OH Bar Multistate Professional Responsibility 2 — Questions and Answers
Question 1: 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?
- Refuse to speak with the spouse under any circumstances
- Refrain from stating or implying that the lawyer is disinterested and correct any misunderstanding about the lawyer's role (Correct answer)
- Advise the spouse on the fairness of the proposed settlement
- Refer the spouse to the local bar association before speaking
Correct 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.
Question 2: 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?
- No rule, because the attorney intended to repay the funds promptly
- Rule 1.5 on fees, because the settlement was not yet earned
- Rule 8.4 only, because the conduct was dishonest but not a trust violation
- Rule 1.15 on safekeeping property, because client funds must be held in a separate trust account (Correct answer)
Correct 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.
Question 3: 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?
- Attempt to dissuade the client, and if unsuccessful, seek to withdraw or refuse to offer the false testimony (Correct answer)
- Present the testimony because the client has a right to testify
- Immediately report the client to the police
- Present the testimony but argue it weakly in closing
Correct 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.
Question 4: A prosecutor obtains evidence tending to negate the guilt of the accused. Under the Model Rules, the prosecutor must:
- Disclose it only if the defense files a discovery request
- Disclose it only if it would definitely result in acquittal
- Make timely disclosure of the evidence to the defense (Correct answer)
- Keep it confidential unless ordered by the court
Correct 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.
Question 5: 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?
- The terms must be fair and reasonable and fully disclosed in writing
- The client must be represented by independent counsel in the transaction (Correct answer)
- The client must be advised in writing of the desirability of seeking independent counsel
- The client must give informed consent in a signed writing
Correct 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.
Question 6: 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?
- Always, because subordinates must follow supervisors' orders
- Never, because each lawyer is independently responsible
- Only when the associate objected in writing beforehand
- When the associate acted in accordance with the supervisor's reasonable resolution of an arguable question of professional duty (Correct answer)
Correct 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.
Question 7: A lawyer running for judicial office personally solicits campaign contributions from lawyers who appear before the court. This conduct is:
- Prohibited, because judicial candidates generally may not personally solicit campaign funds and must use a campaign committee (Correct answer)
- Permitted, because campaign fundraising is protected political speech
- Permitted, as long as contributions are under $1,000
- Prohibited only if the candidate promises favorable rulings
Correct 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.
OH Bar Multistate Professional Responsibility 2
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?