F13 Class 2 Quiz Annotated

1. The Georgia Rules of Professional Conduct are promulgated by:

“Promulgate: To put a law or decree into force or effect. Of an administrative agency: to carry out the formal process of rulemaking by publishing the proposed regulation, inviting public comments, and approving or rejecting the proposal.” Black’s Law Dictionary

A. The State Bar of Georgia
WRONG. The State Bar DID have a role by preparing a proposal to the S.Ct. to change the conduct rules in 2000, and that role did include publishing and inviting comments to its draft rules, but it was the S.Ct. that had the role of either approving or rejecting (or modifying) the State Bar’s proposal. The State Bar is authorized by the S.Ct. to play an important role in enforcing the GRPC.

B. The American Bar Association

WRONG. The GRPC proposed by the State Bar to the S.Ct was based in large part on model rules prepared by the ABA, but the ABA is merely a private organization of lawyers that has no legal authority to put rules of conduct into effect.

C. The Supreme Court of Georgia
CORRECT because it is the S. Ct. that actually put the GRPC into effect by its order in 2000. The Georgia Supreme Court is given the legal authority under the state constitution to regulate the practice of law.

D. None of the Above

2. According to the Scope Section, a violation of the Georgia Rules of Professional Conduct:

A. Establishes a basis for civil liability for lawyer malpractice.

B. Creates a presumption that the lawyer has breached a legal duty to the client.

C. Gives rise to a cause of action against the lawyer by the client.

D. All of the above.

E. None of the above.
CORRECT Scope Comment [18], GLE p 6

3. According to the Scope Section of the GRPC, which of the following statements is NOT correct? The Comment accompanying each Rule is intended to:

A. Explain the meaning of the Rule.

B. Provide a list of specific obligations that are mandated by the general language of the Rule.
CORRECT. Scope Comment 13: “Comments do not add obligations to or expand the Rules but provide guidance for practicing in compliance with the Rules.” GLE 5

C. Illustrate the purpose of the Rule.

D. Provide guidance for practicing in compliance with the Rule.

4. What is the correct sequence of the following steps in the Georgia attorney discipline process: (a) Probable Cause Finding by Investigative Panel, (b) Bar Counsel Review of Grievance, (c) Special Master Report, (d) Notice of Discipline, (e) Review Panel Findings:

A. a, b, c, d, e

B. c, d, a, b, e

C. b, a, d, c, e

(b) Bar Counsel Review of Grievance. Bar Rule 4-202 GLE p. 126

(a) Probable Cause Finding by Investigative Panel Bar Rule 4-203, Rule 4-204.4 GLE pp. 126-127, 129-130

(d) Notice of Discipline Bar Rule 4-208.1, Bar Rule 4-208.2 GLE pp. 132-133

(c) Special Master Report. Bar Rule 4-217. GLE p. 138-39

(e) Review Panel Findings Rule 4-218 GLE p. 139

D. d, b, a, e, c

E. d, a, b, c, e

5. Which of the following are NOT confidential?

A. A Formal Admonition

Is confidential. Bar Rule 4-102(b)(6) GLE p. 122

B. A Special Master Report
CORRECT. Bar Rule 4-221(d)(2) “After a proceeding under these rules is filed with the Supreme Court, ... all reports rendered shall be public documents.” GLE p. 143

C. An Investigative Panel Reprimand

Is confidential. Bar Rule 4-102(b)(5) GLE p. 122

D. Because all disciplinary proceedings are confidential, A, B, and C are all confidential.

Wrong. Bar Rule 4-221(d)
(1)”The State Bar shall maintain as confidential all disciplinary investigations and proceedings pending at the screening or investigative stage ….”
(2) “After a proceeding under these rules is filed with the Supreme Court, all evidentiary and motions hearings shall be open to the public and all reports rendered shall be public documents.” GLE p. 143

6. Ray is preparing his response to the Investigative Panel of the State Disciplinary Board to a grievance that he violated GRPC 7.1. Put in order of authority (highest first) the following sources he could cite for interpreting the meaning of "deceptive communication" in 7.1: a) Comment to 7.1 b) Decision of the Georgia Court of Appeals c) Decision of the US Supreme Court d) FAO reviewed and approved by Georgia Supreme Court e) FAO not reviewed by Georgia Supreme Court.

A. d, e, a, b, c CORRECT

d) FAO reviewed and approved by Georgia Supreme Court

e) FAO not reviewed by Georgia Supreme Court

a) Comment to 7.1

b) Decision of the Georgia Court of Appeals

c) Decision of the US Supreme Court

B. c, b, d, e, a

C. a, c, b, d, e

D. d, a, e, c, b
Note: A good argument could be made that D is also a correct answer. This question is intended to be an example of a quiz question that could be successfully appealed.

7. A Georgia lawyer is subject to disbarment if the lawyer:

A. uses a trade name that does not include the name of at least one lawyer in the firm (or a deceased or retired firm member)

Max penalty is public reprimand Rule 7.5 GLE p. 106-7

B. fails to keep a copy of each advertisement for at least two years.

Max penalty is public reprimand Rule 7.2 GLE p. 101-2

C. fails to keep a record of when and where each advertisement appeared.

Max penalty is public reprimand Rule 7.2 GLE p. 101-2

D. All of the above.

E. None of the above. CORRECT