SC Bar Professional Responsibility 2

Question 1

Under the South Carolina Rules of Professional Conduct, a lawyer may reveal confidential client information without consent when:

Accepted Answer

The lawyer reasonably believes disclosure is necessary to prevent reasonably certain death or substantial bodily harm

Answer

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:

Accepted Answer

Decline to discuss the matter and refer the seller back to the seller's own attorney

Answer

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:

Accepted Answer

In a writing signed by the client stating how the fee will be calculated

Answer

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:

Accepted Answer

Attempt to persuade the client to testify truthfully

Answer

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)?

Accepted 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

Answer

Rule 1.8(a) requires fair terms, full written disclosure, written advice to seek independent counsel, and the client's informed written consent.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Professional Responsibility 2