Ethics and Professional Responsibility Flashcards

A North Dakota attorney represents a minor child in a custody dispute. The child wants an outcome that the attorney believes is contrary to the child's best interests. How should the attorney proceed?

Answer: Balance the child's expressed wishes against the child's best interests, using professional judgment

NDRPC Rule 1.14 addresses clients with diminished capacity and directs attorneys to maintain a normal attorney-client relationship as much as possible while using professional judgment to protect the client's interests.

Under North Dakota's NDRPC, a lawyer may reveal client confidences without consent in order to:

Answer: Comply with a court order requiring disclosure

NDRPC Rule 1.6(b)(6) permits disclosure to comply with a court order or other law, which is an exception to the general confidentiality rule.

Attorney Davis represents a criminal defendant. Davis learns the defendant has a prior conviction the prosecution is unaware of that would enhance sentencing if discovered. What must Davis do?

Answer: Maintain confidentiality unless the defendant consents to disclosure

Under NDRPC Rule 1.6, a prior conviction is confidential client information; without client consent or a mandatory disclosure exception, the attorney must not reveal it.

A North Dakota law firm uses a non-lawyer administrator to manage its files and billing. A client's information is inadvertently disclosed by the administrator to a third party. Who bears ethical responsibility?

Answer: The supervising attorneys, who have a duty to establish proper oversight systems

NDRPC Rule 5.3 requires lawyers with managerial authority to establish systems ensuring non-lawyer staff comply with professional obligations; supervisory attorneys bear ethical responsibility for failures caused by inadequate supervision.

Which of the following would constitute improper ex parte communication by a North Dakota attorney?

Answer: Sending the judge a letter discussing the merits of a pending case without notice to opposing counsel

NDRPC Rule 3.5 prohibits ex parte communications with judges about the merits of a pending matter unless the opposing party has been notified or the communication is otherwise authorized.

A North Dakota attorney is approached by a criminal defendant who cannot afford counsel. The state bar assigns the case to the attorney through a public defender program. The attorney has a heavy caseload. What ethical obligation applies?

Answer: The attorney must accept the appointment and provide competent, diligent representation

NDRPC Rule 6.2 disfavors avoiding appointment by a tribunal unless good cause exists; appointed counsel must provide the same competent, diligent representation as retained counsel.

Under North Dakota's fee-sharing rules, when may a North Dakota attorney share legal fees with a lawyer in another firm?

Answer: When the division is proportionate to work performed or responsibility assumed, and the client consents in writing

NDRPC Rule 1.5(e) permits fee division between lawyers in different firms if the division is proportionate to services performed or responsibility assumed, the client agrees in a signed writing, and the total fee is reasonable.