NY Professional Responsibility Flashcards
6 cards from real NYLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 NY Professional Responsibility flashcards as text
Under New York's Rules of Professional Conduct (RPC), when must an attorney decline or withdraw from representation due to a conflict of interest?
Answer: When the representation will involve the attorney in representing differing interests, unless each client gives informed consent confirmed in writing
RPC 1.7 prohibits concurrent conflicts unless each affected client gives informed consent, confirmed in writing, and the attorney reasonably believes they can provide competent and diligent representation.
Under New York RPC 1.15, what must an attorney do with client funds received in connection with a representation?
Answer: Deposit them in a special account separate from the attorney's own funds (IOLA or escrow account)
RPC 1.15 requires attorneys to maintain client funds in a separate escrow or IOLA account, never commingling them with the attorney's own funds.
Under New York RPC 3.3, what is an attorney's duty of candor toward the tribunal?
Answer: The attorney must not make false statements of fact or law and must disclose directly adverse legal authority in the controlling jurisdiction not disclosed by opposing counsel
RPC 3.3 requires attorneys to refrain from making false statements of material fact or law, to correct material misstatements, and to disclose directly adverse controlling authority not disclosed by the opposing party.
Under New York RPC 1.6, what is the scope of the attorney's duty of confidentiality?
Answer: It covers privileged information and any other information gained during or relating to the representation that is likely to be embarrassing or detrimental to the client, or that the client has requested be kept confidential, but not generally known information
RPC 1.6(a) protects 'confidential information', which RPC 1.6 defines as information gained during or relating to the representation, whatever its source, that is (a) protected by the attorney-client privilege, (b) likely to be embarrassing or detrimental to the client if disclosed, or (c) information the client has requested be kept confidential. It does not include information that is generally known in the local community or the trade, field or profession to which the information relates.
Under New York's attorney disciplinary system, which body has the authority to impose sanctions on attorneys for professional misconduct?
Answer: The Appellate Division of the Supreme Court in the department where the attorney is admitted
Attorney discipline in New York is administered by the Appellate Division of the Supreme Court in each of the four judicial departments.
Under New York RPC 1.5, what standard governs the reasonableness of attorney fees?
Answer: Fees must not be excessive, considering factors such as time and labor, novelty and difficulty, the customary fee, the amount involved, and the attorney's experience
RPC 1.5(a) prohibits excessive or illegal fees and lists factors for determining reasonableness including time, complexity, customary fees, and the attorney's experience.