Multistate Professional Responsibility Flashcards

A lawyer represents a client in a divorce. The client's spouse, who is unrepresented, calls the lawyer to discuss settlement. What must the lawyer do?

Answer: Refrain from stating or implying that the lawyer is disinterested and correct any misunderstanding about the lawyer's role

Under Rule 4.3, a lawyer dealing with an unrepresented person must not state or imply disinterest and must correct any misunderstanding of the lawyer's role.

An attorney deposits a client's $10,000 settlement check into the firm's operating account to cover payroll, intending to repay it within a week. Which rule has the attorney violated?

Answer: Rule 1.15 on safekeeping property, because client funds must be held in a separate trust account

Rule 1.15 requires client funds to be kept in a separate trust account, and commingling or misappropriation violates the rule regardless of intent to repay.

A lawyer learns that her client intends to commit perjury in an upcoming civil trial. The client insists on testifying falsely. What is the lawyer's proper course of action?

Answer: Attempt to dissuade the client, and if unsuccessful, seek to withdraw or refuse to offer the false testimony

Under Rule 3.3, a lawyer must first remonstrate with the client and may not knowingly offer false evidence, seeking withdrawal or other remedial measures if necessary.

A prosecutor obtains evidence tending to negate the guilt of the accused. Under the Model Rules, the prosecutor must:

Answer: Make timely disclosure of the evidence to the defense

Rule 3.8(d) requires prosecutors to timely disclose all evidence or information known to negate guilt or mitigate the offense.

A lawyer wishes to enter into a business transaction with a current client. Which of the following is NOT required for the transaction to be permissible?

Answer: The client must be represented by independent counsel in the transaction

Rule 1.8(a) requires fair terms, written disclosure, written advice to seek independent counsel, and signed informed consent, but does not require the client actually retain independent counsel.

An associate at a law firm is directed by a supervising partner to take an action the associate believes violates the ethics rules. The associate follows the direction. When is the associate protected from discipline?

Answer: When the associate acted in accordance with the supervisor's reasonable resolution of an arguable question of professional duty

Under Rule 5.2, a subordinate lawyer does not violate the rules by acting per a supervisor's reasonable resolution of an arguable ethical question.

A lawyer running for judicial office personally solicits campaign contributions from lawyers who appear before the court. This conduct is:

Answer: Prohibited, because judicial candidates generally may not personally solicit campaign funds and must use a campaign committee

The Code of Judicial Conduct prohibits judicial candidates from personally soliciting contributions, requiring solicitation through a campaign committee.