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Ethics and Professional Responsibility Flashcards

7 cards from real ND BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Ethics and Professional Responsibility flashcards as text

  1. A North Dakota attorney represents a client in a contract dispute. The opposing party contacts the attorney directly to discuss settlement. What must the attorney do?

    Answer: Decline to communicate with the opposing party and refer them to their counsel

    Under NDRPC Rule 4.2, an attorney may not communicate about the subject of representation with a person the attorney knows to be represented by another lawyer without that lawyer's consent.

  2. An attorney in North Dakota discovers mid-trial that her client has presented false testimony. The client refuses to correct it. What is the attorney's obligation?

    Answer: Take reasonable remedial measures including disclosure to the tribunal if necessary

    NDRPC Rule 3.3 requires an attorney who knows a client has offered false evidence to take reasonable remedial measures, including disclosure to the tribunal, even if this requires revealing client confidences.

  3. A North Dakota lawyer wants to enter into a business transaction with a client. Under the NDRPC, which condition is NOT required for this to be permissible?

    Answer: The transaction must be approved by the state bar

    NDRPC Rule 1.8(a) requires fair terms, written disclosure, advice to seek independent counsel, and written informed consent — but bar approval is not required.

  4. Attorney Jones receives a call from a prospective client who describes a legal matter. Jones realizes the matter involves the opposing party in a case Jones is currently handling. What should Jones do?

    Answer: Decline the representation due to a conflict of interest

    Under NDRPC Rule 1.7, a lawyer may not represent a client if the representation is directly adverse to another current client without informed consent from both clients.

  5. A North Dakota attorney is asked to write an opinion letter about a complex tax matter outside her area of expertise. What is her professional responsibility?

    Answer: Either associate with a competent attorney, refer the client, or decline the matter

    NDRPC Rule 1.1 requires competence; a lawyer may achieve it through study, association with competent counsel, or by referring the client — but incompetent representation is not an option.

  6. Under North Dakota's IOLTA rules, which of the following client funds must be placed in a trust account?

    Answer: Funds advanced for future costs that have not yet been incurred

    NDRPC Rule 1.15 requires that unearned client funds and funds advanced for future costs be held in a trust account separate from the attorney's own funds.

  7. A North Dakota lawyer learns that a colleague in her firm is violating the NDRPC in ways that raise a substantial question about the colleague's honesty. What must the lawyer do?

    Answer: Report the conduct to the appropriate professional authority

    NDRPC Rule 8.3 requires a lawyer who knows another lawyer has committed a violation raising a substantial question as to honesty or fitness to report it to the appropriate professional authority.