MT Bar Professional Responsibility 2

Question 1

Under Montana RPC 3.3, an attorney's duty of candor to the tribunal requires the attorney to:

Accepted Answer

Not make false statements of law or fact and correct any material false statement previously made

Answer

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?

Accepted Answer

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

Answer

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:

Accepted Answer

In writing, signed by the client, and state the method of calculation

Answer

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:

Accepted Answer

The consent of the party's attorney or authorization by law or court order

Answer

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:

Accepted Answer

Pursue the client's matter with reasonable promptness and without unnecessary delay

Answer

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.

MT Bar - Montana Bar Exam Practice Test

MT Bar - Montana Bar Exam Practice Test

MT Bar Professional Responsibility 2