Wisconsin Professional Responsibility and Ethics Flashcards

Under Wisconsin SCR 20:1.15, an attorney who receives client funds in connection with a representation must do which of the following?

Answer: Hold them in a separate trust account and keep records of all deposits and disbursements

SCR 20:1.15 requires attorneys to hold client property in a separate trust account and maintain complete records of all client funds, keeping them segregated from the attorney's own funds.

Wisconsin SCR 20:1.8(a) governs business transactions between attorneys and clients. Which of the following conditions is required before an attorney may enter such a transaction?

Answer: The transaction must be fair and reasonable, its terms must be fully disclosed in writing, and the client must be advised in writing to seek independent counsel

SCR 20:1.8(a) requires that the transaction be fair and reasonable, fully disclosed in writing in a manner the client understands, and that the client be advised in writing to seek independent legal advice.

Under Wisconsin SCR 20:1.5, which of the following factors is relevant to determining whether a fee is reasonable?

Answer: The time and labor required and the novelty and difficulty of the questions involved

SCR 20:1.5(a) lists time and labor required and the novelty and difficulty of questions as among the factors used to assess whether a fee is reasonable.

Under Wisconsin SCR 20:1.9, which duty does an attorney owe to a former client?

Answer: The attorney may not represent another person in a substantially related matter in which that person's interests are materially adverse to the former client, without consent

SCR 20:1.9(a) prohibits an attorney from representing a new client against a former client in a substantially related matter where the interests are materially adverse, unless the former client gives informed written consent.

Wisconsin SCR 20:1.16 requires mandatory withdrawal under certain circumstances. Which of the following requires an attorney to withdraw from a representation?

Answer: The representation will result in violation of the rules of professional conduct or other law

SCR 20:1.16(a)(1) mandates withdrawal when continued representation would result in violation of the Rules of Professional Conduct or other applicable law.

Under Wisconsin's rules, a contingent fee agreement must be in writing and signed by the client. Additionally, which of the following matters does Wisconsin specifically prohibit contingent fee arrangements?

Answer: Criminal defense and domestic relations matters where payment is contingent on divorce being granted

Wisconsin SCR 20:1.5(d) prohibits contingent fees in criminal defense cases and in domestic relations matters where the fee is contingent upon securing a divorce or on the amount of alimony or property settlement achieved.

Under Wisconsin SCR 20:5.4, which of the following is generally prohibited regarding sharing legal fees with non-lawyers?

Answer: Sharing a percentage of legal fees from a specific case with a non-lawyer referral source

SCR 20:5.4 prohibits sharing legal fees directly with non-lawyers or non-law organizations, including paying referral fees to non-lawyers as a percentage of case recovery.