MT Bar Professional Responsibility

Question 1

Under Montana's Rules of Professional Conduct, an attorney must keep client funds in a trust account that is:

Accepted Answer

Separate from the attorney's own funds

Answer

Commingled with the attorney's operating account

Answer

Held in any interest-bearing account the attorney chooses

Answer

Accessible only with court approval

Question 2

Under Montana Rule of Professional Conduct 1.6, an attorney MAY disclose confidential client information without consent when:

Accepted Answer

Disclosure is necessary to prevent reasonably certain death or substantial bodily harm

Answer

The attorney believes it will help the client's case

Answer

The information is embarrassing to the attorney

Answer

The client's adversary requests it

Question 3

Under Montana's Rules of Professional Conduct, which of the following best describes the duty of competence (Rule 1.1)?

Accepted Answer

An attorney must provide legal services with the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation

Answer

An attorney must be the best lawyer in their field

Answer

Competence requires board certification in every area of practice

Answer

An attorney must always associate with a specialist

Question 4

Under Montana RPC 1.7, a concurrent conflict of interest exists when:

Accepted Answer

Representation of one client is directly adverse to another client, or there is a significant risk that representation will be materially limited

Answer

An attorney represents two clients in unrelated matters

Answer

An attorney previously worked for a government agency

Answer

A client refuses to pay legal fees

Question 5

Under Montana RPC 1.9, an attorney's duty to a former client includes:

Accepted Answer

Not representing another party in the same or a substantially related matter in which the client's interests are materially adverse

Answer

Never representing any adverse party in any matter

Answer

Maintaining confidentiality indefinitely without exception

Answer

Returning all files immediately upon termination

Question 6

In Montana, an attorney who discovers that they are representing a client with a non-waivable conflict of interest must:

Accepted Answer

Withdraw from representation

Answer

Continue representation and disclose the conflict to the court

Answer

Obtain the client's oral consent to continue

Answer

Associate with a second attorney to handle the conflict