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Model Rules of Prof’l Conduct Preamble [2]-[3] (Am. Bar Ass’n 2016).
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1Do lawyers perform a range of functions, including serving as advisors, advocates, negotiators, evaluators, or neutral parties?
Do lawyers perform a range of functions, including serving as advisors, advocates, negotiators, evaluators, or neutral parties?2In representing a client, must a lawyer give candid advice and use independent professional judgment?
In representing a client, must a lawyer give candid advice and use independent professional judgment?3In advising a client, may a lawyer refer to moral, economic, social, and political factors that may be relevant to the client’s concerns?
In advising a client, may a lawyer refer to moral, economic, social, and political factors that may be relevant to the client’s concerns?4In advising a client, should a lawyer be willing to incorporate expertise from fields other than the law?
In advising a client, should a lawyer be willing to incorporate expertise from fields other than the law?5A lawyer was representing a woman in a divorce. The lawyer believed that the woman was suffering from undiagnosed depression and that this conditio...
A lawyer was representing a woman in a divorce. The lawyer believed that the woman was suffering from undiagnosed depression and that this condition was causing the woman to undervalue her own interests in the divorce settlement. The lawyer believed that the woman would benefit from psychological counseling to help her to better appreciate her own best interests.Is it appropriate for the lawyer to suggest that the woman obtain psychological counseling?6In general, is a lawyer expected to give advice without being asked to do so by a client?
In general, is a lawyer expected to give advice without being asked to do so by a client?7May a lawyer provide an evaluation of a matter affecting a client for the use of someone other than the client?
May a lawyer provide an evaluation of a matter affecting a client for the use of someone other than the client?8Under what circumstances is a client’s informed consent required for a lawyer to provide an evaluation of a matter affecting the client for the use...
Under what circumstances is a client’s informed consent required for a lawyer to provide an evaluation of a matter affecting the client for the use of someone other than the client?9In general, if a lawyer investigates a person on behalf of a client, does the lawyer establish a client-lawyer relationship with the person who is ...
In general, if a lawyer investigates a person on behalf of a client, does the lawyer establish a client-lawyer relationship with the person who is investigated?10A lawyer represented a client in its general business affairs. The client asked the lawyer to investigate a potential business partner and provide ...
A lawyer represented a client in its general business affairs. The client asked the lawyer to investigate a potential business partner and provide a report of his findings. The potential business partner was aware of the investigation and agreed to give the lawyer access to necessary documents and records. The lawyer agreed to conduct the investigation. Throughout the investigation, the lawyer was paid by the client and not by the potential business partner. Does the lawyer have a client-lawyer relationship with the potential business partner?11If a lawyer gives a third person an evaluation of a matter related to a client’s representation, is it possible that the lawyer will owe a legal du...
If a lawyer gives a third person an evaluation of a matter related to a client’s representation, is it possible that the lawyer will owe a legal duty to that third person as a result?12If a lawyer performs an evaluation of a client’s matter for the benefit of a third party, may the client and the lawyer agree in advance on the sco...
If a lawyer performs an evaluation of a client’s matter for the benefit of a third party, may the client and the lawyer agree in advance on the scope of the evaluation?13If a lawyer evaluates a client’s matter for the benefit of a third party, is information relating to the evaluation generally protected by the lawy...
If a lawyer evaluates a client’s matter for the benefit of a third party, is information relating to the evaluation generally protected by the lawyer’s duty of confidentiality?14A lawyer represented a business that was engaged in the sale of securities. To effectuate the sale, the government required an opinion letter from ...
A lawyer represented a business that was engaged in the sale of securities. To effectuate the sale, the government required an opinion letter from the lawyer stating that the securities the business wanted to sell were legal. The business was aware of the opinion-letter requirement. The opinion letter posed no material risk to the client’s interests, and the preparation of these types of letters was a normal part of the client’s business.May the lawyer provide this opinion letter without obtaining the client’s informed consent?15A lawyer represented a business that was for sale. A prospective purchaser of the business asked for an evaluation of the business’s finances. The ...
A lawyer represented a business that was for sale. A prospective purchaser of the business asked for an evaluation of the business’s finances. The evaluation was necessary to complete the purchase of the business, and the business was aware that an evaluation of its finances would be required to effectuate the transaction. At the time, the business was under investigation by the Internal Revenue Service (IRS) for potential tax fraud. This information was not known to the public or to the prospective purchaser. The lawyer believed that disclosure of the investigation would harm the client’s interests in the potential sale. However, the information would have to be included in an evaluation to avoid providing false information to the prospective purchaser.May the lawyer provide the evaluation to the prospective purchaser without getting the business’s informed consent?16If a lawyer is serving as a negotiator for a client, must the lawyer seek a result that is advantageous to the client while acting consistently wit...
If a lawyer is serving as a negotiator for a client, must the lawyer seek a result that is advantageous to the client while acting consistently with the requirement that the lawyer must maintain honest dealings with others?17If a lawyer is serving as a negotiator for a client, does the lawyer’s duty of truthfulness apply to all of the lawyer’s statements of fact?
If a lawyer is serving as a negotiator for a client, does the lawyer’s duty of truthfulness apply to all of the lawyer’s statements of fact?18What is a third-party neutral?
What is a third-party neutral?19When a lawyer serves as a third-party neutral, must the lawyer tell unrepresented parties that the lawyer does not represent them?
When a lawyer serves as a third-party neutral, must the lawyer tell unrepresented parties that the lawyer does not represent them?20In serving as a third-party neutral, might a lawyer be subject to ethical rules in addition to the rules of professional conduct for lawyers?
In serving as a third-party neutral, might a lawyer be subject to ethical rules in addition to the rules of professional conduct for lawyers?21If a lawyer represents a party in proceedings conducted by a third-party neutral, does the lawyer have a duty of candor to both the third-party neu...
If a lawyer represents a party in proceedings conducted by a third-party neutral, does the lawyer have a duty of candor to both the third-party neutral and to the other parties?22Do the MRPC impose special ethical duties on prosecutors regarding charging decisions, evidentiary decisions, and the treatment of criminal defenda...
Do the MRPC impose special ethical duties on prosecutors regarding charging decisions, evidentiary decisions, and the treatment of criminal defendants?23Do the MRPC impose special ethical duties on prosecutors regarding possible wrongful convictions?
Do the MRPC impose special ethical duties on prosecutors regarding possible wrongful convictions?24A prosecutor successfully prosecuted a defendant for robbing a convenience store. Subsequently, the prosecutor received security footage from a sto...
A prosecutor successfully prosecuted a defendant for robbing a convenience store. Subsequently, the prosecutor received security footage from a store across the street showing that the robbery was committed by the defendant’s cousin. The prosecutor did not tell anyone about the video and stored the videotape with the other files for the case.Has the prosecutor engaged in misconduct?25If a lawyer represents a client in a nonadjudicative proceeding before a legislative body or administrative agency, must the lawyer disclose that h...
If a lawyer represents a client in a nonadjudicative proceeding before a legislative body or administrative agency, must the lawyer disclose that he is appearing in the proceeding in a representative capacity?26Does a lawyer have the duties of candor toward the tribunal, fairness to the opposing party and counsel, and respect for the impartiality and decor...
Does a lawyer have the duties of candor toward the tribunal, fairness to the opposing party and counsel, and respect for the impartiality and decorum of the tribunal even if representing a client in a nonadjudicative proceeding?27If a lawyer represents an organization, does the lawyer represent the organization’s personnel in their individual capacities as a result?
If a lawyer represents an organization, does the lawyer represent the organization’s personnel in their individual capacities as a result?28A lawyer was contacted by the general counsel of a business. The general counsel explained that the business needed external counsel to review the ...
A lawyer was contacted by the general counsel of a business. The general counsel explained that the business needed external counsel to review the employment contracts of individuals within the business’s legal department. The lawyer sent over an engagement letter, which the general counsel signed. The lawyer reviewed the employment contracts as directed by the general counsel. At no time did the lawyer communicate with anyone from the business other than the general counsel.Is the lawyer’s client the general counsel?29If an organization’s constituent communicates in his organizational capacity with the organization’s lawyer, is that communication normally protect...
If an organization’s constituent communicates in his organizational capacity with the organization’s lawyer, is that communication normally protected by the lawyer’s duty of confidentiality?30What is a shareholder derivative action?
What is a shareholder derivative action?31May a corporation’s lawyer often defend the corporation against a shareholder derivative action?
May a corporation’s lawyer often defend the corporation against a shareholder derivative action?32Pursuant to the MRPC rules on representing organizations, under what circumstances must an organization’s lawyer report the actions of an officer o...
Pursuant to the MRPC rules on representing organizations, under what circumstances must an organization’s lawyer report the actions of an officer or employee to a higher authority within the organization?33Is a lawyer’s duty to report a matter to a higher authority within the organization triggered merely because the lawyer disagrees with a decision m...
Is a lawyer’s duty to report a matter to a higher authority within the organization triggered merely because the lawyer disagrees with a decision made elsewhere in the organization?34If the highest authority within an organization fails to address a clear violation of law within the organization as reported by the organization’s...
If the highest authority within an organization fails to address a clear violation of law within the organization as reported by the organization’s lawyer, and the lawyer reasonably believes the failure to address the violation will result in substantial injury to the organization, may the lawyer reveal information relating to the representation to the extent necessary to protect the organization from substantial injury?35Does a lawyer’s duty to report a matter to a higher authority within the organization apply if the lawyer represents a government agency?
Does a lawyer’s duty to report a matter to a higher authority within the organization apply if the lawyer represents a government agency?36If a lawyer reasonably believes that she has been discharged for reporting a matter to a higher authority within the organization, must the lawyer ...
If a lawyer reasonably believes that she has been discharged for reporting a matter to a higher authority within the organization, must the lawyer take reasonable steps to ensure that the organization’s highest authority is informed of the discharge?37If a lawyer for an organizational client is dealing with the organization’s constituents, and the lawyer knows or should know that the organization...
If a lawyer for an organizational client is dealing with the organization’s constituents, and the lawyer knows or should know that the organization’s interests are adverse to the interests of those constituents, must the lawyer make sure the constituents understand that the lawyer is representing the organization and not the constituents?38If a lawyer represents an organizational client, is the lawyer ever permitted to represent any of the organization’s directors, officers, employees...
If a lawyer represents an organizational client, is the lawyer ever permitted to represent any of the organization’s directors, officers, employees, members, shareholders, or other constituents?