Ethics

Question 1

What does Rule 1.06 of the TDRPC address?

Answer 1

General Conflicts

It prohibits representing opposing parties to the same litigation unless certain conditions are met.

Question 2

Under Rule 1.06, what conditions must be met to represent multiple clients?

Answer 2

• Reasonably believes representation won’t be adversely affected
• Each client consents after full disclosure

Question 3

What does Rule 1.07 of the TDRPC pertain to?

Answer 3

Intermediary Rule

It allows a lawyer to act as an intermediary between clients only if impartiality is possible and written consent is obtained.

Question 4

What does Rule 1.09 prohibit?

Answer 4

Representing a new client in a matter adverse to a former client if matter is ‘substantially related’

This rule ensures protection of former clients’ interests.

Question 5

What must fee arrangements be according to TDRPC 1.04?

Answer 5

Reasonable

Factors include time, labor, novelty, skill, fee custom, results, and experience.

Question 6

What is required for contingent fees under TDRPC 1.04?

Answer 6

• Must be in writing
• Signed by client
• Cannot be for criminal or family law cases

Question 7

What type of fees are prohibited under TDRPC 1.04?

Answer 7

Unconscionable fees

This ensures fairness in fee arrangements.

Question 8

What does Rule 1.05 of the TDRPC govern?

Answer 8

Confidentiality

It outlines when confidential information can be revealed.

Question 9

Under Rule 1.05, when can a lawyer reveal confidential information?

Answer 9

• Client consents
• Impliedly authorized
• To prevent death/substantial bodily harm, fraud, or crime

Question 10

What is expected in professionalism during construction disputes?

Answer 10

Civility in negotiation, mediation, arbitration

This includes adhering to rules regarding claims, candor, fairness, and truthfulness.

Question 11

What does Rule 3.01–3.09 emphasize?

Answer 11

Meritorious claims, candor to tribunal, fairness to opposing counsel, truthfulness in statements

Question 12

What does Rule 4.02 state?

Answer 12

Cannot communicate with represented parties without lawyer present

Question 13

What type of conduct does Rule 8.04 prohibit?

Answer 13

Conduct involving dishonesty, fraud, misrepresentation, or conduct prejudicial to justice

Question 14

What types of ethics questions are likely to appear on the TBLS exam?

Answer 14

• Conflict waivers
• Confidentiality exceptions
• Improper fee agreements
• Duties to former clients
• Candor to tribunal