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Professional Responsibility Flashcards

7 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 7 Professional Responsibility flashcards as text

  1. A New York attorney advertises: 'I have never lost a case.' Under NY RPC 7.1, this advertisement is:

    Answer: Prohibited as a statement likely to create unjustified expectations

    NY RPC 7.1(a)(1) prohibits advertising that contains statements likely to create unjustified expectations about results, and claims of never losing a case fall squarely within this prohibition.

  2. An attorney simultaneously represents two co-defendants in a criminal case. Both defendants insist on joint representation despite the attorney's conflict warnings. Under NY RPC 1.7, joint representation is permissible if:

    Answer: Both clients provide informed written consent and the attorney reasonably believes representation of each will not be materially limited

    Under NY RPC 1.7(b), a lawyer may represent clients with concurrent conflicts if the lawyer reasonably believes competent representation is possible and each client gives informed written consent.

  3. A client instructs her attorney to pursue a claim that the attorney believes has no merit. The attorney must:

    Answer: Advise the client of the attorney's assessment but may still file if the client insists and a good-faith argument exists

    NY RPC 3.1 prohibits filing frivolous claims, but an attorney may advance a non-frivolous claim the attorney personally doubts, provided there is a good-faith argument for the client's position.

  4. Attorney represents Seller in a real estate transaction. Attorney also drafts the contract and represents Buyer's interests in explaining the terms. This dual representation without proper consent:

    Answer: Violates NY RPC 1.7 because the interests of Seller and Buyer are directly adverse

    Buyer and Seller have directly adverse interests in a transaction; simultaneously representing both without informed written consent from each violates NY RPC 1.7(a)(1).

  5. A New York attorney receives a subpoena for documents relating to a client's case. The attorney believes the documents are protected by attorney-client privilege. The attorney should:

    Answer: Produce a privilege log and move to quash or for a protective order

    The proper procedure is to assert the privilege, produce a privilege log identifying withheld documents, and seek judicial relief through a motion to quash or protective order.

  6. Under NY RPC 4.2, an attorney may communicate directly with a represented opposing party:

    Answer: When the opposing party's counsel consents or when authorized by law or court order

    NY RPC 4.2 prohibits direct communication with represented parties absent consent of their counsel, but exceptions exist when authorized by law (e.g., government investigations) or court order.

  7. An attorney in New York discovers that opposing counsel inadvertently sent her an email containing clearly privileged strategy documents. Under NY RPC 4.4(b), she must:

    Answer: Promptly notify opposing counsel of the inadvertent disclosure

    NY RPC 4.4(b) requires an attorney who receives inadvertently sent privileged documents to promptly notify the sender, allowing the sender to take protective steps.