Professional Responsibility Flashcards

An attorney, newly admitted to the New York bar, is asked by a close family friend to handle a complex international trade dispute. The attorney has no prior experience in this area of law. According to the New York Rules of Professional Conduct, which of the following is the most appropriate course of action for the attorney?

Answer: Accept the representation, but only if they can achieve competence through diligent study and preparation before any critical deadlines.

New York Rule of Professional Conduct 1.1(a) requires a lawyer to provide competent representation. However, Comment [2] to Rule 1.1 clarifies that a newly admitted lawyer can be as competent as an experienced practitioner. Comment [4] further states that a lawyer may accept representation if the necessary level of competence can be achieved through adequate preparation. Rule 1.1(b) also permits a lawyer to handle a matter they are not competent in if they associate with a lawyer who is competent. Therefore, simply declining is not the only option, and accepting with the commitment to become competent through study is a permissible course of action.

A lawyer represents a client in a personal injury lawsuit. During a deposition, the client knowingly makes a false statement of material fact under oath. The lawyer was unaware the statement was false at the time it was made but discovers the truth the next day. Under the New York Rules of Professional Conduct, what is the lawyer's primary obligation?

Answer: To first remonstrate with the client to correct the false statement and, if the client refuses, take reasonable remedial measures, which may include disclosure to the tribunal.

Under Rule 3.3(a)(3) of the New York Rules of Professional Conduct, if a lawyer comes to know that material evidence offered by their client is false, the lawyer must take reasonable remedial measures. The comments to this rule clarify that the first step is to speak with the client confidentially and urge them to correct the falsehood. If the client refuses, the lawyer's duty of candor to the tribunal requires further action, which may necessitate disclosing the perjury to the court, even if it means revealing confidential information otherwise protected by Rule 1.6.

Attorney A and Attorney B are not in the same law firm. Attorney A refers a personal injury case to Attorney B, a certified specialist. They agree to divide the contingent fee. Under the New York Rules of Professional Conduct, which condition is NOT required for this fee division to be proper?

Answer: Both attorneys must be certified specialists in personal injury law.

Rule 1.5(g) of the New York Rules of Professional Conduct governs the division of fees between lawyers who are not in the same firm. It requires that (1) the division is either proportional to the services performed or each lawyer assumes joint responsibility in writing; (2) the client agrees in writing to the arrangement, including the share each lawyer receives; and (3) the total fee is not excessive. There is no requirement in the rule that both attorneys be specialists in the area of law.

An attorney represents a small tech startup. The attorney learns confidential information that the startup is about to be acquired by a major corporation at a price that will cause its stock to triple in value. The attorney's spouse, an independent stockbroker, asks for a 'hot tip.' Under which of the following circumstances may the attorney disclose this information?

Answer: Under no circumstances, unless the client gives informed consent.

Rule 1.6 of the New York Rules of Professional Conduct establishes a broad duty of confidentiality. A lawyer cannot reveal confidential information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized to carry out the representation, or the disclosure falls under one of the specific exceptions in Rule 1.6(b). Using the information for the advantage of a third person (the spouse) is explicitly prohibited. The exceptions, such as preventing a crime, apply to crimes the client intends to commit, not crimes a third party might commit with the information.

A lawyer represented Client X five years ago in negotiating a commercial lease for a retail space. Now, Landlord Y, the other party to that lease, wants to hire the lawyer to sue Client X for breach of that same lease agreement. What must the lawyer do to accept the representation of Landlord Y?

Answer: The lawyer must obtain informed consent, confirmed in writing, from the former client, Client X.

According to New York Rule of Professional Conduct 1.9(a), a lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing. Suing a former client for breach of a lease the lawyer negotiated is the same matter, and the interests are materially adverse. Therefore, obtaining written, informed consent from the former client is required.

Which of the following situations describes a non-consentable conflict of interest under New York's Rules of Professional Conduct?

Answer: A lawyer representing one client in the assertion of a claim against another client who is represented by the same lawyer in the same litigation.

New York Rule of Professional Conduct 1.7(b)(3) explicitly states that a conflict is non-consentable if the representation involves the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal. While the other scenarios present potential conflicts of interest, they may be consentable if the lawyer reasonably believes they can provide competent and diligent representation to each affected client and each client gives informed consent, confirmed in writing.