MD Bar Professional Responsibility 2 — Questions and Answers
Question 1: Under Maryland Rule of Professional Conduct 3.3, which of the following best describes a lawyer's duty of candor to the tribunal?
- A lawyer must disclose all facts that may be favorable to the opposing party
- A lawyer must not knowingly make a false statement of fact or law to a tribunal (Correct answer)
- A lawyer must share all privileged communications with the court upon request
- A lawyer must agree with the court's factual findings during oral argument
Correct answer: A lawyer must not knowingly make a false statement of fact or law to a tribunal
Rule 3.3(a)(1) specifically prohibits a lawyer from knowingly making any false statement of material fact or law to a tribunal.
Question 2: Under Maryland Rule of Professional Conduct 3.4, which action by a lawyer during litigation is ethically permissible?
- Concealing documents that are unfavorable to the client but potentially discoverable
- Falsifying an exhibit when the client insists it is necessary for the case
- Making a good faith effort to comply with a legally proper discovery request (Correct answer)
- Coaching a witness to omit testimony about peripheral unfavorable facts
Correct answer: Making a good faith effort to comply with a legally proper discovery request
Rule 3.4 requires fairness to opposing parties and counsel; good faith compliance with proper discovery is both required and permissible, while obstruction and evidence tampering are prohibited.
Question 3: Under Maryland Rule of Professional Conduct 4.2, a lawyer representing a client may communicate directly with a represented opposing party about the matter only if:
- The communication is in writing and a copy is filed with the court
- The opposing party's counsel consents to the direct communication (Correct answer)
- The lawyer gives the opposing party at least 10 days' advance notice
- The opposing party initiates the communication first
Correct answer: The opposing party's counsel consents to the direct communication
Rule 4.2 prohibits direct communication with a represented person about the subject of the representation without the consent of the person's lawyer.
Question 4: Under Maryland Rule of Professional Conduct 5.1, a supervising partner is responsible for a subordinate lawyer's ethical violation when:
- The partner was physically present in the same building when the violation occurred
- The partner had a financial stake in the matter being handled by the subordinate
- The partner knew of the violation at a time when its consequences could be avoided or mitigated and failed to take reasonable remedial action (Correct answer)
- The subordinate is assigned to the partner's practice group regardless of knowledge
Correct answer: The partner knew of the violation at a time when its consequences could be avoided or mitigated and failed to take reasonable remedial action
Rule 5.1 imposes supervisory liability when the supervising lawyer knew of the violation and had the opportunity to prevent or mitigate it but failed to take reasonable action.
Question 5: Under Maryland Rule of Professional Conduct 5.3, what are a lawyer's obligations regarding the conduct of non-lawyer assistants?
- All non-lawyer staff must pass the Multistate Professional Responsibility Examination
- A lawyer must make reasonable efforts to ensure non-lawyers' conduct is compatible with the lawyer's professional obligations (Correct answer)
- Non-lawyer staff may not communicate directly with clients under any circumstances
- A lawyer must provide annual ethics training to all paralegals and legal assistants
Correct answer: A lawyer must make reasonable efforts to ensure non-lawyers' conduct is compatible with the lawyer's professional obligations
Rule 5.3 requires lawyers to make reasonable efforts to ensure non-lawyer assistants' conduct is compatible with the lawyer's own professional obligations.
Question 6: Under Maryland Rule of Professional Conduct 7.1, which of the following advertising communications would be considered false or misleading?
- Stating that the lawyer has been licensed for 20 years when that is accurate
- Listing large verdicts obtained for clients without disclosing they are not typical results (Correct answer)
- Advertising the lawyer's areas of practice without claiming board certification
- Publishing the lawyer's bar admission date and contact information on a website
Correct answer: Listing large verdicts obtained for clients without disclosing they are not typical results
Rule 7.1 prohibits communications that create a materially false impression; listing exceptional verdicts without noting they are unusual creates a misleading picture of expected outcomes.
Question 7: Under Maryland Rule of Professional Conduct 8.3, when a lawyer knows that another lawyer has committed a violation raising a substantial question about that lawyer's honesty or fitness to practice, the lawyer must:
- Report the violation to law enforcement within 24 hours
- Report the information to the appropriate professional authority (Correct answer)
- Notify the client whose matter was affected by the other lawyer's misconduct
- Confront the offending lawyer directly before taking any further action
Correct answer: Report the information to the appropriate professional authority
Rule 8.3(a) requires a lawyer to report known violations that raise substantial questions about fitness to the appropriate professional authority, which in Maryland is the Attorney Grievance Commission.
MD Bar Professional Responsibility 2
Under Maryland Rule of Professional Conduct 3.3, which of the following best describes a lawyer's duty of candor to the tribunal?