SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
Test your basic knowledge |
Professional Responsibility Bar
Start Test
Study First
Subject
:
law
Instructions:
Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can
study here
.
Match each statement with the correct term.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.
This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. When representing an organization - the lawyer represents the entity as a whole acting through its duly authorized constituents and the lawyer's loyalty is with the corporation.
Judge of Third Party Neutral
General Requirement for Admission to Practice
False or Misleading Statements
Organization as client
2. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Contingent fees
Splitting fees
Solicitation by Direct Mail
Confidentiality Exceptions: Death or substantial Bodily Injury
3. A lawyer may reveal information relating to the representation to prevent - mitigate - or rectify substantial injury to the financial or property interests of another that is reasonably certain to result or has resulted where the client has used the
Negotiating for Employment
Pay to Play Prohibited
Reciprocity
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
4. A lawyer may never use confidential information to the client's disadvantage.
Dealing with Third Persons
Associating with Other Counsel
Information gained through representation
Multijurisdictional Practice
5. A lawyer may reveal information relating to the representation to inform a tribunal about any client's breach of fiduciary responsibility when the client is serving as a court appointed fiduciary.
Withdrawal: Permissive
Impropriety and the Appearance of Impropriety
Reciprocity
Confidentiality Exception:Court Fiduciary
6. A lawyer must not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if there is a significant risk that the representation will be materially limited by the lawyer's responsi
Concurrent Conflict of Interest
Withdrawal: Mandatory
Legal Knowledge and Skill
Time limits of confidentiality
7. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Non-lawyer employees
Aiding Unauthorized practice/disbarred Lawyers
Aggregate settlements and pleas
Promoting Causes Related to the Administration of Justice
8. A lawyer shall not represent a client in a matter directly adverse to a client represented by a related lawyer - unless client gives informed written consent and the representation is not a concurrent conflict.
Related lawyers
Government service after private employment
Effect of Lawyer's termination with a firm
Confidentiality Exceptions: Death or substantial Bodily Injury
9. A firm account is for funds belonging to the lawyer or law firm - and an interest-bearing trust account is for funds belonging to the client. There must be no commingling of funds.
Flat Fees
Client may consent to prospective client conflict
Accounts
Protecting the Client and Unearned Fees in withdrawal
10. A lawyer may reveal information relating to the representation to establish a claim or defense if involved in litigation or a dispute with the client..
Supervisory and Subordinate Duties and Liability
Associating with Other Counsel
Use by other persons
Confidentiality Exception:Protect the Lawyer
11. A lawyer not admitted in WA shall not establish an office or another permanent presence in WA. Lawyers who are admitted in another jurisdiction performing some legal services in WA may practice in WA if: temporary and in association with an admitted
Protecting the Client and Unearned Fees in withdrawal
Trust Account Requirements and Interest
Multijurisdictional Practice
Communication
12. Lawyer must withdraw when: lawyer is discharged; continued representation will result in a violation of the RPCs; or the lawyer's physical or mental condition unreasonable impairs te lawyer's ability to represent the client.
Government service after private employment
Confidentiality Exception:Protect the Lawyer
Withdrawal: Mandatory
Proprietary Interests
13. A criminal prosecutor has a duty to seek justice and not prosecute unless there is probable cause that the person is guilty of the crime. A prosecutor must advise a defendant of the right to counsel - disclose information that tends to mitigate a fin
Who is the client
General Requirement for Admission to Practice
Imputed Conflicts of interest
Special Responsibilities of Prosecutors
14. Partners and supervisory lawyers shall make reasonable efforts to ensure that the firm and all lawyers and nonlawyers in the firm comply with the RPCs. A lawyer is responsible for another lawyer's violation of the RPCs if the lawyer orders or with sp
Informed Consent
Taking a matter up the ladder
Supervisory and Subordinate Duties and Liability
Meretricious and Frivolous Claims
15. WSBA does spot audits on trust accounts and a lawyer can be disciplined for improper accounting even if no funds are missing. The lawyer must make provision with the financial institution to have any overdraft notices sent to the WSBA
Contingent fees
Accounts
Campaigning and Partisan Activity
Audits and Overdrafts
16. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Government service after private employment
Sexual relations with a client
Who is the client
Expediting Litigation
17. Business transactions with clients are prohibited unless: (1) the terms are fair and reasonable - (2)fully disclosed in writing in terms the client can understand - (3) client must have been advised in writing to seek independent counsel and given re
Solicitation in Person
Business transactions with a client
Limiting Liability
Partnership with nonlawyers
18. A lawyer shall not reveal information relating to the representation unless the client gives informed consent - the disclosure is impliedly authorized to carry out the representation - or as permitted by the RPCs.
Information relating to the representation
Client property other than money
Supervisory and Subordinate Duties and Liability
Diligence
19. A lawyer shall not accept payment from a third party unless: 1) client gives informed consent - 2) lawyer's independent judgment is not compromised - and 3) information relating to the representation is protected.
Judge of Third Party Neutral
Concurrent Conflict of Interest
Related lawyers
Payment from a third person
20. A lawyer must not take a matter the lawyer is not competent to handle unless the lawyer can become competent without unreasonable expense or delay to the client.
Partnership with nonlawyers
Proprietary Interests
Taking a matter up the ladder
Legal Knowledge and Skill
21. If the client is a corporation - the informed consent needs to come from the entity.
Lawyer as Witness
Who is the client
Trust Account Requirements and Interest
Solicitation by Direct Mail
22. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Limiting Liability
Factors of reasonableness
Dealing with Third Persons
Reciprocity
23. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Factors of reasonableness
Special Responsibilities of Prosecutors
Prospective Client Confidentiality
Imputed Conflicts of interest
24. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Client Perjury
False or Misleading Statements
Confirmed in writing
Physical Evidence
25. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Communication
When representation is not permitted
Use by other persons
Implied Authority
26. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Client Under a Disability
Confidentiality Exception:Protect the Lawyer
Prospective Client Confidentiality
Confidentiality Exception:Court order
27. Client property that is received must be identified - a receipt given to the client - placed in a secure place - and returned to the client when requested. Client files must be turned over - except work product.
Purchase of a new law practice
Encouragement of Pro Bono
Client property other than money
Organization as client
28. A lawyer shall not charge or collect unreasonable fees or expenses.
Allocation of Authority between Lawyer and Client
Total fee reasonable
Impermissible Conduct in Litigation
Taking a matter up the ladder
29. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Use by other persons
Meretricious and Frivolous Claims
Factors of reasonableness
30. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal and COI
Client Under a Disability
Effect of Lawyer's termination with a firm
Government service after private employment
31. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Withdrawal and COI
Audits and Overdrafts
Meretricious and Frivolous Claims
32. A lawyer has a duty of confidentiality and loyalty.
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
33. If the lawyer knows an employee is engaged in action that violates a legal duty to the organization or violates the law and may substantially injure the organization - the lawyer shall proceed in the best interests of the organization and may refer t
Taking a matter up the ladder
In house counsel
Attorney Liens
General Requirement for Admission to Practice
34. The purchase of a law practice is allowed if: entire practice is sold - seller gives clients notice that includes a statement that the client has the right to obtain other counsel and transfer will be presumed if client does not object within 90 days
Purchase of a new law practice
Financial assistance
Confidentiality Exception:Future Crime
Attorney Liens
35. A judge must disqualify herself when the judge's impartiality can be reasonably questioned on the basis of: personal bias - knowledge of disputed facts - personal or household financial interest - serving as lawyer or witness in the matter - the judg
Limiting Liability
Reciprocity
When Disqualification Required
Candor to the Tribunal and Adverse Legal Authority
36. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Client may consent to prospective client conflict
Aggregate settlements and pleas
Use by other persons
Special Responsibilities of Prosecutors
37. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Solicitation in Person
Confirmed in writing
Legal Knowledge and Skill
Confidentiality Exception:Legal Advice
38. Must be in writing and are not allowed in criminal or dissolution cases. Fee agreement must specify if the fee is calculated on the gross or net recovery.
Associating with Other Counsel
Contingent fees
Flat Fees
Disputes over flat fees
39. Prior to conclusion of representation - a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights on information relating to the representation.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Prospective Client Confidentiality
Contingent fees
Media rights
40. A lawyer shall not acquire a proprietary interest in a matter in which the lawyer is involved - but may: 1) acquire a lien to secure the lawyer's fee or expenses - 2) contract with a client for reasonable contingent fee in a civil case.
Proprietary Interests
Sexual relations with a client
Firm Names and Designations
Information relating to the representation
41. Judge must avoid impropriety and the appearance of impropriety - no ex parte contact - no taking gifts - limited public comment about pending cases - no court experts except with notice to the parties - no use of confidential information obtained as
Confidentiality Exceptions: Death or substantial Bodily Injury
Impropriety and the Appearance of Impropriety
Discrimination
Associating with Other Counsel
42. A lawyer who knows that another lawyer has committed a violation of the RPCs - should inform the WSBA. A lawyer who knows that a judge has committed a violation of the CJC that raises a substantial question as to the judge's fitness should inform the
Should Report Professional Misconduct
Associating with Other Counsel
Non-lawyer employees
Audits and Overdrafts
43. A lawyer is responsible for the actions of nonlegal personnel if the conduct of such persons would be in violation of the RPC if engaged in by the lawyer and the lawyer orders or ratifies the conduct.
Total fee reasonable
Confidentiality Exceptions: Death or substantial Bodily Injury
Nonadjudicative Proceedings
Non-lawyer employees
44. Direct mailing is allowed - even targeted mailings.
When representation is permitted
Solicitation by Direct Mail
Confidentiality Exception:Legal Advice
Flat Fees
45. A lawyer may not make a statement about specialization - except patent - trademark - and proctor in admiralty. You may say your practice is limited to or has an emphasis in a certain type of law.
Pay to Play Prohibited
Attorney Liens
Confidentiality Exception:Court order
Specialization and Fields of Practice
46. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Should Report Professional Misconduct
Should Report Lawyer and Judicial Misconduct
Non-lawyer employees
Financial assistance
47. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Lawyer's Duties
Solicitation in Person
Joining a firm
Meretricious and Frivolous Claims
48. A lawyer must not make an improper (likely to prejudice proceedings) extrajudicial statement to the media. Lawyer may make a statement to protect client from prejudice and may make housekeeping statements about case.
Trial Publicity
Splitting fees
Organization as client
Accounts
49. A lawyer had a duty to expedite litigation.
Reciprocity
Expediting Litigation
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
When representation is permitted
50. A lawyer must have a trust account if in private practice and cannot commingle client funds with their own. A trust account must be accurate and up to date. A lawyer may with withdraw client funds that have been paid in advance for fees and costs as
Trust Account Requirements and Interest
Organization as client
Trial Publicity
Attorney Liens