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

Montana Rule 1.15 requires attorneys to hold client funds in a separate trust account, completely segregated from the attorney's own funds, to prevent commingling.

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

Montana RPC 1.6(b)(1) permits (but does not require) disclosure of confidential information to prevent reasonably certain death or substantial bodily harm.

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

Montana RPC 1.1 defines competence as providing legal services with the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

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

Montana RPC 1.7(a) identifies concurrent conflicts as situations where representation is directly adverse to another current client or where there is a significant risk of material limitation in the representation.

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

Montana RPC 1.9 prohibits representing a new client in the same or substantially related matter as a former client if the interests are materially adverse, unless the former client gives informed written consent.

MT Bar - Montana Bar Exam Practice Test

MT Bar - Montana Bar Exam Practice Test

MT Bar Professional Responsibility