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Ethics and Professional Responsibility Flashcards

7 cards from real ND 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 Ethics and Professional Responsibility flashcards as text

  1. A North Dakota attorney's client instructs her to pursue a claim the attorney believes is frivolous. What is the attorney's proper course of action?

    Answer: File the claim only if she can make a non-frivolous argument for changing existing law

    NDRPC Rule 3.1 prohibits bringing a frivolous claim, but permits arguments for modification of existing law if a non-frivolous basis exists; the attorney should not file a purely frivolous claim.

  2. An attorney in North Dakota receives a $10,000 settlement check payable to both the attorney and the client. The attorney is owed $4,000 in fees. How should the attorney handle these funds?

    Answer: Deposit the full amount in the trust account, then disburse $4,000 to herself and $6,000 to the client

    NDRPC Rule 1.15 requires depositing mixed funds in trust, then promptly disbursing the client's portion and transferring earned fees to the attorney's account.

  3. A North Dakota lawyer represents a corporation. The lawyer discovers that a corporate officer is about to commit fraud that will harm the company. The officer instructs the lawyer to stay silent. What should the lawyer do?

    Answer: Refer the matter to higher authority within the corporation

    NDRPC Rule 1.13 directs a lawyer who knows an officer is acting contrary to the organization's interests to refer the matter up the organizational ladder to prevent harm to the client entity.

  4. Under the North Dakota Rules of Professional Conduct, which communication about legal services is presumed to be false or misleading and is prohibited?

    Answer: Claiming specialization in an area without certification by an approved organization

    NDRPC Rule 7.4 prohibits stating that a lawyer is a specialist unless certified by an organization approved by the state bar or the ABA.

  5. A lawyer withdraws from representing a client in a pending litigation matter. Which of the following is NOT required upon withdrawal?

    Answer: Refunding all fees paid, regardless of work completed

    NDRPC Rule 1.16 requires avoiding prejudice, giving notice, and surrendering client property, but only unearned fees must be refunded — not all fees paid.

  6. A North Dakota attorney receives confidential information from a prospective client during an initial consultation but declines the representation. May the attorney later represent an adverse party in the same matter?

    Answer: No, unless the received information is not materially adverse to the prospective client

    NDRPC Rule 1.18 prohibits representing an adverse party if the lawyer received information from the prospective client that could be significantly harmful, unless informed consent is obtained or the information is not materially adverse.

  7. Which of the following statements about North Dakota attorney advertising is CORRECT under the NDRPC?

    Answer: Attorneys may advertise truthful information about their services

    NDRPC Rule 7.1 permits attorneys to advertise as long as the communications are not false or misleading; truthful advertising of services is allowed.