MT Bar Professional Responsibility 3

Question 1

Under Montana RPC 1.4, an attorney's duty to communicate requires the attorney to:

Accepted Answer

Promptly inform the client of decisions requiring client input and keep the client reasonably informed

Answer

Montana RPC 1.4 requires attorneys to promptly inform clients of decisions requiring their informed consent, keep clients reasonably informed of case status, and promptly respond to client requests for information.

Question 2

In Montana, attorney advertising is subject to which primary restriction under the Rules of Professional Conduct?

Accepted Answer

Advertising must not contain false or misleading information

Answer

Montana RPC 7.1 prohibits attorney communications about legal services that contain false or misleading information; truthful advertising is generally permitted.

Question 3

Under Montana's Rules of Professional Conduct, 'informed consent' to a conflict of interest requires:

Accepted Answer

Agreement by the client after the attorney has explained all relevant circumstances and risks in a way the client can understand

Answer

Montana RPC 1.0(e) defines informed consent as agreement given after the attorney has communicated adequate information about the relevant circumstances and material risks so the client can make an intelligent decision.

Question 4

Under Montana RPC 1.18, an attorney who has a consultation with a prospective client who does not retain the attorney:

Accepted Answer

Must keep information from the consultation confidential and may not use it against the prospective client

Answer

Montana RPC 1.18 creates duties to prospective clients: information shared in a good-faith consultation must be kept confidential and cannot be used against the prospective client even if no representation results.

Question 5

In Montana, which body has primary authority to admit attorneys to the practice of law and impose discipline?

Accepted Answer

The Montana Supreme Court, through the Office of Disciplinary Counsel

Answer

The Montana Supreme Court has inherent and exclusive jurisdiction over attorney admission and discipline in Montana, exercised through the Office of Disciplinary Counsel and the Commission on Practice.

MT Bar - Montana Bar Exam Practice Test

MT Bar - Montana Bar Exam Practice Test

MT Bar Professional Responsibility 3