Legal Ethics Flashcards

Which of the following actions would most likely constitute a conflict of interest under the Washington Rules of Professional Conduct?

Answer: Representing a client in a matter where the lawyer has a personal financial interest

A conflict of interest arises when a lawyer's personal interests materially limit their ability to represent a client impartially and effectively. Having a personal financial interest in the outcome or subject matter of a client's case creates a significant risk that the lawyer's judgment will be swayed by their own benefit rather than solely the client's best interests. This situation requires strict adherence to ethical rules, often including informed client consent or declining the representation.

Under the Washington Rules of Professional Conduct, when is it permissible for a lawyer to reveal confidential client information?

Answer: When the client consents after consultation

The fundamental principle of client confidentiality dictates that a lawyer must not reveal information relating to the representation of a client. The primary exception to this rule is when the client provides informed consent, meaning they understand the implications of the disclosure and agree to it. This ensures the client's trust in their lawyer and encourages full and frank communication.

A lawyer in Washington accepts a new client but later realizes they lack the competence to handle the case. What should the lawyer do?

Answer: Associate with another lawyer who has the requisite competence

Under the Washington Rules of Professional Conduct, a lawyer has a duty of competence, meaning they must possess the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. If a lawyer realizes they lack the necessary competence, they must either decline the case, acquire the necessary competence through study, or associate with another lawyer who is competent in that area. Associating with competent counsel ensures the client receives effective representation without the initial lawyer having to withdraw entirely.

What is the primary duty of a lawyer who discovers that their client intends to commit perjury?

Answer: Advise the client to testify truthfully and refuse to assist in the perjury

A lawyer has a paramount duty of candor toward the tribunal and cannot knowingly offer false evidence. If a client intends to commit perjury, the lawyer's ethical obligation is to first attempt to persuade the client to testify truthfully. If the client insists on committing perjury, the lawyer must refuse to assist in the perjury, which may involve refusing to call the client as a witness or withdrawing from the representation.

When can a Washington lawyer charge a contingency fee in a civil case?

Answer: In any civil case, provided the fee agreement is in writing and signed by the client

In Washington, contingency fees are generally permissible in civil cases. However, the Rules of Professional Conduct require that the contingency fee agreement must be in writing and signed by the client, clearly stating the method by which the fee is determined. This ensures transparency and protects the client's understanding of the fee structure.