SC Bar Professional Responsibility 2 — Questions and Answers
Question 1: Under the South Carolina Rules of Professional Conduct, a lawyer may reveal confidential client information without consent when:
- The lawyer reasonably believes disclosure is necessary to prevent reasonably certain death or substantial bodily harm (Correct answer)
- The client has failed to pay the lawyer's fees for over six months
- A close family member of the client requests the information
- The information would help the lawyer win a different client's case
Correct answer: The lawyer reasonably believes disclosure is necessary to prevent reasonably certain death or substantial bodily harm
Rule 1.6(b) permits disclosure to prevent reasonably certain death or substantial bodily harm.
Question 2: A lawyer represents a client in a real estate purchase. The seller, represented by counsel, calls the lawyer directly to negotiate. The lawyer should:
- Decline to discuss the matter and refer the seller back to the seller's own attorney (Correct answer)
- Negotiate because the seller initiated the contact
- Negotiate but send a summary to the seller's attorney afterward
- Ask the client for permission to speak with the seller
Correct answer: Decline to discuss the matter and refer the seller back to the seller's own attorney
Rule 4.2 prohibits communicating about the matter with a represented person absent that person's counsel's consent, even if the person initiates contact.
Question 3: Under South Carolina Rule 1.5, a contingent fee agreement must be:
- In a writing signed by the client stating how the fee will be calculated (Correct answer)
- Approved by the court before the representation begins
- Limited to no more than 25 percent of any recovery
- Filed with the South Carolina Bar within 30 days
Correct answer: In a writing signed by the client stating how the fee will be calculated
Rule 1.5(c) requires contingent fee agreements to be in a writing signed by the client explaining the fee calculation and expense treatment.
Question 4: A lawyer discovers that a client intends to commit perjury in an upcoming civil trial. The lawyer's first obligation is to:
- Attempt to persuade the client to testify truthfully (Correct answer)
- Immediately withdraw from the representation without explanation
- Report the client to the police
- Allow the testimony and remain silent
Correct answer: Attempt to persuade the client to testify truthfully
Under Rule 3.3, the lawyer must first seek to dissuade the client, with withdrawal or disclosure as later remedial steps if persuasion fails.
Question 5: Which of the following business transactions between a lawyer and a current client is permissible under Rule 1.8(a)?
- A loan on fair terms fully disclosed in writing, with the client advised in writing to seek independent counsel and giving informed written consent (Correct answer)
- Any transaction where the lawyer subjectively believes the terms are fair
- A transaction disclosed orally during a client meeting with a witness present
- Any transaction as long as the lawyer charges no legal fee for it
Correct answer: A loan on fair terms fully disclosed in writing, with the client advised in writing to seek independent counsel and giving informed written consent
Rule 1.8(a) requires fair terms, full written disclosure, written advice to seek independent counsel, and the client's informed written consent.
Question 6: A South Carolina lawyer receives funds belonging partly to the client and partly to the lawyer as earned fees. The disputed portion of the funds must be:
- Kept in the trust account until the dispute is resolved (Correct answer)
- Transferred to the lawyer's operating account within 10 days
- Split evenly between the lawyer and client
- Deposited with the clerk of court
Correct answer: Kept in the trust account until the dispute is resolved
Rule 1.15 requires disputed funds to remain in the trust account until the dispute is resolved, while undisputed portions are promptly distributed.
Question 7: A prosecutor in South Carolina learns of new, credible evidence creating a reasonable likelihood that a convicted defendant did not commit the offense. Under Rule 3.8, the prosecutor must:
- Promptly disclose the evidence to an appropriate court or authority (Correct answer)
- Wait until the defendant files a post-conviction motion
- Keep the evidence confidential as attorney work product
- Disclose the evidence only if the defendant is still incarcerated
Correct answer: Promptly disclose the evidence to an appropriate court or authority
Rule 3.8 imposes special duties on prosecutors, including prompt disclosure of new credible evidence of a wrongful conviction.
SC Bar Professional Responsibility 2
Under the South Carolina Rules of Professional Conduct, a lawyer may reveal confidential client information without consent when: