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 may reveal information relating to the representation to comply with a court order.
Flat Fees
Lawyer's Duties
Multijurisdictional Practice
Confidentiality Exception:Court order
2. 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
In house counsel
Organization as client
Flat Fees
Gifts
3. 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..
Trial Publicity
Confidentiality Exception:Protect the Lawyer
Audits and Overdrafts
Use by other persons
4. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Duties re Property of others
Prospective Client Conflict Requirements
Use by other persons
5. 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
Information gained through representation
Pay to Play Prohibited
Implied Authority
Duties re Property of others
6. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Expediting Litigation
Promoting Causes Related to the Administration of Justice
Joining a firm
Allocation of Authority between Lawyer and Client
7. 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
Effect of Lawyer's termination with a firm
Solicitation by Direct Mail
Withdrawal: Permissive
Joining a firm
8. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Related lawyers
Withdrawal and COI
Use by other persons
Solicitation in Person
9. 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.
Trust Account Requirements and Interest
Withdrawal: Mandatory
Effect of Lawyer's termination with a firm
Should Report Professional Misconduct
10. 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
Should Report Professional Misconduct
Confidentiality Exception:Court order
Informed Consent
11. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Legal Knowledge and Skill
Dealing with Third Persons
Lawyer as Witness
Confidentiality Exception:Future Crime
12. 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
Lawyer as Witness
Partnership with nonlawyers
Duty of Subordinate Lawyers
13. 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.
Information gained through representation
Allocation of Authority between Lawyer and Client
Accounts
Proprietary Interests
14. 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).
Withdrawal and COI
Information relating to the representation
When Disqualification Required
Special Rules for Government Personnel
15. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Client property other than money
Duty of Subordinate Lawyers
Limiting Liability
Taking a matter up the ladder
16. 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
Withdrawal Procedure
Purchase of a new law practice
Candor to the Tribunal and Adverse Legal Authority
17. 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
Aiding Unauthorized practice/disbarred Lawyers
Client property other than money
Physical Evidence
18. 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
Effect of Lawyer's termination with a firm
Concurrent Conflict of Interest
General Requirement for Admission to Practice
Taking a matter up the ladder
19. 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
Client may consent to prospective client conflict
Disputes over flat fees
Withdrawal: Permissive
Effect of Lawyer's termination with a firm
20. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Business transactions with a client
Confidentiality Exceptions: Death or substantial Bodily Injury
Audits and Overdrafts
Diligence
21. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Confidentiality Exception:Legal Advice
Emergencies
Duties re Property of others
Gifts
22. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Confirmed in writing
Related lawyers
Imputed Conflicts of interest
Sexual relations with a client
23. 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.
Client may consent to prospective client conflict
Sexual relations with a client
Reciprocity
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
24. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Information gained through representation
Encouragement of Pro Bono
Legal Knowledge and Skill
Should Report Professional Misconduct
25. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Should Report Professional Misconduct
Purchase of a new law practice
In house counsel
Solicitation by Direct Mail
26. 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.
Dealing with Third Persons
Diligence
Communication
Firm Names and Designations
27. 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
Total fee reasonable
Former Clients
Campaigning and Partisan Activity
28. 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.
Impermissible Conduct in Litigation
Withdrawal Procedure
Partnership with nonlawyers
Aiding Unauthorized practice/disbarred Lawyers
29. 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.
Aiding Unauthorized practice/disbarred Lawyers
Information relating to the representation
Confirmed in writing
Organization as client
30. 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.
Confidentiality Exception:Court Fiduciary
Should Report Professional Misconduct
Total fee reasonable
Use by other persons
31. 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
In house counsel
Encouragement of Pro Bono
Candor to the Tribunal and Adverse Legal Authority
Government service after private employment
32. 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.
Total fee reasonable
Non-lawyer employees
Contingent fees
Attorney Liens
33. 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
34. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Should Report Lawyer and Judicial Misconduct
Confidentiality Exception:Court order
Confidentiality Exception:Legal Advice
Judge of Third Party Neutral
35. 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
Duty of Subordinate Lawyers
Information gained through representation
Should Report Professional Misconduct
Aiding Unauthorized practice/disbarred Lawyers
36. 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
Purchase of a new law practice
Proprietary Interests
Use by other persons
Client Perjury
37. 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.
Lawyer as Witness
Aggregate settlements and pleas
Audits and Overdrafts
Encouragement of Pro Bono
38. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Government service after private employment
Protecting the Client and Unearned Fees in withdrawal
Encouragement of Pro Bono
Sexual relations with a client
39. 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
Potential Conflicts of Interest
Concurrent Conflict of Interest
Payment from a third person
Judge of Third Party Neutral
40. 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
Accounts
Effect of Lawyer's termination with a firm
Retainers
Related lawyers
41. 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.
Prospective Client Conflict Requirements
Negotiating for Employment
Partnership with nonlawyers
Trial Publicity
42. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Accounts
Withdrawal: Permissive
General Requirement for Admission to Practice
Communication
43. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Dealing with Third Persons
Confidentiality Exception:Legal Advice
Effect of Lawyer's termination with a firm
44. 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
Pay to Play Prohibited
Prospective Client Conflict Requirements
Nonadjudicative Proceedings
45. 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.
Confirmed in writing
Legal Knowledge and Skill
Contingent fees
Factors of reasonableness
46. 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
Confidentiality Exception:Court order
Pay to Play Prohibited
Protecting the Client and Unearned Fees in withdrawal
Prospective Client Conflict Requirements
47. 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
Expediting Litigation
Should Report Professional Misconduct
Physical Evidence
Contingent fees
48. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
False or Misleading Statements
Attorney Liens
Withdrawal and COI
Legal Knowledge and Skill
49. 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.
Multijurisdictional Practice
Diligence
Contingent fees
Should Report Lawyer and Judicial Misconduct
50. 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
Limiting Liability
Confidentiality Exception:Court order
Business transactions with a client
Confidentiality Exception:Future Crime