NC Bar Professional Responsibility 1 — Questions and Answers
Question 1: Under the North Carolina Rules of Professional Conduct, Rule 1.6 generally prohibits an attorney from revealing information relating to the representation of a client unless:
- The information is a matter of public record
- The client gives informed consent, disclosure is impliedly authorized, or an exception applies (Correct answer)
- Another attorney requests the information
- The representation has ended
Correct answer: The client gives informed consent, disclosure is impliedly authorized, or an exception applies
NC RPC 1.6 requires client consent or an applicable exception (such as preventing substantial bodily harm or complying with a court order) before an attorney discloses confidential information.
Question 2: Under Rule 1.7 of the NC Rules of Professional Conduct, a concurrent conflict of interest exists when:
- The attorney represents two clients in unrelated matters
- Representation of one client is directly adverse to another, or a significant risk exists that representation will be materially limited by other responsibilities (Correct answer)
- The attorney has a personal interest in the outcome of the matter
- The attorney represents a client against a former client
Correct answer: Representation of one client is directly adverse to another, or a significant risk exists that representation will be materially limited by other responsibilities
Rule 1.7 identifies two types of concurrent conflicts: direct adversity between current clients, and material limitation on representation due to other interests or responsibilities.
Question 3: The duty of competence under NC RPC Rule 1.1 requires a lawyer to provide legal services with the:
- Same skill as the best lawyers in the jurisdiction
- Legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation (Correct answer)
- Expertise of a specialist in the relevant field
- Highest possible standard of care in all matters
Correct answer: Legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation
Rule 1.1 sets an objective reasonableness standard — a lawyer must have the knowledge, skill, thoroughness, and preparation necessary for the representation.
Question 4: Under NC RPC Rule 1.15, a lawyer who receives client funds must:
- Deposit them in the law firm's general operating account
- Deposit them in a trust account separate from the lawyer's own funds (Correct answer)
- Hold them in cash until disbursement
- Report them immediately to the State Bar
Correct answer: Deposit them in a trust account separate from the lawyer's own funds
Rule 1.15 requires lawyers to promptly deposit client funds into a separate trust (IOLTA) account to safeguard client property.
Question 5: Under NC RPC Rule 3.3, a lawyer's duty of candor to the tribunal requires that the lawyer not:
- Object to opposing counsel's arguments
- Make false statements of fact or law to a court or fail to disclose directly adverse controlling authority (Correct answer)
- Advocate zealously for positions the lawyer personally disagrees with
- Request continuances without good cause
Correct answer: Make false statements of fact or law to a court or fail to disclose directly adverse controlling authority
Rule 3.3 prohibits knowingly making false statements to a tribunal and requires disclosure of directly adverse controlling legal authority even if the opposing party has not cited it.
Question 6: Under NC RPC Rule 8.4, which of the following constitutes professional misconduct?
- Filing motions in limine before trial
- Charging a contingency fee in a family law matter
- Committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness (Correct answer)
- Advising a client to invoke the Fifth Amendment
Correct answer: Committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness
Rule 8.4(b) makes it professional misconduct to commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer.
NC Bar Professional Responsibility 1
Under the North Carolina Rules of Professional Conduct, Rule 1.6 generally prohibits an attorney from revealing information relating to the representation of a client unless: