ND Bar Ethics and Professional Responsibility 3

Question 1

A North Dakota attorney's client instructs her to pursue a claim the attorney believes is frivolous. What is the attorney's proper course of action?

Accepted Answer

File the claim only if she can make a non-frivolous argument for changing existing law

Answer

NDRPC Rule 3.1 prohibits bringing a frivolous claim, but permits arguments for modification of existing law if a non-frivolous basis exists; the attorney should not file a purely frivolous claim.

Question 2

An attorney in North Dakota receives a $10,000 settlement check payable to both the attorney and the client. The attorney is owed $4,000 in fees. How should the attorney handle these funds?

Accepted Answer

Deposit the full amount in the trust account, then disburse $4,000 to herself and $6,000 to the client

Answer

NDRPC Rule 1.15 requires depositing mixed funds in trust, then promptly disbursing the client's portion and transferring earned fees to the attorney's account.

Question 3

A North Dakota lawyer represents a corporation. The lawyer discovers that a corporate officer is about to commit fraud that will harm the company. The officer instructs the lawyer to stay silent. What should the lawyer do?

Accepted Answer

Refer the matter to higher authority within the corporation

Answer

NDRPC Rule 1.13 directs a lawyer who knows an officer is acting contrary to the organization's interests to refer the matter up the organizational ladder to prevent harm to the client entity.

Question 4

Under the North Dakota Rules of Professional Conduct, which communication about legal services is presumed to be false or misleading and is prohibited?

Accepted Answer

Claiming specialization in an area without certification by an approved organization

Answer

NDRPC Rule 7.4 prohibits stating that a lawyer is a specialist unless certified by an organization approved by the state bar or the ABA.

Question 5

A lawyer withdraws from representing a client in a pending litigation matter. Which of the following is NOT required upon withdrawal?

Accepted Answer

Refunding all fees paid, regardless of work completed

Answer

NDRPC Rule 1.16 requires avoiding prejudice, giving notice, and surrendering client property, but only unearned fees must be refunded — not all fees paid.

(ND Bar) North Dakota Bar Exam Practice Test

(ND Bar) North Dakota Bar Exam Practice Test

ND Bar Ethics and Professional Responsibility 3