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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. 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
Audits and Overdrafts
Client Perjury
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
2. If the conflict is not adverse but could become so - factors are the possibility or likelihood the conflict will occur and whether the representation would be materially limited because of the lawyer's other responsibilities. A lawyer must obtain wri
Business transactions with a client
Concurrent Conflict of Interest
Potential Conflicts of Interest
Client Under a Disability
3. 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 Procedure
Confidentiality Exception:Court Fiduciary
Related lawyers
Factors of reasonableness
4. 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.
Who is the client
Legal Knowledge and Skill
Supervisory and Subordinate Duties and Liability
Duties re Property of others
5. 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
Confidentiality Exception:Protect the Lawyer
Effect of Lawyer's termination with a firm
Expediting Litigation
6. 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
Candor to the Tribunal and Adverse Legal Authority
Gifts
Duties re Property of others
Time limits of confidentiality
7. 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.
Impropriety and the Appearance of Impropriety
Diligence
Prospective Client Conflict Requirements
Audits and Overdrafts
8. 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.
Gifts
Accounts
Trial Publicity
Client Under a Disability
9. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Communication
Lawyer's Duties
Solicitation by Direct Mail
Disputes over flat fees
10. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Promoting Causes Related to the Administration of Justice
Encouragement of Pro Bono
Imputed Conflicts of interest
Proprietary Interests
11. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Campaigning and Partisan Activity
Encouragement of Pro Bono
Who is the client
12. 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
Pay to Play Prohibited
Informed Consent
Should Report Professional Misconduct
Client property other than money
13. 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.
General Requirement for Admission to Practice
Government service after private employment
Negotiating for Employment
Duties re Property of others
14. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Proprietary Interests
Confidentiality Exceptions: Death or substantial Bodily Injury
Partnership with nonlawyers
Imputed Conflicts of interest
15. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Campaigning and Partisan Activity
Duties re Property of others
In house counsel
Partnership with nonlawyers
16. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Splitting fees
Dealing with Third Persons
Confidentiality Exception:Legal Advice
Multijurisdictional Practice
17. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Splitting fees
Reciprocity
Gifts
Confidentiality Exception:Legal Advice
18. 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
Effect of Lawyer's termination with a firm
Multijurisdictional Practice
Partnership with nonlawyers
Aggregate settlements and pleas
19. A lawyer may reveal information relating to the representation to comply with a court order.
General Requirement for Admission to Practice
When representation is not permitted
Gifts
Confidentiality Exception:Court order
20. 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.
Proprietary Interests
When representation is not permitted
Sexual relations with a client
Confidentiality Exceptions: Death or substantial Bodily Injury
21. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Withdrawal and COI
Prospective Client Confidentiality
Aiding Unauthorized practice/disbarred Lawyers
Judge of Third Party Neutral
22. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Contingent fees
Allocation of Authority between Lawyer and Client
Imputed Conflicts of interest
Informed Consent
23. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Negotiating for Employment
Nonadjudicative Proceedings
Gifts
Confidentiality Exception:Legal Advice
24. The lawyer must maintain as reasonable possible a normal attorney client relationship. If the lawyer believes the client cannot act in his own interest - the lawyer may seek to have a guardian appointed.
Confirmed in writing
Special Rules for Government Personnel
Diligence
Client Under a Disability
25. 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
Partnership with nonlawyers
When representation is permitted
Withdrawal: Permissive
Related lawyers
26. 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
Joining a firm
Former Clients
Prospective Client Conflict Requirements
Negotiating for Employment
27. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Protecting the Client and Unearned Fees in withdrawal
Use by other persons
Attorney Liens
28. 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
Special Rules for Government Personnel
Duty of Subordinate Lawyers
Time limits of confidentiality
Factors of reasonableness
29. A lawyer cannot commit a discriminatory act prohibited by law where the act is committed in connection with the lawyer's professional activities. If the discrimination is prohibited anywhere in WA - lawyer has a duty to not discriminate.
General Requirement for Admission to Practice
Discrimination
Lawyer's Duties
Effect of Lawyer's termination with a firm
30. 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.
Allocation of Authority between Lawyer and Client
When Disqualification Required
Business transactions with a client
Proprietary Interests
31. 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.
Implied Authority
Nonadjudicative Proceedings
Imputed Conflicts of interest
Impermissible Conduct in Litigation
32. 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
Withdrawal: Permissive
Confidentiality Exception:Protect the Lawyer
Information gained through representation
Special Responsibilities of Prosecutors
33. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Confidentiality Exception:Legal Advice
Legal Knowledge and Skill
When representation is not permitted
34. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Aggregate settlements and pleas
Withdrawal Procedure
35. 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.
False or Misleading Statements
Solicitation by Direct Mail
Client may consent to prospective client conflict
Limiting Liability
36. 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
Special Responsibilities of Prosecutors
Concurrent Conflict of Interest
Nonadjudicative Proceedings
Implied Authority
37. The duty of nondisclosure covers the period prior to and subsequent to the creation of the lawyer-client relationship. After representation - a lawyer shall not use confidential information to the detriment of a former client or for the lawyer's own
Confirmed in writing
Physical Evidence
Who is the client
Time limits of confidentiality
38. A flat fee is a charge by the lawyer which constitutes complete payment for specified legal services. Flat fee agreements must be in writing and include: scope of services to be provided; total amount of fee and terms of payment; fee is the lawyer's
Encouragement of Pro Bono
Organization as client
Flat Fees
Potential Conflicts of Interest
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.
Judge of Third Party Neutral
Client property other than money
Firm Names and Designations
Media rights
40. 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.
Joining a firm
Protecting the Client and Unearned Fees in withdrawal
Information relating to the representation
Communication
41. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Confidentiality Exception:Court Fiduciary
Promoting Causes Related to the Administration of Justice
Judge of Third Party Neutral
Withdrawal Procedure
42. 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.
Special Rules for Government Personnel
Government service after private employment
Negotiating for Employment
Aggregate settlements and pleas
43. Direct mailing is allowed - even targeted mailings.
Legal Knowledge and Skill
Purchase of a new law practice
Solicitation by Direct Mail
Impropriety and the Appearance of Impropriety
44. 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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45. 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).
Purchase of a new law practice
Special Rules for Government Personnel
Lawyer's Duties
Attorney Liens
46. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Non-lawyer employees
Physical Evidence
Impropriety and the Appearance of Impropriety
Allocation of Authority between Lawyer and Client
47. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Impermissible Conduct in Litigation
Reciprocity
Limiting Liability
Encouragement of Pro Bono
48. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Partnership with nonlawyers
Withdrawal Procedure
Client Under a Disability
49. 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.
Informed Consent
Confidentiality Exception:Legal Advice
Payment from a third person
Campaigning and Partisan Activity
50. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Limiting Liability
Lawyer as Witness
Sexual relations with a client
Judge of Third Party Neutral