ND Bar Ethics and Professional Responsibility 5

Question 1

A North Dakota attorney represents a minor child in a custody dispute. The child wants an outcome that the attorney believes is contrary to the child's best interests. How should the attorney proceed?

Accepted Answer

Balance the child's expressed wishes against the child's best interests, using professional judgment

Answer

NDRPC Rule 1.14 addresses clients with diminished capacity and directs attorneys to maintain a normal attorney-client relationship as much as possible while using professional judgment to protect the client's interests.

Question 2

Under North Dakota's NDRPC, a lawyer may reveal client confidences without consent in order to:

Accepted Answer

Comply with a court order requiring disclosure

Answer

NDRPC Rule 1.6(b)(6) permits disclosure to comply with a court order or other law, which is an exception to the general confidentiality rule.

Question 3

Attorney Davis represents a criminal defendant. Davis learns the defendant has a prior conviction the prosecution is unaware of that would enhance sentencing if discovered. What must Davis do?

Accepted Answer

Maintain confidentiality unless the defendant consents to disclosure

Answer

Under NDRPC Rule 1.6, a prior conviction is confidential client information; without client consent or a mandatory disclosure exception, the attorney must not reveal it.

Question 4

A North Dakota law firm uses a non-lawyer administrator to manage its files and billing. A client's information is inadvertently disclosed by the administrator to a third party. Who bears ethical responsibility?

Accepted Answer

The supervising attorneys, who have a duty to establish proper oversight systems

Answer

NDRPC Rule 5.3 requires lawyers with managerial authority to establish systems ensuring non-lawyer staff comply with professional obligations; supervisory attorneys bear ethical responsibility for failures caused by inadequate supervision.

Question 5

Which of the following would constitute improper ex parte communication by a North Dakota attorney?

Accepted Answer

Sending the judge a letter discussing the merits of a pending case without notice to opposing counsel

Answer

NDRPC Rule 3.5 prohibits ex parte communications with judges about the merits of a pending matter unless the opposing party has been notified or the communication is otherwise authorized.

(ND Bar) North Dakota Bar Exam Practice Test

(ND Bar) North Dakota Bar Exam Practice Test

ND Bar Ethics and Professional Responsibility 5