Professional Responsibility

Question 1

Model Rule 8.1

Answer 1

Bar admission and disciplinary matters
- an applicant for admission to the bar, or a lawyer in connection with a bar admission application or connection with a disciplinary matter, shall not:
(a) knowingly make a false statement of material fact OR
(b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for the information from an admissions or disciplinary authority, except that this rule does not require disclosure of information otherwise protected by 1.6

Question 2

Model Rule 8.4(g)

Answer 2

Misconduct - Discrimination or Harassment

It is professional misconduct for a lawyer to:
(g) engage in a conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law. This paragraph does not limit the ability of a lawyer to accept, decline, or withdraw from a representation in accordance with the rule 1.16. This paragraph does not preclude legitimate advice or advocacy consistent with the rules.

Question 3

MR 1.2(d)

Answer 3

A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct

Question 4

MR 8.4

Answer 4

Professional misconduct for a L to:
(a) violate or attempt to violate the rules, knowingly assist or induce another to do so, or do so through the acts of another; (b) commit a criminal act that reflects adversely on L’s honesty, trustworthiness or fitness, (c) engage in conduct involving dishonesty, fraud, deceipt or misrepresentation, (d) engage in conduct that is prejudicial to administration of justice

Question 5

MR 8.3

Answer 5

Reporting Professional Misconduct

Question 6

MR 5.1

Answer 6

Responsibilities of partners and supervisors; liability for the actions of subordinate lawyers

Question 7

MR 5.2

Answer 7

Liability of subordinate lawyers

Question 8

MR 5.3

Answer 8

Liability for the actions of non-lawyers

Question 9

MR 1.1

Answer 9

Competence

Question 10

MR 1.3

Answer 10

Diligence

Question 11

MR 1.4

Answer 11

Candor and communication

Question 12

MR 1.2(C)

Answer 12

Limiting the scope of representation BUT some limitations like competence are not allowed

Question 13

MR 1.14

Answer 13

Client with Diminished Capacity

Question 14

MR 1.16

Answer 14

Declining or Terminating Representation (Mandatory v. Permissive Withdrawal)

Question 15

MR 1.6

Answer 15

Confidentiality

Question 16

CR 1.6

Answer 16

Confidentiality

Question 17

MR 1.2

Answer 17

Allocation of Authority/Consultation

Question 18

MR 1.2(d)

Answer 18

Duty not to counsel on or assist crime or fraud

Question 19

MR 8.4

Answer 19

What counts as misconduct/grounds for discipline

Question 20

Formation

Answer 20

RST 14

Question 21

MR 1.7

Answer 21

Conflict of Interest: Current Clients (concurrent conflicts)

Question 22

MR 1.8

Answer 22

Conflict of Interest: Current Clients: Specific Rules

Question 23

MR 1.9

Answer 23

Duties to Former Clients

Question 24

MR 1.10

Answer 24

Imputation of Conflicts of Interest: General Rules

Question 25

MR 1.11

Answer 25

Special Conflicts of Interest for Former and Current Gov Officers and Employees

Question 26

MR 1.13

Answer 26

Organization as Client

Question 27

MR 1.18

Answer 27

Duties to Prospective Clients

Question 28

MR 1.10(a)

Answer 28

General imputation rule

Question 29

MR 1.10(a)(1)

Answer 29

Exception to imputation rule when the basis of the conflict is a personal interest of the lawyer.

Question 30

MR 1.10(a)(2)

Answer 30

Exception to imputation rule for former client conflicts when a lawyer has changed firms.

Question 31

MR 1.10(b)

Answer 31

Imputation for a firm after a conflicted lawyer has left the firm.

Question 32

MR 1.10(c)

Answer 32

All of this is waivable, under the same test as 1.7

Question 33

MR 1.0(k)

Answer 33

Definition of "Screened"

Question 34

MR 1.13

Answer 34

Organization as client

Question 35

CR 1.13

Answer 35

Organization as Client

Question 36

MR 1.8(f)

Answer 36

A lawyer shall not accept compensation for representing a client from one other than the client unless:

Question 37

MR 1.5

Answer 37

Legal Fees

Question 38

MR 1.15

Answer 38

Lawyer as custodian of client property

Question 39

MR 1.8

Answer 39

Current Conflicts: Specific Rules

Question 40

MR 1.5(a)

Answer 40

Fees must be reasonable

Question 41

MR 5.4

Answer 41

Fee Sharing Arrangements: Non-Lawyers

Question 42

MR 1.8(a)

Answer 42

A L shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest unless:

Question 43

MR 1.8(d)

Answer 43

Literary or Media Rights

Question 44

MR 1.8(e)

Answer 44

Financial assistance to clients and indigent clients

Question 45

MR 1.8(f)

Answer 45

Third party payers for client

Question 46

MR 1.8(g)

Answer 46

Aggregate settlement agreements

Question 47

MR 1.8(h)

Answer 47

Limiting malpractice liability (prohibited unless...)

Question 48

MR 1.8(i)

Answer 48

L shall not acquire a proprietary interest in the cause of action or subject matter of litigation unless to acquire a lien to secure L's fee or contract with client for a reasonable contingent fee

Question 49

MR 1.8(j)

Answer 49

A L shall not have sexual relations with a client unless consensual sexual relationship existed when the client-lawyer relationship commenced.

Question 50

MR 1.8(k)

Answer 50

While lawyers are associated in a firm, a prohibition in (a) through (i) that applies to any one of them shall apply to ALL of them aka imputation

Question 51

MR 3.1

Answer 51

Meritorious claims and contentions

Question 52

FRCP 11

Answer 52

Sanctions for frivolous pleadings

Question 53

MR 3.3

Answer 53

Candor toward tribunal