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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. If the matter is in litigation - the lawyer must obtain the tribunal's permission to withdraw. State court requires a notice of intent with a minimum of 10 days notice (effective if no objection).
Trial Publicity
Impermissible Conduct in Litigation
Withdrawal Procedure
Lawyer as Witness
2. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Encouragement of Pro Bono
Proprietary Interests
Confidentiality Exception:Future Crime
Government service after private employment
3. 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.
Client property other than money
Proprietary Interests
Nonadjudicative Proceedings
Confirmed in writing
4. A lawyer has a duty of confidentiality and loyalty.
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5. If the client is a corporation - the informed consent needs to come from the entity.
Total fee reasonable
Who is the client
Taking a matter up the ladder
Impermissible Conduct in Litigation
6. Even if no lawyer-client relationship forms - a lawyer shall not represent a client with interests materially adverse to those of a prospective client in the same or substantially same matter if the lawyer received information from the prospective cl
Aiding Unauthorized practice/disbarred Lawyers
Prospective Client Conflict Requirements
Special Responsibilities of Prosecutors
Communication
7. 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.
When Disqualification Required
Former Clients
Time limits of confidentiality
Media rights
8. A lawyers must always abide by the RPCs. If a lawyer is asked to do something by a supervisor - the lawyer does not violate the RPCs if the lawyer acts in accordance with the supervisor's reasonable resolution of an arguable question of professional
When representation is permitted
Supervisory and Subordinate Duties and Liability
Confidentiality Exception:Protect the Lawyer
Duty of Subordinate Lawyers
9. 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.
Multijurisdictional Practice
Payment from a third person
Supervisory and Subordinate Duties and Liability
Specialization and Fields of Practice
10. A lawyer who has formerly represented a client shall not represent another person in the same or substantially the same matter that is adverse to the former client unless given informed consent.
Former Clients
Physical Evidence
Impropriety and the Appearance of Impropriety
Flat Fees
11. Judges should report actual knowledge of lawyer or judge misconduct
In house counsel
Candor to the Tribunal and Adverse Legal Authority
Should Report Lawyer and Judicial Misconduct
Encouragement of Pro Bono
12. A lawyer currently serving as a public officer shall not negotiate for private employment in a matter in which the lawyer is participating personally and substantially. A law clerk may negotiate after the judge is given notice.
Who is the client
Protecting the Client and Unearned Fees in withdrawal
False or Misleading Statements
Negotiating for Employment
13. When a lawyer leaves a firm - the firm is not prohibited from representing a client with interests materially adverse to those of a client represented by a former lawyer unless (1) it is a same or substantially related matter - or 2) any remaining la
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14. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Client Under a Disability
Meretricious and Frivolous Claims
Pay to Play Prohibited
Duties re Property of others
15. Lawyer cannot represent anyone in a matter in which the judge participated personally and substantially as a judge unless parties give informed written consent. A firm may represent if lawyer is screened and notice is given. If a lawyer is a partisan
When Disqualification Required
Judge of Third Party Neutral
Joining a firm
Gifts
16. A lawyer may share information relating to the representation with: employees and firm members - disclosure is necessary for administrative purposes; and for evaluation for use by third persons.
Use by other persons
Organization as client
Negotiating for Employment
Legal Knowledge and Skill
17. Fee splitting with a nonlawyer is NOT allowed. Lawyer may split fees with a lawyer outside the firm if the fee is split in proportion to the work done or each lawyer assumes joint responsibility. Client must give informed consent (amount received by
Business transactions with a client
Splitting fees
Joining a firm
General Requirement for Admission to Practice
18. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Taking a matter up the ladder
Potential Conflicts of Interest
Informed Consent
Candor to the Tribunal and Adverse Legal Authority
19. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Use by other persons
Firm Names and Designations
Gifts
Solicitation in Person
20. A lawyer or law firm shall not accept a governmental legal engagement or an appointment by a judge id the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining the appointment or engagement
Pay to Play Prohibited
False or Misleading Statements
Organization as client
Partnership with nonlawyers
21. A lawyer had a duty to expedite litigation.
Time limits of confidentiality
Expediting Litigation
Withdrawal and COI
Lawyer's Duties
22. 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.
Confidentiality Exception:Future Crime
Non-lawyer employees
Use by other persons
Government service after private employment
23. 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.
Client property other than money
Audits and Overdrafts
Related lawyers
Client Perjury
24. 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.
Related lawyers
Accounts
Informed Consent
Discrimination
25. Time and labor required; novelty and difficulty of the questions and issues involved; skill required to perform the legal service; likelihood that the acceptance of the particular employment will preclude other employment; fee customarily charged; am
Solicitation by Direct Mail
Trust Account Requirements and Interest
Meretricious and Frivolous Claims
Factors of reasonableness
26. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Information gained through representation
Retainers
Protecting the Client and Unearned Fees in withdrawal
Withdrawal and COI
27. A lawyer must be candid with the tribunal and not offer evidence that he knows is false. If lawyer learns evidence is false - he shall reveal that to the tribunal unless prohibited by the RPCs. If prohibited - the lawyer shall take reasonable steps t
Protecting the Client and Unearned Fees in withdrawal
When representation is not permitted
Client Perjury
Joining a firm
28. 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
False or Misleading Statements
Client may consent to prospective client conflict
Taking a matter up the ladder
Gifts
29. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Business transactions with a client
Financial assistance
Government service after private employment
Firm Names and Designations
30. 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..
Information gained through representation
Solicitation in Person
Lawyer's Duties
Confidentiality Exception:Protect the Lawyer
31. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Impermissible Conduct in Litigation
Dealing with Third Persons
Firm Names and Designations
Prospective Client Confidentiality
32. Retainers is a fee that is paid to a lawyer to be available during a specified period of time or matter - in addition to any compensation for legal services performed. Retainers agreements must be in writing and are the lawyer's property and do not g
Retainers
Prospective Client Conflict Requirements
Effect of Lawyer's termination with a firm
Confirmed in writing
33. A lawyer shall not charge or collect unreasonable fees or expenses.
Physical Evidence
Total fee reasonable
Effect of Lawyer's termination with a firm
Confidentiality Exception:Court Fiduciary
34. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Concurrent Conflict of Interest
Purchase of a new law practice
Judge of Third Party Neutral
Promoting Causes Related to the Administration of Justice
35. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Aggregate settlements and pleas
Non-lawyer employees
Potential Conflicts of Interest
Client may consent to prospective client conflict
36. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
When Disqualification Required
Prospective Client Confidentiality
Nonadjudicative Proceedings
37. A lawyer must be fair to opposing counsel and cannot obstruct evidence - falsify evidence - file frivolous discovery requests - refer to inadmissible matters - make statement of opinion - or engage in ex parte contact.
Should Report Lawyer and Judicial Misconduct
Promoting Causes Related to the Administration of Justice
Financial assistance
Impermissible Conduct in Litigation
38. 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
Supervisory and Subordinate Duties and Liability
Audits and Overdrafts
Lawyer's Duties
Physical Evidence
39. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Information gained through representation
Duty of Subordinate Lawyers
Protecting the Client and Unearned Fees in withdrawal
40. Lawyer may not form partnership with nonlawyers if any part of the business constitutes the practice of law (giving legal advice - drafting legal documents - representing a person in court or other formal proceeding - negotiating legal rights of a pe
Disputes over flat fees
Imputed Conflicts of interest
Use by other persons
Partnership with nonlawyers
41. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Effect of Lawyer's termination with a firm
Discrimination
Emergencies
Judge of Third Party Neutral
42. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Allocation of Authority between Lawyer and Client
Should Report Professional Misconduct
Trial Publicity
Limiting Liability
43. Lawyer may withdraw when: there is no material adverse affect on the client's interests; client persists in criminal or fraudulent conduct involving the lawyer's services; lawyer's services were used to perpetrate a crime or fraud; lawyer considers t
Lawyer's Duties
Campaigning and Partisan Activity
Non-lawyer employees
Withdrawal: Permissive
44. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
When Disqualification Required
Use by other persons
Government service after private employment
General Requirement for Admission to Practice
45. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
When representation is permitted
Disputes over flat fees
Firm Names and Designations
Use by other persons
46. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
In house counsel
Duty of Subordinate Lawyers
Physical Evidence
Withdrawal and COI
47. 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.
Time limits of confidentiality
Aggregate settlements and pleas
Organization as client
Withdrawal: Permissive
48. Lawyer shall not have sex with a current client unless a consensual sexual relationship existed prior to the attorney-client relationship. Other members of the firm may represent the client.
Sexual relations with a client
Judge of Third Party Neutral
Non-lawyer employees
Gifts
49. A conflict is not consentable if it involves asserting a claim by one client against another in the same litigation or if it is prohibited by law.
When representation is not permitted
Legal Knowledge and Skill
Withdrawal and COI
Special Responsibilities of Prosecutors
50. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Allocation of Authority between Lawyer and Client
Meretricious and Frivolous Claims
Associating with Other Counsel
Special Rules for Government Personnel