Candor to the Tribunal
An attorney learns that their client has committed perjury in a deposition two weeks ago. Under Model Rule 3.3, what must the attorney do?
1. Counsel client to correct perjury.
2. If no, withdraw per 1.16.
3. If cannot, must take remedial measures, including disclosure.
A prosecutor receives credible, material exculpatory evidence after a conviction. What must she do?
What is Promptly disclose it to the defense and the court. Rule 3.8(g).
Under ABA rules, when may a lawyer disclose confidential client information?
A. To prevent tax fraud
B. To prevent physical harm
C. If the opposing counsel asks
D. If the client is guilty
What is B?
A concurrent conflict of interest arises when:
A. You dislike your client
B. You’re directly adverse to another current client
C. You’re suing a former client
D. You represent two unrelated clients
What is B?
When may a lawyer split fees with another attorney?
When the client agrees in writing and the fee is reasonable. Rule 1.5(e).
Which of the following must a lawyer disclose under Rule 3.3(a)(2)?
A. Adverse facts that could hurt the case
B. Adverse controlling legal authority not disclosed by opposing counsel
C. Confidential information from another client
D. Client's subjective beliefs about the outcome
What is B?
Adverse controlling legal authority not disclosed by opposing counsel.
Which is not a special duty under Rule 3.8?
A. Refrain from prosecuting without probable cause
B. Ensure the accused is advised of the right to counsel
C. Ensure police respect Miranda rights
D. Make timely disclosure of exculpatory evidence
What is C? Ensure police respect Miranda rights.
That’s a police duty, not a prosecutorial ethics requirement!
California permits lawyers to disclose confidential information to:
What is Prevent criminal acts likely to result in death or substantial bodily harm. CRPC 1.6(b)(1)?
Which is not required for a valid conflict waiver under Rule 1.7?
A. Informed written consent
B. Reasonable belief that lawyer can represent both
C. Waiver notarized
D. Conflict is not legally prohibited
What is C?
True or False: ABA rules require lawyers to complete 50 hours of pro bono per year.
False. It’s suggested, not mandatory.
Art represents a criminal defendant who insists on testifying. Art doesn't know the testimony is false.
What should Art do under ABA rules?
A. Refuse to let the client testify
B. Allow the testimony, but not argue credibility
C. Let the client testify in narrative form
D. Let the client testify and treat it as normal
What is D?
Let the client testify and treat it as normal. ABA Rule 3.3 only requires action if the lawyer knows the testimony is false.
Pam calls a witness with known credibility issues and fails to disclose it. Is this ethical?
What is no? Prosecutors must disclose impeachment evidence under Rule 3.8(d).
A client tells the lawyer she plans to assault her ex. Can the lawyer disclose under ABA rules?
Yes, if the lawyer reasonably believes disclosure is necessary to prevent reasonably certain death or serious bodily harm.
Art wants to represent B against former client A in a related matter. He has no confidential info. Is this okay?
What is No, unless A gives informed written consent.?
Rule 1.9.
Under ABA Rule 7.3, which of the following is not considered “solicitation”?
A. A flyer mailed to a targeted group of accident victims
B. A conversation with a stranger in a hospital waiting room offering legal help
C. A LinkedIn ad visible to anyone searching for lawyers
D. A cold call to someone known to need legal services
What is C? A LinkedIn ad visible to anyone searching for lawyers
➡ Only targeted real-time, person-to-person contact constitutes solicitation under Rule 7.3; public advertising is not solicitation.
During trial, Pam learns her client lied in discovery. The lie was material. What must Pam do?
What is
Take remedial measures including possible disclosure to the tribunal. Rule 3.3 applies to all stages of a proceeding?
True or False: A prosecutor must act on any evidence suggesting post-conviction innocence, regardless of credibility.
What is False?
The evidence must be credible and material enough to suggest a reasonable probability of innocence.
You receive an opposing lawyer’s email by mistake. What must you do under Rule 4.4(b)?
What is Notify the sender?
What is the “Hot Potato” Rule?
A lawyer may not drop a current client to cure a conflict with a more desirable client.
What is the difference between permissible advertising and impermissible solicitation under the ABA rules?
Advertising is generally permitted so long as it’s not false or misleading and is broadly disseminated (Rule 7.1).
Solicitation is prohibited when it involves real-time personal contact with someone known to need legal services, unless the recipient is a lawyer or has a close relationship with the lawyer (Rule 7.3).
A criminal defense lawyer's client insists on giving false testimony. The lawyer uses a narrative approach. Is this permissible?
A. Yes, if the lawyer reasonably believes it is false
B. No, unless required by law
C. Yes, but only in some states, like DC.
D. No, because narrative testimony is always prohibited
What is C?
Yes, but only in some states. The ABA rejects narrative testimony, but some states like Washington DC permits it in some criminal cases.
A prosecutor subpoenas the defendant’s lawyer. Is this proper?
What is no? Under 3.8 (e)
What types of information are protected under the duty of confidentiality?
All information relating to the representation, including public facts, embarrassing facts, and lawyer impressions—unless disclosure is authorized.
May a lawyer sue a former client on behalf of a new client in a substantially related matter if the lawyer remembers no confidences?
No, unless the former client gives informed written consent.
A lawyer runs Facebook ads with a tagline: “We win 99% of our cases!” The ad does not explain what “win” means. Is this ethical under ABA Rule 7.1?
A. Yes, as long as the statement is true
B. Yes, because social media is informal
C. No, it’s misleading and unverifiable
D. No, advertising success rates is always unethical
What is C?
No, it’s misleading and unverifiable
➡ Rule 7.1 prohibits statements that create unjustified expectations or cannot be substantiated.