WY Bar Professional Responsibility 2 — Questions and Answers
Question 1: Under Wyoming Rules of Professional Conduct, which rule governs the division of fees between lawyers not in the same firm?
- Rule 1.5(a)
- Rule 1.5(e) (Correct answer)
- Rule 1.8(f)
- Rule 5.4
Correct answer: Rule 1.5(e)
Wyoming RPC Rule 1.5(e) permits fee-sharing between lawyers in different firms if the division is proportionate to services rendered or agreed in writing with client consent.
Question 2: Under Wyoming RPC Rule 1.16, a lawyer MUST withdraw from representation when:
- The client's case becomes difficult
- The representation would require violating the Rules of Professional Conduct (Correct answer)
- The lawyer disagrees with the client's litigation strategy
- The fee is lower than the lawyer prefers
Correct answer: The representation would require violating the Rules of Professional Conduct
Wyoming RPC Rule 1.16(a) mandates withdrawal when continuing would require the lawyer to violate the Rules of Professional Conduct or applicable law.
Question 3: Under Wyoming's professional conduct rules, a lawyer is prohibited from entering a business transaction with a client unless all of the following are met EXCEPT:
- Terms are fair and fully disclosed in writing
- Client is advised in writing to seek independent counsel
- Client gives informed consent in writing
- The transaction is approved by the Wyoming State Bar (Correct answer)
Correct answer: The transaction is approved by the Wyoming State Bar
Wyoming RPC Rule 1.8(a) requires fair terms, written disclosure, advice to seek independent counsel, and client written consent — but does not require State Bar approval.
Question 4: The Wyoming State Bar's disciplinary authority is exercised primarily through:
- The Board of Professional Responsibility and Wyoming Supreme Court (Correct answer)
- The Wyoming Legislature
- The Governor's office
- Federal district court judges
Correct answer: The Board of Professional Responsibility and Wyoming Supreme Court
Wyoming attorney discipline is administered by the Board of Professional Responsibility, with ultimate authority resting in the Wyoming Supreme Court.
Question 5: Under Wyoming RPC Rule 8.3, a lawyer who knows another lawyer has committed a violation that raises substantial questions about that lawyer's honesty must:
- File a civil lawsuit
- Report it to the appropriate professional authority (Correct answer)
- Notify the client immediately
- Report it to law enforcement
Correct answer: Report it to the appropriate professional authority
Wyoming RPC Rule 8.3(a) requires a lawyer to report another lawyer's known misconduct that raises substantial questions about honesty, trustworthiness, or fitness to the appropriate authority.
Question 6: Under Wyoming professional responsibility rules, imputed disqualification means that:
- If one lawyer in a firm is disqualified, all lawyers in that firm may be disqualified (Correct answer)
- Only the personally conflicted lawyer is disqualified
- A disqualified lawyer can transfer the file to a partner
- Disqualification applies only to solo practitioners
Correct answer: If one lawyer in a firm is disqualified, all lawyers in that firm may be disqualified
Wyoming RPC Rule 1.10 imputes most conflicts from one lawyer to all other lawyers associated in the same firm, preventing the firm from circumventing conflict rules.
WY Bar Professional Responsibility 2
Under Wyoming Rules of Professional Conduct, which rule governs the division of fees between lawyers not in the same firm?