CT Bar Rules of Professional Conduct 2 — Questions and Answers
Question 1: A Connecticut attorney discovers mid-trial that her client lied in a deposition. What must she do?
- Immediately move for a mistrial
- Disclose the perjury to the court if the client refuses to correct it (Correct answer)
- Do nothing since the testimony is already in the record
- Withdraw without explanation
Correct answer: Disclose the perjury to the court if the client refuses to correct it
Under RPC 3.3, a lawyer must take reasonable remedial measures, including disclosure to the tribunal, when a client has offered false testimony.
Question 2: Attorney A wants to limit the scope of her representation to drafting only, excluding litigation. Under Connecticut RPC 1.2, this is permissible if:
- The court approves the limitation in advance
- The limitation is reasonable and the client gives informed consent (Correct answer)
- The attorney files a notice with the bar
- The limitation is disclosed only if the matter proceeds to court
Correct answer: The limitation is reasonable and the client gives informed consent
RPC 1.2(c) permits limited scope representation when the limitation is reasonable under the circumstances and the client gives informed consent.
Question 3: A Connecticut lawyer receives a subpoena for client documents in her possession. The client instructs her to resist. She should first:
- Comply with the subpoena immediately
- Assert all applicable privileges and protections on the client's behalf (Correct answer)
- Withdraw from representation
- Notify the bar association before acting
Correct answer: Assert all applicable privileges and protections on the client's behalf
Under RPC 1.6 and 1.16, the attorney must assert applicable privileges on behalf of the client before disclosing confidential information.
Question 4: Under Connecticut RPC 1.9, a lawyer who formerly represented Client A may represent Client B against Client A if:
- More than one year has passed since the prior representation
- The matters are not the same or substantially related and Client A consents (Correct answer)
- The prior representation was only for transactional work
- The lawyer's firm screens the lawyer from the matter
Correct answer: The matters are not the same or substantially related and Client A consents
RPC 1.9 bars representation adverse to a former client only in the same or substantially related matters, unless the former client gives informed consent.
Question 5: An attorney in Connecticut wants to advertise on social media. Which statement about her communications is accurate under RPC 7.1?
- Social media posts are exempt from advertising rules
- All communications about legal services must not be false or misleading (Correct answer)
- Testimonials are always prohibited
- She must pre-file all social media posts with the Connecticut Bar
Correct answer: All communications about legal services must not be false or misleading
RPC 7.1 requires that all communications about a lawyer's services—including social media—not be false or misleading.
Question 6: A lawyer suspects a colleague in her firm is misappropriating client funds. Under RPC 8.3, she:
- Must report the misconduct to the appropriate authority if it raises a substantial question of honesty (Correct answer)
- May report it only after the client files a grievance
- Has no duty to report colleagues in the same firm
- Should report only if she has direct evidence
Correct answer: Must report the misconduct to the appropriate authority if it raises a substantial question of honesty
RPC 8.3(a) requires a lawyer to report another lawyer's conduct that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness.
Question 7: Under Connecticut RPC 1.4, a lawyer must promptly inform the client of:
- Every internal legal research memo prepared in the matter
- Any decision or circumstance requiring the client's informed consent (Correct answer)
- All opposing counsel communications verbatim
- Only settlement offers above a threshold the client specifies
Correct answer: Any decision or circumstance requiring the client's informed consent
RPC 1.4(a)(1) requires a lawyer to promptly inform the client of any decision or circumstance about which the client's informed consent is required.
CT Bar Rules of Professional Conduct 2
A Connecticut attorney discovers mid-trial that her client lied in a deposition.
What must she do?