WI Bar Wisconsin Professional Responsibility and Ethics 1 — Questions and Answers
Question 1: Under Wisconsin SCR 20:1.6, which of the following best describes the scope of an attorney's duty of confidentiality?
- It applies only to information protected by the attorney-client privilege
- It applies to all information relating to the representation of a client, regardless of its source (Correct answer)
- It applies only to written communications between attorney and client
- It applies only to information the client explicitly labels as confidential
Correct answer: It applies to all information relating to the representation of a client, regardless of its source
Wisconsin SCR 20:1.6 broadly protects all information relating to the representation, not just privileged communications, regardless of the source of that information.
Question 2: Under Wisconsin SCR 20:1.1, which element is NOT explicitly required for competent representation?
- Legal knowledge
- Thoroughness
- Guaranteeing a favorable outcome for the client (Correct answer)
- Preparation
Correct answer: Guaranteeing a favorable outcome for the client
SCR 20:1.1 requires legal knowledge, skill, thoroughness, and preparation, but competence never includes guaranteeing a particular outcome.
Question 3: Under Wisconsin SCR 20:1.7, a concurrent conflict of interest exists when representation of one client is directly adverse to another client OR when there is a significant risk that representation will be materially limited by which of the following?
- The attorney's personal beliefs about the case
- The attorney's responsibilities to another client, a former client, a third person, or the attorney's own interests (Correct answer)
- The complexity of the legal issues involved
- The amount of the fee charged to the client
Correct answer: The attorney's responsibilities to another client, a former client, a third person, or the attorney's own interests
SCR 20:1.7(a)(2) defines a conflict where representation may be materially limited by the attorney's responsibilities to another client, a former client, a third person, or the attorney's own interests.
Question 4: Wisconsin SCR 20:1.4 requires an attorney to keep a client reasonably informed. Which of the following situations would most clearly violate this rule?
- Failing to explain every procedural step in minute detail
- Not providing a client with a written copy of every filing
- Failing to promptly inform a client of a settlement offer received from opposing counsel (Correct answer)
- Declining to share the attorney's personal opinion about the client's character
Correct answer: Failing to promptly inform a client of a settlement offer received from opposing counsel
SCR 20:1.4 specifically requires an attorney to promptly inform the client of any circumstances requiring the client's informed consent, including settlement offers the client must decide on.
Question 5: Under Wisconsin SCR 20:3.3, if an attorney's client intends to offer testimony the attorney knows to be false, what is the attorney's first obligation?
- Immediately withdraw from the representation without any notice
- Permit the client to testify and then impeach the client's testimony
- Remonstrate with the client confidentially, seeking to persuade the client not to offer false testimony (Correct answer)
- Disclose the planned false testimony to the tribunal before it occurs
Correct answer: Remonstrate with the client confidentially, seeking to persuade the client not to offer false testimony
Under SCR 20:3.3 and its Comments, an attorney must first counsel the client against offering false testimony; only if that fails does the attorney consider withdrawal or disclosure to the tribunal.
Question 6: Wisconsin SCR 20:8.4 provides that it is professional misconduct for an attorney to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation. Which scenario below would most likely constitute a violation?
- Vigorously arguing a novel legal theory that has not been adopted by any court
- Knowingly making a false statement of fact in negotiations with opposing counsel (Correct answer)
- Advising a client that the client's case has legal weaknesses
- Charging a contingent fee in a civil litigation matter
Correct answer: Knowingly making a false statement of fact in negotiations with opposing counsel
SCR 20:8.4(c) prohibits conduct involving dishonesty, fraud, deceit, or misrepresentation, which includes knowingly making false statements of fact during negotiations.
Question 7: Under Wisconsin SCR 20:4.2, an attorney representing a client generally may not communicate about the subject of the representation with a person the attorney knows to be represented by another lawyer. Which of the following is an exception to this rule?
- The communication is initiated by the represented person
- The represented person is also an attorney
- The other lawyer or the court has given prior authorization for the communication (Correct answer)
- The communication involves only publicly available information
Correct answer: The other lawyer or the court has given prior authorization for the communication
SCR 20:4.2 permits direct communication with a represented person only when authorized to do so by law, a court order, or the consent of the other party's counsel.
WI Bar Wisconsin Professional Responsibility and Ethics 1
Under Wisconsin SCR 20:1.6, which of the following best describes the scope of an attorney's duty of confidentiality?