Professional Responsibility and Ethics Flashcards
7 cards from real KS BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Professional Responsibility and Ethics flashcards as text
An attorney learns during representation that her client is about to commit perjury at trial. Under the Kansas Rules of Professional Conduct, what must the attorney do?
Answer: Remonstrate with the client and, if unsuccessful, disclose the false testimony to the tribunal
KRPC 3.3 requires an attorney to remonstrate with the client about the perjury and, if the client proceeds, take remedial measures including disclosure to the tribunal.
Under Kansas ethics rules, which of the following best describes when a lawyer may reveal confidential client information without consent?
Answer: To prevent reasonably certain death or substantial bodily harm
KRPC 1.6(b) permits (but does not require) disclosure of confidential information to prevent reasonably certain death or substantial bodily harm.
A Kansas lawyer serves on a bar association committee that drafts legal standards affecting a client's industry. This situation most likely creates which type of conflict?
Answer: A positional conflict that must be disclosed and evaluated under KRPC 1.7
Positional conflicts arise when a lawyer advocates positions in one matter that are adverse to a client's interest in another, requiring analysis under KRPC 1.7.
Under KRPC 1.15, a Kansas attorney receives a settlement check payable to both the attorney and the client. The proper handling is to:
Answer: Deposit it into the trust account, promptly notify the client, and disburse the client's share
KRPC 1.15 requires settlement funds to be deposited in a trust account with prompt notification to the client and disbursement of funds the client is entitled to receive.
A lawyer's fee agreement states that unearned retainer funds are nonrefundable. Under Kansas ethics rules, this provision is:
Answer: Unenforceable if the fee would be unreasonable under KRPC 1.5
KRPC 1.5 requires all fees to be reasonable; a nonrefundable retainer clause cannot override this requirement and is unenforceable to the extent it results in an unreasonable fee.
Which statement about Kansas lawyer advertising rules is correct?
Answer: Advertising must not be false or misleading
KRPC 7.1 prohibits false or misleading communications about a lawyer's services; other forms of advertising are generally permitted subject to specific rules.
Under KRPC 5.5, a lawyer admitted in Missouri who is not admitted in Kansas may practice in Kansas:
Answer: Temporarily for matters arising out of or reasonably related to the lawyer's home state practice
KRPC 5.5(c) permits temporary practice by an out-of-state lawyer for matters arising out of or reasonably related to their home-state practice, subject to certain conditions.