AR Bar Professional Responsibility 1 — Questions and Answers
Question 1: Under the Arkansas Rules of Professional Conduct, how long must an attorney generally retain client files after representation ends?
- 1 year
- 3 years
- 5 years (Correct answer)
- 7 years
Correct answer: 5 years
Arkansas attorneys are generally expected to retain client files for at least 5 years after the conclusion of representation.
Question 2: An Arkansas attorney discovers she has a conflict of interest mid-representation. What is the FIRST required action?
- Withdraw immediately without notice
- Consult the client and obtain informed consent if possible (Correct answer)
- Notify the opposing party
- File a motion to withdraw with the court
Correct answer: Consult the client and obtain informed consent if possible
Upon discovering a conflict, the attorney must consult the affected client and obtain informed written consent where the conflict is consentable.
Question 3: Under Arkansas Rule 1.6, which disclosure of client confidential information is PERMITTED without client consent?
- To gain a fee advantage in billing disputes
- To prevent reasonably certain death or substantial bodily harm (Correct answer)
- To share with marketing partners
- To satisfy personal curiosity about a case
Correct answer: To prevent reasonably certain death or substantial bodily harm
Rule 1.6 permits disclosure to prevent reasonably certain death or substantial bodily harm as a recognized exception to confidentiality.
Question 4: An Arkansas lawyer representing a client in litigation learns the client plans to present false testimony. What must the lawyer do?
- Present the testimony as directed
- Counsel the client against it and, if refused, take remedial measures up to disclosure to the tribunal (Correct answer)
- Ignore it as attorney-client privilege protects the communication
- Simply allow the client to testify without guidance
Correct answer: Counsel the client against it and, if refused, take remedial measures up to disclosure to the tribunal
Rule 3.3 requires the lawyer to counsel the client against false testimony and, if necessary, take remedial measures including disclosure to the tribunal.
Question 5: Under Arkansas Rule 1.15, client funds must be kept in which type of account?
- The attorney's personal checking account
- A trust or IOLTA account separate from the attorney's own funds (Correct answer)
- A joint account with the client
- Any bank account designated by the client
Correct answer: A trust or IOLTA account separate from the attorney's own funds
Rule 1.15 requires client funds to be held in a trust or IOLTA account completely separate from the lawyer's personal or business funds.
Question 6: Which body administers attorney discipline in Arkansas?
- The Arkansas State Bar Association
- The Supreme Court of Arkansas through the Office of Professional Conduct (Correct answer)
- The Arkansas Circuit Courts
- The Arkansas Attorney General's Office
Correct answer: The Supreme Court of Arkansas through the Office of Professional Conduct
Attorney discipline in Arkansas is administered by the Supreme Court of Arkansas through its Office of Professional Conduct.
AR Bar Professional Responsibility 1
Under the Arkansas Rules of Professional Conduct, how long must an attorney generally retain client files after representation ends?