NY Professional Responsibility 1 Flashcards

Under New York RPC 1.5(d), which of the following fee arrangements is expressly prohibited?

Answer: A contingency fee arrangement to secure a divorce for a client

NY RPC 1.5(d)(5)(i) prohibits a fee in a domestic relations matter whose payment or amount is contingent on securing a divorce, obtaining custody or visitation, or in any way dependent on the amount of maintenance, support, equitable distribution or property settlement (collection of arrears is excepted). Contingency fees in personal injury cases are permissible (subject to Judiciary Law § 474-a caps in medical malpractice); hourly retainers and flat fees are allowed with proper disclosure.

Under New York RPC 1.4, which of the following must an attorney promptly communicate to a client without awaiting the client's request?

Answer: Any settlement offer or plea offer made by the opposing party

NY RPC 1.4(a)(1)(iii) requires a lawyer to promptly inform the client of material developments in the matter, including settlement or plea offers. The decision whether to accept belongs to the client (RPC 1.2(a)).

Under New York RPC 8.3(a), when an attorney knows that another attorney has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that attorney's honesty, trustworthiness, or fitness, the attorney:

Answer: Must report the conduct to the appropriate professional authority

NY RPC 8.3(a) imposes a mandatory duty to report a known violation raising a substantial question as to another lawyer's honesty, trustworthiness or fitness. Under RPC 8.3(c) the only exceptions are information protected by RPC 1.6 and information gained in a bar-approved lawyer assistance program.

Under New York RPC 4.2, an attorney representing a client in a pending matter is generally prohibited from communicating about the subject of the representation with:

Answer: The adverse party directly, when that party is represented by counsel, without counsel's consent

NY RPC 4.2 (the 'no-contact' rule) forbids an attorney from communicating about the matter with a person the attorney knows to be represented by counsel, unless that counsel consents or the communication is authorized by law. Unrepresented witnesses, former rank-and-file employees, and opposing experts generally fall outside this prohibition.

Under New York RPC 1.16(b), which of the following requires MANDATORY withdrawal from representation?

Answer: Continued representation would require the attorney to violate the Rules of Professional Conduct

NY RPC 1.16(b)(1) mandates withdrawal when continued representation would require the attorney to violate the Rules of Professional Conduct or other law. The remaining options—client pursuing inadvisable objectives, nonpayment of fees, and financial burden—are permissive grounds for withdrawal under RPC 1.16(c), not mandatory ones.

Under NY RPC 7.1 (22 NYCRR Part 1200), which of the following statements about attorney advertisements is correct?

Answer: Certain attorney advertisements must be labeled 'Attorney Advertising' as required by RPC 7.1(f)

NY RPC 7.1(f) requires that all advertisements, with limited exceptions, be labeled 'Attorney Advertising' on the first page or in the first or last 'screen' of any computer-accessed communication. Advertisements may not be false, deceptive or misleading (RPC 7.1(a)), which includes guarantees of results. Digital and social media advertising is permitted subject to the same rules.