ND Bar Ethics and Professional Responsibility 4

Question 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?

Accepted Answer

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

Answer

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.

Question 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?

Accepted Answer

Yes, provided the government consents in writing

Answer

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.

Question 3

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

Accepted Answer

All information relating to the representation, regardless of the source

Answer

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.

Question 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:

Accepted Answer

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

Answer

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.

Question 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?

Accepted Answer

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

Answer

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.

(ND Bar) North Dakota Bar Exam Practice Test

(ND Bar) North Dakota Bar Exam Practice Test

ND Bar Ethics and Professional Responsibility 4