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

SCR 20:8.3(a) requires reporting when the attorney knows of a violation raising a substantial question about honesty, trustworthiness, or fitness — not mere suspicion or minor infractions.

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

SCR 20:6.2 permits an attorney to seek to avoid appointment if it would impose an unreasonable financial burden, among other limited grounds, but general inconvenience is insufficient.

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

SCR 20:3.4(b) prohibits offering a witness payment contingent on the content of their testimony or the outcome of the case, as this constitutes improper inducement.

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

Wisconsin SCR 20:1.6(b)(2) permits — but does not require — disclosure to prevent substantial financial injury from a client's crime or fraud, placing it within the attorney's professional judgment.

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

SCR 20:2.1 authorizes attorneys to go beyond purely legal analysis and consider moral, economic, social, and political factors in rendering advice in the client's best interest.

WI Bar - Wisconsin Bar Exam Practice Test

WI Bar - Wisconsin Bar Exam Practice Test

WI Bar Wisconsin Professional Responsibility and Ethics 3