Multistate Professional Responsibility Flashcards

A lawyer discovers after trial that her client submitted a forged document into evidence. The case is still within the appeal period. Under Rule 3.3, the lawyer must:

Answer: Take reasonable remedial measures, including if necessary disclosure to the tribunal, because the duty of candor continues to the conclusion of the proceeding

The duty to take remedial measures under Rule 3.3 continues to the conclusion of the proceeding, which includes the appeal period, and overrides confidentiality.

A lawyer agrees to limit the scope of representation to reviewing a contract but not negotiating it. This limited-scope arrangement is proper if:

Answer: The limitation is reasonable under the circumstances and the client gives informed consent

Rule 1.2(c) permits limiting the scope of representation if the limitation is reasonable and the client gives informed consent.

A lawyer refers clients needing accounting services to her brother's firm, receiving a 10% referral payment for each client sent. She does not tell the clients about the payment. This arrangement is:

Answer: Improper because the personal financial interest creates a conflict requiring disclosure and informed consent

Under Rule 1.7(a)(2), a lawyer's undisclosed financial interest in referrals creates a material limitation conflict requiring disclosure and informed consent.

A law firm partnership agreement provides that departing lawyers may not practice law within 50 miles of the firm for two years. This restriction is:

Answer: Improper because lawyers may not agree to restrict their right to practice after leaving a firm, except concerning retirement benefits

Rule 5.6(a) prohibits agreements restricting a lawyer's right to practice after termination of the relationship, except agreements concerning retirement benefits.

A lawyer knows that another lawyer has committed a violation raising a substantial question as to that lawyer's honesty. The knowledge is not protected by Rule 1.6. The lawyer must:

Answer: Report the violation to the appropriate professional authority

Rule 8.3(a) mandates reporting another lawyer's violation that raises a substantial question about honesty, trustworthiness, or fitness, absent confidentiality protection.

A lawyer wants to include in a retainer agreement a clause prospectively limiting her malpractice liability to the client. This is permissible only if:

Answer: The client is independently represented in making the agreement

Rule 1.8(h) permits prospectively limiting malpractice liability only if the client is independently represented in making the agreement.

A lawyer solicits a wealthy accident victim in person at the hospital, offering legal services for a fee. The victim is not a lawyer, family member, or prior client. This conduct is:

Answer: Prohibited in-person solicitation because it involves live contact for pecuniary gain with a vulnerable stranger

Rule 7.3 prohibits live in-person solicitation for pecuniary gain unless the target is a lawyer, family member, close friend, prior client, or routine user of such services.