WI Bar Wisconsin Professional Responsibility and Ethics 3

Question 1

Under Wisconsin SCR 20:8.3, when is an attorney required to report another attorney's misconduct to the Wisconsin Office of Lawyer Regulation?

Accepted Answer

When the attorney knows that another attorney has committed a violation that raises a substantial question as to that attorney's honesty, trustworthiness, or fitness

Answer

Whenever the attorney suspects any potential ethical lapse by another attorney

Answer

Only when the attorney personally observed the misconduct occur

Answer

Only when the attorney is a partner or supervisor of the attorney who committed the misconduct

Question 2

Under Wisconsin SCR 20:6.2, an attorney subject to appointment by a tribunal to represent a client may seek to avoid the appointment only under which circumstance?

Accepted Answer

Representing the client would be unreasonably financially burdensome to the attorney

Answer

The attorney has a heavy caseload and cannot take on new clients

Answer

The client has expressed a preference for a different attorney

Answer

The matter involves an unfamiliar area of law

Question 3

Under Wisconsin SCR 20:3.4, which of the following would constitute improper conduct regarding evidence and witnesses?

Accepted Answer

Offering an expert witness a fee substantially in excess of the reasonable value of the expert's time contingent on the outcome of the litigation

Answer

Paying a fact witness reasonable compensation for time lost while attending a deposition

Answer

Advising a client about what documents may be relevant and should be preserved

Answer

Interviewing a potential witness before filing suit

Question 4

Wisconsin SCR 20:1.6(b) allows — but does not require — an attorney to disclose confidential information in certain circumstances. Which of the following is a permitted (not mandatory) exception to confidentiality under this provision?

Accepted Answer

Disclosing information to prevent the client from committing a crime that is reasonably certain to result in substantial financial injury to another

Answer

Responding to a court-ordered subpoena for client records

Answer

Complying with the Rules of Professional Conduct when another rule requires disclosure

Answer

Revealing information to defend against a malpractice claim filed by the client

Question 5

Under Wisconsin SCR 20:2.1, when acting as an advisor, an attorney is required to exercise independent professional judgment. Which of the following best reflects this obligation?

Accepted Answer

An attorney may refer to moral, economic, social, and political factors when giving advice, even if the client only asks for legal analysis

Answer

An attorney must always agree with the client's stated goals and objectives

Answer

An attorney must refer only to legal considerations and never discuss practical or moral factors

Answer

An attorney must decline representation if the client's position conflicts with the attorney's personal beliefs

Question 6

The Wisconsin Office of Lawyer Regulation (OLR) receives and investigates complaints about attorney misconduct. Which of the following statements about the Wisconsin disciplinary system is correct?

Accepted Answer

The Wisconsin Supreme Court has exclusive jurisdiction to impose attorney discipline and is the final authority in all attorney discipline cases

Answer

The OLR can impose discipline directly without involvement of the Wisconsin Supreme Court

Answer

An attorney facing discipline may elect to have the matter heard by a circuit court judge rather than the Supreme Court

Answer

Minor violations result in private reprimands issued by the State Bar of Wisconsin

Question 7

Under Wisconsin SCR 20:7.3, which of the following forms of in-person or real-time electronic solicitation of prospective clients is permissible?

Accepted Answer

Soliciting a family member with whom the attorney has a prior professional relationship

Answer

Approaching a person injured in an accident at the hospital to offer legal services

Answer

Calling a potential client who has not requested contact to solicit employment

Answer

Contacting a former client via telephone to solicit a new matter for which the attorney has not previously represented that client