OH Bar Multistate Professional Responsibility 2

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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:

Accepted Answer

Make timely disclosure of the evidence to the defense

Answer

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?

Accepted Answer

The client must be represented by independent counsel in the transaction

Answer

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.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Multistate Professional Responsibility 2