Responsibility Examination – Academic Year 2026 –
Concise Study Guide
R1 - ANS✔✔ An attorney must not make a statement that the attorney knows to be false or
with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a
judge, adjudicatory officer, or public legal officer, or of a candidate for election or appointment
to judicial or legal office. Here, the attorney made a very strong statement about the judge's
mental health and qualification to remain on the bench without any basis of truth.
R2 - ANS✔✔ Under the Model Rules of Professional Conduct, an attorney is prohibited from
disclosing information relating to the representation of a client unless the client consents, the
disclosure is impliedly authorized, or certain exceptions apply. The ethical duty of confidentiality
applies to all information relating to the representation regardless of the source, including third-
party communications. Because the attorney learned the information during the course of
representation, he was bound by the duty of confidentiality not to disclose it.
R3 - ANS✔✔ Although a lawyer owes a duty of confidentiality to a prospective client, a person
who contacts a lawyer for the purpose of preventing the lawyer from representing another
party in a matter (i.e., to disqualify the lawyer) is not treated as a prospective client.
R4 - ANS✔✔ An attorney may reveal confidential information concerning the representation of
a client to the extent the attorney reasonably believes disclosure is necessary to prevent
reasonably certain death or bodily harm. The attorney is not obligated to do so, however.
R5 - ANS✔✔ A lawyer must hold funds that are in a lawyer's possession in connection with a
representation separate from the lawyer's own funds. Funds must be kept in a separate client
trust account, which generally must be maintained in the state in which the lawyer's office is
situated. MRPC 1.15(a).
, R6 - ANS✔✔ An attorney is obligated to provide competent representation to the client and
must possess the legal knowledge, skill, thoroughness, and preparation reasonably necessary
for the representation. In an emergency, an attorney may give advice or assistance in a matter in
which the attorney does not have the skill ordinarily required if referral to or consultation or
association with another attorney would be impractical. Assistance should be limited, however,
to what is reasonably necessary under the circumstances.
R7 - ANS✔✔ Financial assistance to a client is prohibited with respect to pending or planned
litigation, except that an attorney may advance litigation expenses and court costs. The $50 in
this case did not relate to such expenses and costs, and therefore it is prohibited
R8 - ANS✔✔ Subject to a few exceptions, a lawyer is prohibited from disclosing information
relating to the representation of a client, whether that information was obtained from a third
party or from the client, and whether it was acquired after the termination of the
representation. While there is an exception for the disclosure of confidential information to
prevent, mitigate, or rectify substantial financial harm to another based on a client's fraud or
crime in furtherance of which the client has used the lawyer's services, the exception allows but
does not require disclosure.
R9 - ANS✔✔ An attorney is prohibited from negotiating for literary or media rights relating to
representation of a client prior to the conclusion of the representation.
R10 - ANS✔✔ False statements by a lawyer can unfairly undermine public confidence in the
administration of justice. The prohibition on such statements applies to the qualifications or
integrity of not only a judge or a candidate for judicial office, but also a public legal officer, such
as an attorney general, or a candidate for such office. Consequently, a lawyer must not make a
statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity
(i.e., a false statement made with actual malice) concerning the qualifications or integrity of a
judge, adjudicatory officer, or public legal officer, or of a candidate for election or appointment
to judicial or legal office.
R11 - ANS✔✔ While generally a lawyer does not owe a duty to a non-client, a lawyer can owe a
duty of care to a non-client when the non-client has been invited to rely on the opinion or legal