OR Bar OR Bar Professional Responsibility 1 — Questions and Answers
Question 1: Under the Oregon Rules of Professional Conduct, when must an attorney report another attorney's ethical violation?
- When the attorney has actual knowledge of a violation that raises a substantial question as to the other attorney's honesty or fitness (Correct answer)
- Only when the attorney personally witnessed the violation
- Whenever the attorney suspects any minor violation
- Only when the client specifically requests a report
Correct answer: When the attorney has actual knowledge of a violation that raises a substantial question as to the other attorney's honesty or fitness
Oregon RPC 8.3 requires reporting only when the attorney has actual knowledge of a violation that raises a substantial question as to fitness or honesty.
Question 2: An Oregon attorney discovers mid-case that her client intends to commit perjury. What is the attorney's proper course of action?
- Counsel the client against it; if client persists, the attorney must disclose to the tribunal (Correct answer)
- Withdraw from the case without explanation
- Allow the testimony since the attorney cannot breach client confidentiality
- Inform opposing counsel immediately
Correct answer: Counsel the client against it; if client persists, the attorney must disclose to the tribunal
Oregon RPC 3.3 requires the attorney to counsel against perjury and, if the client persists, to disclose the false testimony to the tribunal.
Question 3: Under Oregon RPC 1.7, which of the following is a permissible concurrent conflict of interest?
- Each affected client gives informed written consent after full disclosure and the representation is not prohibited by law (Correct answer)
- One client is a corporation and the other is an individual
- The two clients' interests merely differ but are not directly adverse
- The attorney believes the conflict is minor and will not affect the outcome
Correct answer: Each affected client gives informed written consent after full disclosure and the representation is not prohibited by law
Oregon RPC 1.7(b) allows representation despite a concurrent conflict if all affected clients give informed written consent and other conditions are met.
Question 4: How long must an Oregon attorney generally retain client files after the conclusion of a matter?
- Seven years (Correct answer)
- Three years
- Indefinitely
- One year
Correct answer: Seven years
Oregon State Bar guidelines recommend retaining client files for at least seven years after the matter closes.
Question 5: An Oregon attorney receives a $5,000 retainer from a client. Under Oregon RPC 1.15, where must these funds be deposited?
- In a client trust account (IOLTA or separate account) separate from the attorney's own funds (Correct answer)
- In the attorney's operating account for immediate use
- In a joint account with the client
- In a savings account in the client's name
Correct answer: In a client trust account (IOLTA or separate account) separate from the attorney's own funds
Oregon RPC 1.15 requires that client funds be held in a designated client trust account separate from the attorney's personal or business funds.
Question 6: Under Oregon RPC 1.16, an attorney may withdraw from representation WITHOUT court permission when:
- The client persists in a course of action the attorney reasonably believes is criminal or fraudulent (Correct answer)
- The case becomes more difficult than anticipated
- The attorney receives a better paying client
- The opposing party is represented by a friend of the attorney
Correct answer: The client persists in a course of action the attorney reasonably believes is criminal or fraudulent
Oregon RPC 1.16(b)(2) permits withdrawal when the client insists on action the attorney reasonably believes is criminal or fraudulent.
OR Bar OR Bar Professional Responsibility 1
Under the Oregon Rules of Professional Conduct, when must an attorney report another attorney's ethical violation?