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ABA Model Rules Overview Flashcards
Multistate Professional Responsibility Exam Flashcards
Study our ABA Model Rules Overview flashcards for the Multistate Professional Responsibility Exam exam with 30+ flashcards. View as flashcards, a searchable table, or as a fun matching game.
| Front | Back |
| ABA Rule 1.6 Exceptions to Confidentiality | A lawyer may reveal client information: to prevent crime/fraud, secure legal advice, or comply with a court order. |
| Advertising and Solicitation | Lawyers may advertise services but cannot make false or misleading statements or use coercive or improper methods of solicitation. |
| Candor Toward the Tribunal | A lawyer must not knowingly make false statements of fact or law to a tribunal or fail to correct false statements. |
| Client with Diminished Capacity | A lawyer must take reasonable steps to protect the interests of a client with diminished capacity, including seeking a guardian if necessary. |
| Communication with Represented Persons | A lawyer may not communicate about the subject of representation with a person the lawyer knows is represented by counsel without that counsel’s consent |
| Confidentiality of Information | A lawyer must not disclose information relating to the representation of a client unless the client gives informed consent or the disclosure is permitted by the Rules. |
| Conflict of Interest - Business Transactions with Clients | A lawyer must ensure the terms of a business transaction with a client are fair, fully disclosed, and consented to in writing. |
| Conflicts - Former Clients | A lawyer must not represent a new client if the representation is materially adverse to a former client without informed consent, confirmed in writing. |
| Conflicts of Interest - Current Clients | A lawyer must avoid conflicts of interest unless the affected client gives informed consent, confirmed in writing. |
| Declining or Terminating Representation | A lawyer must decline or terminate representation if it will result in violating the Rules or other law, or if the lawyer is physically or mentally unable to continue. |
| Defense Lawyer Duty | A defense lawyer must represent their client zealously, within the bounds of the law, even if the client is guilty. |
| Duties to Prospective Clients | A lawyer owes limited confidentiality and potential conflict-of-interest protection to prospective clients even if no representation is undertaken |
| Duty of Communication | A lawyer must keep the client reasonably informed about the status of their matter and promptly comply with reasonable requests for information. |
| Duty of Competence | A lawyer must provide competent representation, requiring legal knowledge, skill, thoroughness, and preparation. |
| Duty of Diligence | A lawyer must act with reasonable diligence and promptness in representing a client. |
| Duty to Avoid Frivolous Claims | A lawyer must not bring frivolous claims and must have a basis in law and fact for all pleadings and motions. |
| Expediting Litigation | A lawyer must make reasonable efforts to expedite litigation consistent with the client’s interests |
| Fairness to Opposing Party and Counsel | A lawyer must not unlawfully obstruct access to evidence falsify evidence or counsel a witness to testify falsely |
| Fees and Reasonableness | Fees must be reasonable and adequately explained to the client, preferably in writing. |
| Imputation of Conflicts of Interest | Conflicts of interest for one lawyer in a firm are typically imputed to the entire firm unless waived or excepted by the Rules |
| Mandatory Reporting of Rule Violations | A lawyer must report another lawyer’s violation of the Rules if it raises a substantial question regarding their fitness to practice law. |
| Organization as Client | When representing an organization the lawyer represents the entity through its authorized constituents and must act in the organization's best interests |
| Prohibited Solicitation | A lawyer must not solicit professional employment if it involves coercion, duress, harassment, or targets known vulnerabilities. |
| Prosecutorial Responsibilities | A prosecutor must refrain from prosecuting a charge not supported by probable cause and must disclose exculpatory evidence to the defense |
| Responsibilities of Partners and Supervisory Lawyers | Partners and supervisory lawyers must establish reasonable policies to ensure all lawyers in the firm conform to the Rules of Professional Conduct |
| Responsibilities Regarding Nonlawyer Assistance | A lawyer must ensure that nonlawyers they supervise comply with the Rules of Professional Conduct. |
| Safekeeping Property | A lawyer must hold property of clients or third parties separate from their own property in a trust account. |
| Scope of Representation and Client Decisions | The scope of representation is determined by agreement, and the client decides objectives while the lawyer handles tactical decisions. |
| Truthfulness in Statements to Others | A lawyer must not knowingly make false statements of material fact or law nor fail to disclose a material fact when necessary to avoid assisting an illegal act |
| Unauthorized Practice of Law | A lawyer may not practice law in a jurisdiction in violation of its regulations nor assist a nonlawyer in unauthorized practice |
About the Flashcards
Flashcards for the Multistate Professional Responsibility Exam exam give you a focused way to master the ethical standards every attorney must know. Each card breaks down ABA Model Rules, highlighting key duties like competence, diligence, communication, and safeguarding client property, so you can quickly spot rule numbers and underlying policy on test day.
The deck also drills common problem areas-current and former client conflicts, business transactions with clients, confidentiality exceptions, advertising limits, and obligations to tribunals. Scenario-based prompts reinforce how rules apply to prosecutors, defense counsel, organizational clients, and lawyers supervising staff or non-lawyers, ensuring you can analyze any ethics question with confidence.
Topics covered in this flashcard deck:
- Client-lawyer duties
- Conflicts of interest
- Confidentiality & exceptions
- Fees and safekeeping
- Advocacy before tribunals
- Advertising & solicitation