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 RPC 4.2, what restriction applies to an attorney communicating with a person represented by counsel?
Answer: The attorney must not communicate about the subject of the representation without prior consent of the other person's attorney
RPC 4.2 prohibits an attorney from communicating about the subject of the representation with a person the attorney knows to be represented by another attorney, without that attorney's prior consent.
Under New York RPC 8.4, which of the following constitutes professional misconduct?
Answer: Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation
RPC 8.4(c) defines professional misconduct as engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation, whether or not related to the practice of law.
Under New York RPC 1.9, what are an attorney's obligations to a former client?
Answer: The attorney must not represent another person in the same or substantially related matter if that person's interests are materially adverse to the former client, without informed consent
RPC 1.9(a) prohibits an attorney from representing a person in the same or substantially related matter in which the person's interests are materially adverse to the former client, unless the former client gives informed consent confirmed in writing.
Under New York RPC 5.4, what limitation exists on an attorney sharing legal fees with a non-lawyer?
Answer: An attorney generally may not share legal fees with a non-lawyer, subject to limited exceptions
RPC 5.4(a) generally prohibits attorneys from sharing legal fees with non-lawyers, with limited exceptions such as payments to the estate of a deceased attorney or compensation to non-lawyer employees based on a profit-sharing plan.
Under New York RPC 1.8, what restriction applies to business transactions between an attorney and client?
Answer: The transaction must be fair, the terms must be fully disclosed in writing, the client must be advised to seek independent counsel, and the client must give informed consent in writing
RPC 1.8(a) permits attorney-client business transactions only if the terms are fair and reasonable, fully disclosed in writing in a manner understandable to the client, the client is advised to seek independent counsel, and the client gives informed consent in a signed writing.
Under the New York Rules of Professional Conduct, what are an attorney's obligations upon learning that a client intends to commit perjury?
Answer: The attorney must first try to dissuade the client; if unsuccessful, the attorney must not offer the false testimony and may need to disclose to the tribunal
Under RPC 3.3, if a client intends to testify falsely, the attorney must first attempt to dissuade the client. If unsuccessful, the attorney must refuse to offer the false testimony and may be required to disclose to the tribunal as a remedial measure.