NC Bar Professional Responsibility 2 — Questions and Answers
Question 1: Under NC RPC Rule 1.9, duties to former clients prohibit a lawyer from representing a new client whose interests are materially adverse to a former client in:
- Any matter whatsoever
- The same or substantially related matter as the former representation (Correct answer)
- Any litigation in the same court
- Matters arising in the same calendar year
Correct answer: The same or substantially related matter as the former representation
Rule 1.9 protects former clients by prohibiting representation materially adverse to them in the same matter or a substantially related matter where confidential information could be used.
Question 2: Under NC RPC Rule 1.4, a lawyer must keep the client reasonably informed and must promptly comply with:
- All client requests including unethical ones
- Reasonable requests for information about the matter (Correct answer)
- Requests to communicate only in writing
- Instructions to settle without informing the client
Correct answer: Reasonable requests for information about the matter
Rule 1.4 requires attorneys to keep clients informed, promptly respond to requests for information, and ensure clients can make informed decisions.
Question 3: A contingency fee agreement in North Carolina must be:
- Approved by the court before the representation begins
- In writing, signed by the client, and specify the percentage fee and how expenses are deducted (Correct answer)
- Limited to a maximum of 33% of the recovery
- Filed with the State Bar within 30 days
Correct answer: In writing, signed by the client, and specify the percentage fee and how expenses are deducted
NC RPC Rule 1.5(c) requires contingency fee agreements to be written, signed by the client, and clearly state the percentage, when it is payable, and how litigation costs are treated.
Question 4: Under NC RPC Rule 5.5, a lawyer is generally prohibited from practicing law in a jurisdiction where:
- They are not a member of the state bar, subject to limited multijurisdictional practice exceptions (Correct answer)
- They did not attend law school
- Their office is not physically located
- They have not appeared before the highest court
Correct answer: They are not a member of the state bar, subject to limited multijurisdictional practice exceptions
Rule 5.5 prohibits unauthorized practice of law in jurisdictions where the lawyer is not licensed, though temporary multijurisdictional practice is permitted under certain conditions.
Question 5: The NC State Bar requires lawyers to report another lawyer's conduct when it raises a substantial question about that lawyer's:
- Competence in any specific area of law
- Honesty, trustworthiness, or fitness as a lawyer (Correct answer)
- Billing practices to any client
- Attendance at mandatory CLE courses
Correct answer: Honesty, trustworthiness, or fitness as a lawyer
NC RPC Rule 8.3 creates a mandatory reporting obligation when a lawyer knows of conduct that raises a substantial question as to another lawyer's honesty, trustworthiness, or fitness to practice.
Question 6: Under NC RPC Rule 1.2, the client has the ultimate authority to make decisions concerning:
- Which witnesses to call and what motions to file
- The objectives of the representation, including whether to settle (Correct answer)
- Litigation strategy and tactical decisions
- How to present legal arguments to the court
Correct answer: The objectives of the representation, including whether to settle
Rule 1.2 reserves to the client the decision on the objectives of the representation, including settlement, while the lawyer controls the means and tactics.
NC Bar Professional Responsibility 2
Under NC RPC Rule 1.9, duties to former clients prohibit a lawyer from representing a new client whose interests are materially adverse to a former client in: