Multistate Professional Responsibility Flashcards

A lawyer represents two co-defendants in a criminal case. Midway through, their defenses become antagonistic. What should the lawyer do?

Answer: Move to withdraw from representing at least one, and likely both, defendants because the conflict is nonconsentable

When co-defendants' defenses become directly adverse, Rule 1.7 typically makes the conflict nonconsentable, requiring withdrawal.

A disbarred lawyer takes a job as a paralegal at his former firm. Under the Model Rules, the firm's lawyers:

Answer: May employ him for delegated nonlegal tasks but must supervise him and ensure he does not practice law

Rule 5.3 and 5.5 allow supervised nonlawyer work by a disbarred lawyer where permitted, but the firm must ensure he does not engage in the practice of law.

A client with diminished capacity due to early dementia insists on a risky property transfer. The lawyer believes the client is at risk of substantial financial harm. The lawyer may:

Answer: Take reasonably necessary protective action, including consulting family or seeking a guardian, revealing information only to the extent necessary

Rule 1.14 permits reasonably necessary protective action when a client with diminished capacity faces substantial harm, with confidentiality revealed only as needed.

A lawyer posts on social media detailed facts about a pending jury trial she is handling, including her opinion that the opposing party is 'clearly lying.' This is most likely:

Answer: An improper extrajudicial statement with a substantial likelihood of materially prejudicing the proceeding

Rule 3.6 prohibits a lawyer participating in a matter from making public statements with a substantial likelihood of materially prejudicing an adjudicative proceeding.

A lawyer charges a client a nonrefundable 'general retainer' of $5,000 solely to guarantee the lawyer's availability, performing no specific services. Under the Model Rules, this fee:

Answer: May be proper if it is reasonable and truly compensates availability rather than prepaying for services

A true general retainer purchasing availability is earned when paid and permissible if reasonable under Rule 1.5, unlike an advance payment for future services.

An out-of-state lawyer, not admitted in the forum state, negotiates a settlement there for a client in a matter reasonably related to her home-state practice on a temporary basis. Her conduct is:

Answer: Permitted as temporary multijurisdictional practice under Rule 5.5(c)

Rule 5.5(c)(4) permits temporary practice in another jurisdiction for matters reasonably related to the lawyer's home-state practice.

A judge's spouse owns stock worth $100,000 in a corporation that is a party in a case assigned to the judge. The judge must:

Answer: Disqualify herself because a family member has a significant economic interest in the proceeding

The Code of Judicial Conduct requires disqualification when the judge or a family member has an economic interest in a party that could be substantially affected.