorney to:
- Complete every case in under 60 days
- Pursue the client's matter with reasonable promptness and without unnecessary delay (Correct answer)
- File daily status reports with the client
- Never request extensions from the court
Correct answer: Pursue the client's matter with reasonable promptness and without unnecessary delay
Montana RPC 1.3 requires attorneys to act with reasonable diligence and promptness in representing clients, avoiding unnecessary delay that prejudices the client's interests.
Question 6: Under Montana RPC 1.16, an attorney MUST withdraw from representation when:
- The client insists on a course of action the attorney disagrees with ethically
- Continued representation would require the attorney to violate the Rules of Professional Conduct (Correct answer)
- The client fails to pay fees promptly
- The case becomes complex or time-consuming
Correct answer: Continued representation would require the attorney to violate the Rules of Professional Conduct
Montana RPC 1.16(a)(1) mandates withdrawal when continued representation would require the attorney to violate the Rules of Professional Conduct or other applicable law.
MT Bar Professional Responsibility 2
Under Montana RPC 3.3, an attorney's duty of candor to the tribunal requires the attorney to: