NY Professional Responsibility Flashcards

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.

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.