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Wisconsin Professional Responsibility and Ethics Flashcards

7 cards from real WI 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 Wisconsin Professional Responsibility and Ethics flashcards as text

  1. Under Wisconsin SCR 20:1.6, which of the following best describes the scope of an attorney's duty of confidentiality?

    Answer: It applies to all information relating to the representation of a client, regardless of its source

    Wisconsin SCR 20:1.6 broadly protects all information relating to the representation, not just privileged communications, regardless of the source of that information.

  2. Under Wisconsin SCR 20:1.1, which element is NOT explicitly required for competent representation?

    Answer: Guaranteeing a favorable outcome for the client

    SCR 20:1.1 requires legal knowledge, skill, thoroughness, and preparation, but competence never includes guaranteeing a particular outcome.

  3. Under Wisconsin SCR 20:1.7, a concurrent conflict of interest exists when representation of one client is directly adverse to another client OR when there is a significant risk that representation will be materially limited by which of the following?

    Answer: The attorney's responsibilities to another client, a former client, a third person, or the attorney's own interests

    SCR 20:1.7(a)(2) defines a conflict where representation may be materially limited by the attorney's responsibilities to another client, a former client, a third person, or the attorney's own interests.

  4. Wisconsin SCR 20:1.4 requires an attorney to keep a client reasonably informed. Which of the following situations would most clearly violate this rule?

    Answer: Failing to promptly inform a client of a settlement offer received from opposing counsel

    SCR 20:1.4 specifically requires an attorney to promptly inform the client of any circumstances requiring the client's informed consent, including settlement offers the client must decide on.

  5. Under Wisconsin SCR 20:3.3, if an attorney's client intends to offer testimony the attorney knows to be false, what is the attorney's first obligation?

    Answer: Remonstrate with the client confidentially, seeking to persuade the client not to offer false testimony

    Under SCR 20:3.3 and its Comments, an attorney must first counsel the client against offering false testimony; only if that fails does the attorney consider withdrawal or disclosure to the tribunal.

  6. Wisconsin SCR 20:8.4 provides that it is professional misconduct for an attorney to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation. Which scenario below would most likely constitute a violation?

    Answer: Knowingly making a false statement of fact in negotiations with opposing counsel

    SCR 20:8.4(c) prohibits conduct involving dishonesty, fraud, deceit, or misrepresentation, which includes knowingly making false statements of fact during negotiations.

  7. Under Wisconsin SCR 20:4.2, an attorney representing a client generally may not communicate about the subject of the representation with a person the attorney knows to be represented by another lawyer. Which of the following is an exception to this rule?

    Answer: The other lawyer or the court has given prior authorization for the communication

    SCR 20:4.2 permits direct communication with a represented person only when authorized to do so by law, a court order, or the consent of the other party's counsel.