Professional Responsibility Flashcards

A lawyer learns that another lawyer has misappropriated client trust funds. Under South Carolina Rule 8.3, the lawyer must:

Answer: Report the misconduct to the appropriate disciplinary authority because it raises a substantial question about the other lawyer's honesty and trustworthiness

Rule 8.3 mandates reporting misconduct that raises a substantial question as to another lawyer's honesty, trustworthiness, or fitness.

A lawyer is contacted by a prospective client who shares confidential details in an initial consultation, but the lawyer declines the case. The lawyer later may represent the opposing party only if:

Answer: The information received could not be significantly harmful to the prospective client in the matter, or proper screening and consent conditions are satisfied

Rule 1.18 bars adverse representation only when the lawyer received information that could be significantly harmful, subject to screening and consent exceptions.

During a deposition, a lawyer instructs the client not to answer a question that is merely embarrassing but not privileged. This conduct is:

Answer: Improper, because obstructing another party's access to evidence violates the lawyer's duty of fairness

Rule 3.4 prohibits unlawfully obstructing another party's access to evidence; instructions not to answer are generally limited to privilege claims.

A lawyer negotiating a settlement tells opposing counsel the client 'will never accept less than $500,000' when the client authorized $300,000. Under Rule 4.1, this statement is:

Answer: Generally permissible, because statements of settlement authority and negotiating posture are treated as nonmaterial puffery

Comments to Rule 4.1 treat estimates of price or value and statements about settlement intentions as ordinarily nonmaterial negotiation posturing.

A lawyer wishes to provide financial assistance to an indigent litigation client. Which assistance is permitted under Rule 1.8(e)?

Answer: Paying court costs and litigation expenses on the client's behalf

Rule 1.8(e) limits financial assistance to advancing or paying court costs and litigation expenses, not living expenses.

A former government lawyer who worked personally and substantially on a regulatory investigation joins a private firm representing the investigation's target. The firm may continue the representation if:

Answer: The former government lawyer is timely screened, receives no part of the fee from the matter, and written notice is given to the government agency

Rule 1.11 allows the firm to proceed with timely screening, no fee apportionment to the disqualified lawyer, and prompt written notice to the agency.

A lawyer posts on social media harshly criticizing a sitting South Carolina judge, falsely claiming the judge takes bribes. The lawyer is:

Answer: Subject to discipline under Rule 8.2 for making a statement about a judge's integrity with knowledge of its falsity or reckless disregard for the truth

Rule 8.2(a) prohibits knowingly false or reckless statements concerning a judge's qualifications or integrity, even outside court proceedings.