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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. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Communication
Information relating to the representation
Discrimination
Confirmed in writing
2. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
When representation is not permitted
Informed Consent
Confidentiality Exceptions: Death or substantial Bodily Injury
3. If the client is a corporation - the informed consent needs to come from the entity.
Media rights
Who is the client
Total fee reasonable
Promoting Causes Related to the Administration of Justice
4. 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.
Informed Consent
Confidentiality Exception:Court Fiduciary
Withdrawal: Mandatory
Discrimination
5. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Limiting Liability
Pay to Play Prohibited
When representation is permitted
Meretricious and Frivolous Claims
6. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Encouragement of Pro Bono
Retainers
Implied Authority
Impermissible Conduct in Litigation
7. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Discrimination
Firm Names and Designations
Who is the client
8. 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
Joining a firm
Implied Authority
Withdrawal: Permissive
Business transactions with a client
9. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Prospective Client Conflict Requirements
Candor to the Tribunal and Adverse Legal Authority
Communication
Special Responsibilities of Prosecutors
10. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Disputes over flat fees
Attorney Liens
Legal Knowledge and Skill
Physical Evidence
11. 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.
Sexual relations with a client
Specialization and Fields of Practice
Special Responsibilities of Prosecutors
Joining a firm
12. 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
Reciprocity
False or Misleading Statements
Audits and Overdrafts
13. 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
Withdrawal Procedure
Concurrent Conflict of Interest
Former Clients
Promoting Causes Related to the Administration of Justice
14. 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
Gifts
Encouragement of Pro Bono
When representation is permitted
Confidentiality Exception:Court Fiduciary
15. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
General Requirement for Admission to Practice
Allocation of Authority between Lawyer and Client
Firm Names and Designations
Withdrawal and COI
16. Judges should report actual knowledge of lawyer or judge misconduct
Solicitation by Direct Mail
Should Report Lawyer and Judicial Misconduct
Withdrawal: Mandatory
Informed Consent
17. 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
Duties re Property of others
Time limits of confidentiality
Related lawyers
Expediting Litigation
18. 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.
Candor to the Tribunal and Adverse Legal Authority
Client property other than money
Disputes over flat fees
Trial Publicity
19. 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
Implied Authority
When representation is not permitted
Legal Knowledge and Skill
20. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal and COI
Legal Knowledge and Skill
Encouragement of Pro Bono
Audits and Overdrafts
21. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Use by other persons
Confidentiality Exception:Court order
Communication
Dealing with Third Persons
22. 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
Information gained through representation
When Disqualification Required
Judge of Third Party Neutral
Confidentiality Exception:Court order
23. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Imputed Conflicts of interest
Contingent fees
Confidentiality Exception:Legal Advice
Concurrent Conflict of Interest
24. 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
Candor to the Tribunal and Adverse Legal Authority
Proprietary Interests
Purchase of a new law practice
Business transactions with a client
25. 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
Related lawyers
Prospective Client Conflict Requirements
Allocation of Authority between Lawyer and Client
26. 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.
Should Report Professional Misconduct
Prospective Client Confidentiality
Joining a firm
Discrimination
27. 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.
Client may consent to prospective client conflict
Protecting the Client and Unearned Fees in withdrawal
Withdrawal: Permissive
False or Misleading Statements
28. 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.
Withdrawal Procedure
Business transactions with a client
Client may consent to prospective client conflict
Payment from a third person
29. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Physical Evidence
Client may consent to prospective client conflict
Trial Publicity
When representation is permitted
30. Knowledge of physical evidence is protected by duty of confidentiality - physical possession of evidence must be preserved in the condition it was received in and turn it over while protecting the client's identity and other confidential information.
Withdrawal Procedure
Physical Evidence
Gifts
Information gained through representation
31. 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.
Withdrawal: Mandatory
Should Report Lawyer and Judicial Misconduct
Trial Publicity
Payment from a third person
32. 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
Use by other persons
Pay to Play Prohibited
Trial Publicity
Legal Knowledge and Skill
33. 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
Audits and Overdrafts
Accounts
Pay to Play Prohibited
Special Rules for Government Personnel
34. 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.
Duties re Property of others
When representation is not permitted
Business transactions with a client
Accounts
35. 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.
When representation is not permitted
Non-lawyer employees
Impermissible Conduct in Litigation
Concurrent Conflict of Interest
36. 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.
Media rights
Information relating to the representation
Legal Knowledge and Skill
Meretricious and Frivolous Claims
37. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Limiting Liability
Aggregate settlements and pleas
Nonadjudicative Proceedings
Proprietary Interests
38. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Special Responsibilities of Prosecutors
Campaigning and Partisan Activity
Reciprocity
Discrimination
39. 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
Splitting fees
Proprietary Interests
Potential Conflicts of Interest
40. 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
When representation is not permitted
Impropriety and the Appearance of Impropriety
Associating with Other Counsel
Audits and Overdrafts
41. 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.
Information relating to the representation
Withdrawal and COI
Related lawyers
Campaigning and Partisan Activity
42. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Information relating to the representation
Reciprocity
Client property other than money
43. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Solicitation by Direct Mail
Organization as client
Government service after private employment
Proprietary Interests
44. No other lawyer in the firm shall knowingly represent a person in a matter in which the lawyer is disqualified relating to former clients - unless: lawyer is screened and gets no part of fee - former client gets notice of conflict - firm demonstrates
Meretricious and Frivolous Claims
Negotiating for Employment
Joining a firm
Audits and Overdrafts
45. 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.
Judge of Third Party Neutral
Diligence
Discrimination
Special Responsibilities of Prosecutors
46. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Contingent fees
Accounts
Prospective Client Confidentiality
47. In person solicitation is generally prohibited unless there is a pre-existing relationship.
In house counsel
Solicitation in Person
Pay to Play Prohibited
Solicitation by Direct Mail
48. 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
Implied Authority
When representation is permitted
Splitting fees
Candor to the Tribunal and Adverse Legal Authority
49. 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.
Negotiating for Employment
Candor to the Tribunal and Adverse Legal Authority
Use by other persons
Former Clients
50. 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
Withdrawal and COI
Payment from a third person
Effect of Lawyer's termination with a firm
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud