Wisconsin Professional Responsibility and Ethics Flashcards

Under Wisconsin SCR 20:8.3, when is an attorney required to report another attorney's misconduct to the Wisconsin Office of Lawyer Regulation?

Answer: When the attorney knows that another attorney has committed a violation that raises a substantial question as to that attorney's honesty, trustworthiness, or fitness

SCR 20:8.3(a) requires reporting when the attorney knows of a violation raising a substantial question about honesty, trustworthiness, or fitness — not mere suspicion or minor infractions.

Under Wisconsin SCR 20:6.2, an attorney subject to appointment by a tribunal to represent a client may seek to avoid the appointment only under which circumstance?

Answer: Representing the client would be unreasonably financially burdensome to the attorney

SCR 20:6.2 permits an attorney to seek to avoid appointment if it would impose an unreasonable financial burden, among other limited grounds, but general inconvenience is insufficient.

Under Wisconsin SCR 20:3.4, which of the following would constitute improper conduct regarding evidence and witnesses?

Answer: Offering an expert witness a fee substantially in excess of the reasonable value of the expert's time contingent on the outcome of the litigation

SCR 20:3.4(b) prohibits offering a witness payment contingent on the content of their testimony or the outcome of the case, as this constitutes improper inducement.

Wisconsin SCR 20:1.6(b) allows — but does not require — an attorney to disclose confidential information in certain circumstances. Which of the following is a permitted (not mandatory) exception to confidentiality under this provision?

Answer: Disclosing information to prevent the client from committing a crime that is reasonably certain to result in substantial financial injury to another

Wisconsin SCR 20:1.6(b)(2) permits — but does not require — disclosure to prevent substantial financial injury from a client's crime or fraud, placing it within the attorney's professional judgment.

Under Wisconsin SCR 20:2.1, when acting as an advisor, an attorney is required to exercise independent professional judgment. Which of the following best reflects this obligation?

Answer: An attorney may refer to moral, economic, social, and political factors when giving advice, even if the client only asks for legal analysis

SCR 20:2.1 authorizes attorneys to go beyond purely legal analysis and consider moral, economic, social, and political factors in rendering advice in the client's best interest.

The Wisconsin Office of Lawyer Regulation (OLR) receives and investigates complaints about attorney misconduct. Which of the following statements about the Wisconsin disciplinary system is correct?

Answer: The Wisconsin Supreme Court has exclusive jurisdiction to impose attorney discipline and is the final authority in all attorney discipline cases

Under Wisconsin's system, the Wisconsin Supreme Court has original and exclusive jurisdiction over attorney discipline and is the final authority on all discipline cases, including those initiated by the OLR.

Under Wisconsin SCR 20:7.3, which of the following forms of in-person or real-time electronic solicitation of prospective clients is permissible?

Answer: Soliciting a family member with whom the attorney has a prior professional relationship

SCR 20:7.3 prohibits in-person or real-time electronic solicitation for pecuniary gain, but permits it when the prospective client is a lawyer or has a family, close personal, or prior professional relationship with the attorney.