Professionalism, Discipline, and Privilege (5.1 - 8.5 + Privilege)
Under Rule 8.4(c), it is misconduct to engage in conduct involving ______, fraud, deceit, or misrepresentation.
What is “dishonesty”?
This rule requires a lawyer to provide competent representation, including the legal knowledge, skill, thoroughness, and preparation reasonably necessary.
What is Rule 1.1?
A concurrent conflict exists under Rule 1.7(a)(1) when representation of one client is ______ to another client.
What is “directly adverse”?
A lawyer must not file a claim that has virtually no chance of success. This rule governs frivolous claims.
What is Rule 3.1?
A lawyer may not communicate with a person the lawyer knows is represented by counsel under this rule.
What is Rule 4.2?
This rule requires lawyers to report other lawyers’ serious misconduct that raises a substantial question about honesty, trustworthiness, or fitness.
What is Rule 8.3(a)?
Under Rule 1.4, a lawyer must do this promptly when a client requests information.
What is “promptly comply with reasonable requests for information”?
“A conflict to one is a conflict to all” reflects this rule.
What is Rule 1.10 (imputation of conflicts)?
This rule requires prompt disclosure of controlling adverse legal authority.
What is Rule 3.3(a)(2)?
Under Rule 4.1, a lawyer must not knowingly make a false statement of _______ fact to a third person.
What is “material”?
Name two things required to establish attorney–client privilege.
What are: (1) attorney–client relationship, (2) communication, (3) confidentiality, (4) for purpose of legal advice?
A lawyer realizes mid-case she lacks experience in a specialized area. Under Rule 1.1, what may she do to remain compliant?
What is “associate with or consult another lawyer or achieve competence through reasonable preparation”?
List the four requirements under Rule 1.7(b) that allow a lawyer to proceed despite a concurrent conflict.
What are: (1) lawyer reasonably believes they can provide competent/diligent representation; (2) not prohibited by law; (3) no claim by one client against another in same matter; (4) informed consent confirmed in writing?
Your civil client insists on testifying to something you reasonably believe—BUT DO NOT KNOW—is false. Under Rule 3.3, what may you do?
What is “either offer or refuse to offer the testimony”?
Under Rule 4.3, what MUST a lawyer do if an unrepresented person misunderstands the lawyer’s role?
What is “make reasonable efforts to correct the misunderstanding”?
Client tells Lawyer he committed tax fraud years ago and wants advice on whether he’s exposed to criminal liability. Prosecutor subpoenas Lawyer to testify. Is the communication privileged? Why?
What is “Yes — past crimes seeking legal advice remain privileged; crime-fraud exception does not apply”?
Name TWO situations under Rule 1.16 where a lawyer MUST withdraw.
What are “representation will result in violation of law/ethics,” “lawyer is impaired,” or “client fires the lawyer”?
Lawyer previously represented Client A in drafting a non-compete agreement. Now Client B wants Lawyer to sue A alleging the same agreement is unenforceable. What rule applies, and what is the likely result?
What is Rule 1.9 — same or substantially related matter + materially adverse; representation prohibited without informed consent?
Name two actions Rule 3.4 prohibits regarding evidence.
What are “unlawfully obstructing access,” “altering/destroying evidence,” “falsifying evidence,” or “frivolous discovery requests”?
Lawyer receives an email attachment containing opposing counsel’s confidential strategy memo clearly sent by mistake. What must Lawyer do under Rule 4.4(b)?
What is “promptly notify the sender”?
A firm partner learns a subordinate lawyer is withholding responsive documents in discovery. Under Rule 5.1, what is the partner’s obligation?
What is “take reasonable remedial action and ensure firm systems prevent such violations or else be responsible for the misconduct”?
Client tells Lawyer he intends to destroy financial records tomorrow using Lawyer’s advice from a prior meeting. Lawyer now knows the conduct will be a crime. Under Rule 1.2(d) and Rule 1.16, what MUST the lawyer do?
What is “stop assisting, advise against the conduct, and withdraw if necessary”?
A prospective client emails Lawyer detailed facts about potential litigation, but ends up hiring a different lawyer. Later, Lawyer’s firm is retained by the opposing party in that same dispute. What rule limits Lawyer’s participation?
What is Rule 1.18 — duties to prospective clients, requiring disqualification unless consent or effective screening exists?
During a bench trial, you realize your client lied on cross-examination after you unknowingly presented the false testimony. What must you do under Rule 3.3(b)?
What is “take reasonable remedial measures, which may include persuading the client to correct, withdrawing, or disclosing to the tribunal”?
Company’s HR manager (nonlawyer) contacts Lawyer wanting to “chat informally” about claims at issue in pending litigation. Lawyer knows the company is represented. Under Rule 4.2, may Lawyer speak with HR?
What is “no, not without consent from the organization’s counsel”?