AZ Bar Professional Responsibility 2 — Questions and Answers
Question 1: Under Rule 3.3, a lawyer's duty of candor to the tribunal prohibits:
- Presenting unfavorable legal authority in the jurisdiction
- Making false statements of fact or law to the court, or offering evidence the lawyer knows is false (Correct answer)
- Asserting frivolous defenses on the client's behalf
- Discussing settlement without the court's knowledge
Correct answer: Making false statements of fact or law to the court, or offering evidence the lawyer knows is false
Rule 3.3 prohibits lawyers from making false statements of material fact or law to the court and from offering evidence known to be false, even if the client directs otherwise.
Question 2: Ex parte communications with a judge by a lawyer are:
- Permitted if the opposing party has been given advance notice
- Prohibited except as authorized by law or court order (Correct answer)
- Permitted in all emergency situations
- Allowed for ministerial matters only if the lawyer informs opposing counsel immediately
Correct answer: Prohibited except as authorized by law or court order
Rule 3.5 prohibits ex parte communications with judges except as authorized by law or court order, to protect the integrity and impartiality of the judicial process.
Question 3: Under Rule 4.2, a lawyer may NOT communicate about the subject of representation with:
- A represented party's former employees
- A person the lawyer knows is represented by counsel in the matter, without that counsel's consent (Correct answer)
- Witnesses who have retained their own counsel
- The opposing party's expert witnesses
Correct answer: A person the lawyer knows is represented by counsel in the matter, without that counsel's consent
Rule 4.2 prohibits direct communication with a represented person about the subject of the representation without the consent of that person's counsel.
Question 4: A lawyer who receives inadvertently disclosed privileged documents from opposing counsel must:
- Review the documents and use them if relevant
- Promptly notify the sender and follow the sender's instructions, or seek court guidance (Correct answer)
- Destroy the documents without review
- File a motion to disqualify opposing counsel
Correct answer: Promptly notify the sender and follow the sender's instructions, or seek court guidance
Rule 4.4(b) requires a lawyer who receives inadvertently sent privileged materials to promptly notify the sender; subsequent steps depend on the jurisdiction's rules and potential court guidance.
Question 5: Under the Arizona Rules, a lawyer who learns that another lawyer has committed a violation that raises a substantial question of honesty, trustworthiness, or fitness:
- Should report it to the client immediately
- Must inform the appropriate professional authority (Correct answer)
- May report it at their discretion
- Should first counsel the other lawyer to self-report
Correct answer: Must inform the appropriate professional authority
Rule 8.3 mandates that a lawyer who knows of another lawyer's violation raising a substantial fitness question must report it to the appropriate disciplinary authority.
Question 6: Lawyer advertising in Arizona must:
- Be pre-approved by the State Bar before publication
- Be truthful and not misleading, and comply with rules on solicitation and required disclosures (Correct answer)
- Include the lawyer's hourly rate in all advertisements
- Be limited to print media and the internet
Correct answer: Be truthful and not misleading, and comply with rules on solicitation and required disclosures
Arizona Rules of Professional Conduct regulate lawyer advertising to ensure it is truthful, not misleading, and complies with anti-solicitation rules and required disclosures.
AZ Bar Professional Responsibility 2
Under Rule 3.3, a lawyer's duty of candor to the tribunal prohibits: