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. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Client may consent to prospective client conflict
Attorney Liens
Government service after private employment
Concurrent Conflict of Interest
2. Lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims unless each client gives informed written consent. Client must know how much each client is getting.
Dealing with Third Persons
Aggregate settlements and pleas
When Disqualification Required
Confidentiality Exception:Court Fiduciary
3. 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
Attorney Liens
Concurrent Conflict of Interest
Expediting Litigation
4. 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
Trial Publicity
Lawyer's Duties
Should Report Lawyer and Judicial Misconduct
5. 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.
Partnership with nonlawyers
Former Clients
Supervisory and Subordinate Duties and Liability
Implied Authority
6. 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.
Imputed Conflicts of interest
Payment from a third person
Who is the client
Withdrawal: Permissive
7. 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
Financial assistance
When Disqualification Required
Lawyer as Witness
Emergencies
8. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Legal Knowledge and Skill
Implied Authority
When representation is permitted
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
9. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Related lawyers
Solicitation in Person
Multijurisdictional Practice
Confidentiality Exceptions: Death or substantial Bodily Injury
10. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Allocation of Authority between Lawyer and Client
Duties re Property of others
Use by other persons
Impermissible Conduct in Litigation
11. 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
Impropriety and the Appearance of Impropriety
Encouragement of Pro Bono
Potential Conflicts of Interest
Duty of Subordinate Lawyers
12. 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.
Confidentiality Exception:Protect the Lawyer
Confidentiality Exceptions: Death or substantial Bodily Injury
Taking a matter up the ladder
Specialization and Fields of Practice
13. A lawyer shall not make a false or misleading statement about the lawyer or his services so as to lead a reasonable person to form an unjustified expectation.
Disputes over flat fees
Campaigning and Partisan Activity
False or Misleading Statements
Flat Fees
14. 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
Confidentiality Exception:Protect the Lawyer
Audits and Overdrafts
Expediting Litigation
Client Perjury
15. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Associating with Other Counsel
Meretricious and Frivolous Claims
Information relating to the representation
Purchase of a new law practice
16. 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.
Non-lawyer employees
Emergencies
When representation is not permitted
Solicitation by Direct Mail
17. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Accounts
Imputed Conflicts of interest
Attorney Liens
Confidentiality Exception:Court Fiduciary
18. 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
Should Report Lawyer and Judicial Misconduct
Prospective Client Conflict Requirements
Special Responsibilities of Prosecutors
Trial Publicity
19. Firm name may be a trade name but cannot be misleading. Names of deceased or retired partners is allowed. Letterhead must designate in what jurisdiction the lawyers are admitted.
Firm Names and Designations
Withdrawal and COI
Impermissible Conduct in Litigation
Prospective Client Conflict Requirements
20. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Disputes over flat fees
Confidentiality Exceptions: Death or substantial Bodily Injury
Negotiating for Employment
Aiding Unauthorized practice/disbarred Lawyers
21. 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
Total fee reasonable
Duty of Subordinate Lawyers
Time limits of confidentiality
Associating with Other Counsel
22. A lawyer cannot knowingly make or fail to correct a false statement of law or fact to the tribunal. A lawyer must reveal controlling authority - directly adverse to the position taken. A lawyer has no duty to disclose facts adverse to the other party
Effect of Lawyer's termination with a firm
Candor to the Tribunal and Adverse Legal Authority
Duty of Subordinate Lawyers
Business transactions with a client
23. 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
Total fee reasonable
Impermissible Conduct in Litigation
Business transactions with a client
24. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Prospective Client Conflict Requirements
Confidentiality Exception:Legal Advice
Audits and Overdrafts
Imputed Conflicts of interest
25. Lawyers have a duty to expedite litigation - act in a timely manner - and not neglect cases. A lawyer should manage her caseload so there is enough time to effectively represent all her clients.
Withdrawal and COI
Diligence
Non-lawyer employees
Trust Account Requirements and Interest
26. 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
Confidentiality Exception:Legal Advice
Emergencies
Pay to Play Prohibited
27. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Special Responsibilities of Prosecutors
Confidentiality Exceptions: Death or substantial Bodily Injury
Who is the client
28. A lawyer shall not represent a client in a matter in which the lawyer participated personally and substantially while in government unless agency gives informed consent (other members of firm may represent if screened and government given notice).
Nonadjudicative Proceedings
Physical Evidence
Campaigning and Partisan Activity
Special Rules for Government Personnel
29. 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
Campaigning and Partisan Activity
Limiting Liability
Client Under a Disability
Concurrent Conflict of Interest
30. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Impropriety and the Appearance of Impropriety
Trust Account Requirements and Interest
Multijurisdictional Practice
31. If the client is a corporation - the informed consent needs to come from the entity.
Factors of reasonableness
Partnership with nonlawyers
Who is the client
Negotiating for Employment
32. 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.
Gifts
Impropriety and the Appearance of Impropriety
Firm Names and Designations
Negotiating for Employment
33. A lawyer shall not solicit a substantial gift from a client or prepare an instrument giving the lawyer one unless lawyer is related to the donor. WA disfavors a lawyer drafting an instrument where he is named trustee or personal representative when t
Candor to the Tribunal and Adverse Legal Authority
Supervisory and Subordinate Duties and Liability
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Gifts
34. 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).
Withdrawal Procedure
Accounts
Judge of Third Party Neutral
When representation is not permitted
35. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Joining a firm
Withdrawal: Mandatory
Confirmed in writing
Implied Authority
36. Judge has a duty of fair campaigning. Judge cannot make pledges or promises about how a judge will rule in a case. Judges cannot participate in partisan events except for judicial campaigns. Judges cannot personally solicit campaign donations except
Former Clients
Candor to the Tribunal and Adverse Legal Authority
Campaigning and Partisan Activity
Information relating to the representation
37. 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
Promoting Causes Related to the Administration of Justice
Sexual relations with a client
Limiting Liability
38. 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
Supervisory and Subordinate Duties and Liability
Should Report Lawyer and Judicial Misconduct
Communication
Multijurisdictional Practice
39. 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
Taking a matter up the ladder
Retainers
Solicitation in Person
Flat Fees
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
Audits and Overdrafts
Partnership with nonlawyers
Factors of reasonableness
Flat Fees
41. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Specialization and Fields of Practice
Information relating to the representation
Potential Conflicts of Interest
42. 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.
Negotiating for Employment
Proprietary Interests
Aiding Unauthorized practice/disbarred Lawyers
Accounts
43. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exception:Protect the Lawyer
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Proprietary Interests
Confidentiality Exceptions: Death or substantial Bodily Injury
44. 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.
Expediting Litigation
When representation is not permitted
Impermissible Conduct in Litigation
When Disqualification Required
45. Lawyer may represent a client if: (1) he reasonably believes he will be able to provide competent and diligent representation; (2) it is not prohibited by law; (3) he is not representing clients in the same litigation; and (4) each affected client gi
Lawyer as Witness
When representation is permitted
Financial assistance
Client Perjury
46. 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.
Should Report Lawyer and Judicial Misconduct
Organization as client
Specialization and Fields of Practice
Promoting Causes Related to the Administration of Justice
47. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Partnership with nonlawyers
Impropriety and the Appearance of Impropriety
Information gained through representation
48. 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
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
49. 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
Withdrawal: Permissive
Confidentiality Exception:Legal Advice
Firm Names and Designations
Discrimination
50. 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
Splitting fees
Impermissible Conduct in Litigation
Duty of Subordinate Lawyers
Who is the client