NV Bar Nevada Professional Responsibility 3 — Questions and Answers
Question 1: Under Nevada RPC 1.8(a), a lawyer entering a business transaction with a client must ensure all of the following EXCEPT:
- Terms are fair and reasonable to the client
- Terms are disclosed in writing
- Client is advised in writing to seek independent counsel
- The Nevada State Bar approves the transaction (Correct answer)
Correct answer: The Nevada State Bar approves the transaction
Nevada RPC 1.8(a) requires fair terms, written disclosure, and advice to seek independent counsel, but does not require State Bar approval of attorney-client business transactions.
Question 2: Which Nevada RPC provision prohibits sexual relations with a client where the relationship did not predate the representation?
- RPC 1.7
- RPC 1.8(j) (Correct answer)
- RPC 1.9
- RPC 8.4
Correct answer: RPC 1.8(j)
Nevada RPC 1.8(j) prohibits a lawyer from having sexual relations with a client unless a consensual sexual relationship existed between them when the lawyer-client relationship commenced.
Question 3: Under Nevada RPC 3.5, an attorney is prohibited from which conduct regarding jurors?
- Questioning jurors after a verdict with court permission
- Communicating ex parte with jurors during trial (Correct answer)
- Requesting juror contact information through proper channels
- Noting juror demeanor in open court
Correct answer: Communicating ex parte with jurors during trial
Nevada RPC 3.5(a) prohibits ex parte communication with jurors during trial; unauthorized contact with deliberating or sitting jurors is a serious ethical violation.
Question 4: Nevada RPC 5.3 requires attorneys to supervise which of the following?
- Only other licensed attorneys in the firm
- Nonlawyer assistants whose conduct may violate the Rules (Correct answer)
- Only paralegals, not legal secretaries
- Only contract attorneys, not in-house staff
Correct answer: Nonlawyer assistants whose conduct may violate the Rules
Under Nevada RPC 5.3, supervising attorneys must ensure that the conduct of nonlawyer assistants (paralegals, investigators, clerks) is compatible with the professional obligations of the lawyer.
Question 5: Which conduct constitutes 'moral turpitude' warranting discipline under Nevada RPC 8.4?
- Losing a case due to poor judgment
- Committing a criminal act reflecting adversely on fitness to practice (Correct answer)
- Filing a motion the opposing party considers frivolous
- Charging fees that a client later disputes
Correct answer: Committing a criminal act reflecting adversely on fitness to practice
Under Nevada RPC 8.4(b), it is misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer.
Question 6: Under Nevada's law governing lawyer advertising (RPC 7.1), what is the primary standard?
- All advertising is prohibited
- Communications must not be false or misleading (Correct answer)
- All advertising must be pre-approved by the State Bar
- Advertising is limited to the Yellow Pages and bar directories
Correct answer: Communications must not be false or misleading
Under Nevada RPC 7.1, a lawyer may not make false or misleading communications about the lawyer or the lawyer's services; truthful advertising is permitted.
NV Bar Nevada Professional Responsibility 3
Under Nevada RPC 1.8(a), a lawyer entering a business transaction with a client must ensure all of the following EXCEPT: