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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 is negotiating a settlement on behalf of a client. The opposing counsel makes an offer. What must the attorney do?

    Answer: Promptly inform the client of the offer so the client can decide whether to accept

    NDRPC Rule 1.4 requires an attorney to promptly inform the client of settlement offers because the decision to accept belongs to the client under Rule 1.2.

  2. Attorney Smith was a prosecutor and handled the investigation of Defendant Jones. Smith has now entered private practice. May Smith represent Jones in the same matter?

    Answer: Yes, provided the government consents in writing

    NDRPC Rule 1.11 prohibits a former government lawyer from representing a private client in a matter the lawyer personally and substantially participated in, unless the government gives informed written consent.

  3. Under the North Dakota Rules of Professional Conduct, a lawyer's duty of confidentiality applies to:

    Answer: All information relating to the representation, regardless of the source

    NDRPC Rule 1.6 protects all information relating to the representation of a client, not just privileged communications or information the client explicitly marks as confidential.

  4. A North Dakota attorney learns, through representation of a client, that the client plans to commit a future crime that will result in substantial financial harm to a third party. Under the NDRPC, the attorney:

    Answer: May, but is not required to, reveal information to prevent the financial harm

    NDRPC Rule 1.6(b) permits (but does not require) disclosure to prevent reasonably certain substantial financial harm that involves the client's commission of a crime or fraud using the lawyer's services.

  5. A North Dakota attorney's representation of Client A is materially limited by his responsibilities to Client B. Both clients consent after consultation. Is this representation permissible?

    Answer: Yes, if the attorney reasonably believes he can competently represent both clients despite the conflict

    NDRPC Rule 1.7(b) permits representation despite a conflict if the lawyer reasonably believes adequate representation can be provided and each client gives informed written consent.

  6. Which of the following is an exception to the general prohibition against an attorney acquiring a proprietary interest in a client's cause of action?

    Answer: Acquiring a lien to secure attorney's fees as permitted by law

    NDRPC Rule 1.8(i) prohibits acquiring proprietary interests in litigation but expressly permits attorneys to acquire a lien authorized by law to secure fees or expenses.

  7. A North Dakota judge asks an attorney during a scheduling conference to waive a procedural rule to expedite the case. The attorney believes waiving the rule would harm her client. What should she do?

    Answer: Decline to waive the rule and explain that it would prejudice her client

    Under NDRPC Rule 1.3 (diligence) and Rule 1.2 (client objectives), the attorney must zealously protect the client's interests and should not waive procedural rights that could harm the client.