Multistate Professional Responsibility Flashcards

A lawyer's former client sues a new prospective client on a matter substantially related to the prior representation. The lawyer may represent the new client only if:

Answer: The former client gives informed consent, confirmed in writing

Rule 1.9 bars representation materially adverse to a former client in a substantially related matter unless the former client gives informed consent confirmed in writing.

A lawyer advertises 'No fee unless you win!' for personal injury cases but does not mention that clients remain liable for court costs. This advertisement is:

Answer: Misleading and improper because omitting the client's liability for costs makes the statement materially deceptive

Under Rule 7.1, an advertisement is misleading if it omits a fact necessary to make the statement as a whole not materially misleading, such as liability for costs.

During trial, a lawyer states in closing argument, 'I personally believe my client is innocent and the police officer lied.' This statement is:

Answer: Improper, because a lawyer may not assert personal opinions about a witness's credibility or a party's guilt or innocence

Rule 3.4(e) prohibits a lawyer from asserting personal knowledge of facts in issue or personal opinions about credibility, culpability, or guilt.

A lawyer receives a document from opposing counsel that was clearly sent by mistake and contains privileged information. Under the Model Rules, the lawyer must:

Answer: Promptly notify the sender

Rule 4.4(b) requires only that a lawyer who knows a document was inadvertently sent promptly notify the sender; further steps are governed by other law.

A client asks her lawyer whether she can shred old business records. The records are not currently sought in any proceeding, and no litigation is pending or anticipated. The lawyer advises that shredding is lawful. Has the lawyer acted properly?

Answer: Yes, because a lawyer may advise on the lawful destruction of documents when no proceeding is pending or reasonably foreseeable

Advising lawful destruction of documents is proper when no litigation or investigation is pending or reasonably anticipated, since Rule 3.4(a) applies to material with potential evidentiary value.

A lawyer serving as a third-party neutral in a mediation later is asked to represent one of the mediation parties in the same matter. The lawyer may do so only if:

Answer: All parties to the mediation give informed consent, confirmed in writing

Rule 1.12 prohibits a former third-party neutral from representing anyone in the same matter unless all parties give informed consent confirmed in writing.

A lawyer is convicted of felony tax evasion unrelated to her practice. She argues she cannot be disciplined because the crime did not involve a client. Is she correct?

Answer: No, because a criminal act reflecting adversely on honesty, trustworthiness, or fitness is professional misconduct even outside practice

Rule 8.4(b) makes it misconduct to commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness, regardless of any client connection.