JURI 580: Ethics & Professional
Responsibility, updated for the
2026/2027 syllabus
Section 1: The Regulation of the Legal Profession
1. Q: What is the primary source of ethical duties for lawyers in the United States,
and who adopts these rules?
ANSWER ✓ The primary source is the Model Rules of Professional Conduct, drafted
by the American Bar Association (ABA). They are adopted (often with modifications) by
individual state supreme courts, which have the final authority to regulate the practice
of law.
2. Q: Besides the Model Rules, what are three other sources of law that govern
lawyer conduct?
ANSWER ✓ 1. State Bar Acts (statutory law). 2. Procedural Rules (e.g., state rules of
civil procedure). 3. Common Law (particularly for malpractice and fiduciary duty claims).
3. Q: What is the distinction between "discipline" for ethical violations and
"malpractice" liability?
ANSWER ✓ Discipline is public or private sanction by a state bar or court for violating
professional rules, aimed at protecting the public. Malpractice is a civil tort claim by a
client for damages caused by the lawyer’s negligence or breach of fiduciary duty.
4. Q: Which governmental body ultimately has the inherent power to regulate the
practice of law?
ANSWER ✓ The state supreme court in each jurisdiction. This is based on the inherent
powers doctrine, which holds that the judiciary has the exclusive authority to govern the
legal profession.
5. Q: Under the 2026/2027 syllabus, what is the significance of ABA Model Rule 8.5
regarding disciplinary authority?
ANSWER ✓ It establishes that a lawyer is subject to the disciplinary authority of the
jurisdiction where they are admitted and the jurisdiction where they provide legal
services. A lawyer not admitted in a state can still be disciplined there for conduct in
connection with a matter in that state.
,6. Q: What is "unauthorized practice of law" (UPL), and who can be held liable for
it?
ANSWER ✓ UPL is the practice of law by a person not admitted or authorized to do so
in a jurisdiction. A lawyer can be disciplined for assisting a non-lawyer in UPL (Model
Rule 5.5), and non-lawyers can face criminal or civil penalties.
7. Q: What is the "multijurisdictional practice" (MJP) rule, and how does Rule 5.5
permit it?
ANSWER ✓ Rule 5.5 allows a lawyer admitted in one U.S. jurisdiction to provide legal
services in another jurisdiction on a temporary basis if they associate with a local lawyer,
are pro hac vice, or the work arises from their practice in their home state (e.g.,
mediation, negotiations).
8. Q: What are the typical sanctions imposed in lawyer disciplinary proceedings?
ANSWER ✓ From least to most severe: Private Reprimand, Public Reprimand,
Suspension (for a fixed period or indefinite), and Disbarment (permanent revocation of
license to practice).
9. Q: What is the role of the "Client Protection Fund" or "Client Security Fund"?
ANSWER ✓ A fund maintained by state bars to reimburse clients who have lost money
or property due to the dishonest conduct of their lawyer (e.g., theft, embezzlement). It
does not cover negligence or malpractice.
Section 2: The Client-Lawyer Relationship (Formation & Scope)
10. Q: How is the client-lawyer relationship formed?
ANSWER ✓ It is formed when (1) a person manifests an intent to seek legal services, (2)
the lawyer manifests an intent to provide them, and (3) the client reasonably relies on
that representation. It can be implied from conduct, even without a signed fee
agreement.
11. Q: What are a lawyer's duties regarding a prospective client under Rule 1.18?
ANSWER ✓ Even if no representation results, a lawyer must protect the prospective
client’s confidential information. If a lawyer receives disqualifying information from a
prospective client, they may be disqualified from representing an adverse party in the
same or substantially related matter.
, 12. Q: What is the "scope of representation," and how must it be communicated?
ANSWER ✓ Under Rule 1.2, the scope of representation is determined by agreement
with the client. The lawyer must communicate the scope (e.g., limited to transactional
work, not litigation) and must not exceed it without client consent.
13. Q: When can a lawyer limit the scope of representation?
ANSWER ✓ A lawyer can limit the scope if the limitation is reasonable under the
circumstances and the client gives informed consent (Rule 1.2(c)). This is common for
unbundled legal services.
14. Q: What are the required elements of a valid "informed consent"?
ANSWER ✓ Under Rule 1.0(e), informed consent requires that the client agrees after
the lawyer has adequately explained the material risks and reasonably available
alternatives.
15. Q: What is a lawyer’s duty of competence under Rule 1.1?
ANSWER ✓ A lawyer must provide competent representation. This requires the legal
knowledge, skill, thoroughness, and preparation reasonably necessary for the
representation. This now includes competence in technology and the ethical
implications of using AI.
16. Q: What is the duty of diligence under Rule 1.3?
ANSWER ✓ A lawyer must act with reasonable diligence and promptness in
representing a client. This prohibits neglecting matters, failing to meet deadlines, or
repeatedly failing to communicate.
17. Q: Under what circumstances may a lawyer withdraw from representation?
ANSWER ✓ A lawyer may withdraw if it can be done without material adverse effect on
the client, the client persists in a criminal or fraudulent course of action, or the client fails
to pay fees after being warned (Rule 1.16).
18. Q: Under what circumstances must a lawyer withdraw?
ANSWER ✓ A lawyer must withdraw if (1) the representation will result in a violation of
the rules of professional conduct or law, or (2) the lawyer’s physical or mental condition
materially impairs their ability to represent the client (Rule 1.16(a)).
Section 3: Fees, Communications, and Client Property
Responsibility, updated for the
2026/2027 syllabus
Section 1: The Regulation of the Legal Profession
1. Q: What is the primary source of ethical duties for lawyers in the United States,
and who adopts these rules?
ANSWER ✓ The primary source is the Model Rules of Professional Conduct, drafted
by the American Bar Association (ABA). They are adopted (often with modifications) by
individual state supreme courts, which have the final authority to regulate the practice
of law.
2. Q: Besides the Model Rules, what are three other sources of law that govern
lawyer conduct?
ANSWER ✓ 1. State Bar Acts (statutory law). 2. Procedural Rules (e.g., state rules of
civil procedure). 3. Common Law (particularly for malpractice and fiduciary duty claims).
3. Q: What is the distinction between "discipline" for ethical violations and
"malpractice" liability?
ANSWER ✓ Discipline is public or private sanction by a state bar or court for violating
professional rules, aimed at protecting the public. Malpractice is a civil tort claim by a
client for damages caused by the lawyer’s negligence or breach of fiduciary duty.
4. Q: Which governmental body ultimately has the inherent power to regulate the
practice of law?
ANSWER ✓ The state supreme court in each jurisdiction. This is based on the inherent
powers doctrine, which holds that the judiciary has the exclusive authority to govern the
legal profession.
5. Q: Under the 2026/2027 syllabus, what is the significance of ABA Model Rule 8.5
regarding disciplinary authority?
ANSWER ✓ It establishes that a lawyer is subject to the disciplinary authority of the
jurisdiction where they are admitted and the jurisdiction where they provide legal
services. A lawyer not admitted in a state can still be disciplined there for conduct in
connection with a matter in that state.
,6. Q: What is "unauthorized practice of law" (UPL), and who can be held liable for
it?
ANSWER ✓ UPL is the practice of law by a person not admitted or authorized to do so
in a jurisdiction. A lawyer can be disciplined for assisting a non-lawyer in UPL (Model
Rule 5.5), and non-lawyers can face criminal or civil penalties.
7. Q: What is the "multijurisdictional practice" (MJP) rule, and how does Rule 5.5
permit it?
ANSWER ✓ Rule 5.5 allows a lawyer admitted in one U.S. jurisdiction to provide legal
services in another jurisdiction on a temporary basis if they associate with a local lawyer,
are pro hac vice, or the work arises from their practice in their home state (e.g.,
mediation, negotiations).
8. Q: What are the typical sanctions imposed in lawyer disciplinary proceedings?
ANSWER ✓ From least to most severe: Private Reprimand, Public Reprimand,
Suspension (for a fixed period or indefinite), and Disbarment (permanent revocation of
license to practice).
9. Q: What is the role of the "Client Protection Fund" or "Client Security Fund"?
ANSWER ✓ A fund maintained by state bars to reimburse clients who have lost money
or property due to the dishonest conduct of their lawyer (e.g., theft, embezzlement). It
does not cover negligence or malpractice.
Section 2: The Client-Lawyer Relationship (Formation & Scope)
10. Q: How is the client-lawyer relationship formed?
ANSWER ✓ It is formed when (1) a person manifests an intent to seek legal services, (2)
the lawyer manifests an intent to provide them, and (3) the client reasonably relies on
that representation. It can be implied from conduct, even without a signed fee
agreement.
11. Q: What are a lawyer's duties regarding a prospective client under Rule 1.18?
ANSWER ✓ Even if no representation results, a lawyer must protect the prospective
client’s confidential information. If a lawyer receives disqualifying information from a
prospective client, they may be disqualified from representing an adverse party in the
same or substantially related matter.
, 12. Q: What is the "scope of representation," and how must it be communicated?
ANSWER ✓ Under Rule 1.2, the scope of representation is determined by agreement
with the client. The lawyer must communicate the scope (e.g., limited to transactional
work, not litigation) and must not exceed it without client consent.
13. Q: When can a lawyer limit the scope of representation?
ANSWER ✓ A lawyer can limit the scope if the limitation is reasonable under the
circumstances and the client gives informed consent (Rule 1.2(c)). This is common for
unbundled legal services.
14. Q: What are the required elements of a valid "informed consent"?
ANSWER ✓ Under Rule 1.0(e), informed consent requires that the client agrees after
the lawyer has adequately explained the material risks and reasonably available
alternatives.
15. Q: What is a lawyer’s duty of competence under Rule 1.1?
ANSWER ✓ A lawyer must provide competent representation. This requires the legal
knowledge, skill, thoroughness, and preparation reasonably necessary for the
representation. This now includes competence in technology and the ethical
implications of using AI.
16. Q: What is the duty of diligence under Rule 1.3?
ANSWER ✓ A lawyer must act with reasonable diligence and promptness in
representing a client. This prohibits neglecting matters, failing to meet deadlines, or
repeatedly failing to communicate.
17. Q: Under what circumstances may a lawyer withdraw from representation?
ANSWER ✓ A lawyer may withdraw if it can be done without material adverse effect on
the client, the client persists in a criminal or fraudulent course of action, or the client fails
to pay fees after being warned (Rule 1.16).
18. Q: Under what circumstances must a lawyer withdraw?
ANSWER ✓ A lawyer must withdraw if (1) the representation will result in a violation of
the rules of professional conduct or law, or (2) the lawyer’s physical or mental condition
materially impairs their ability to represent the client (Rule 1.16(a)).
Section 3: Fees, Communications, and Client Property
