SC Bar Professional Responsibility 5

Question 1

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

Accepted Answer

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

Answer

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

Question 2

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:

Accepted Answer

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

Answer

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

Question 3

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

Accepted Answer

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

Answer

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

Question 4

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:

Accepted Answer

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

Answer

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

Question 5

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

Accepted Answer

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

Answer

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

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Professional Responsibility 5