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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 lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Client may consent to prospective client conflict
Financial assistance
Informed Consent
Encouragement of Pro Bono
2. 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
Withdrawal: Mandatory
Pay to Play Prohibited
Should Report Lawyer and Judicial Misconduct
Dealing with Third Persons
3. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exceptions: Death or substantial Bodily Injury
Limiting Liability
Proprietary Interests
Sexual relations with a client
4. 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.
Trial Publicity
Discrimination
Organization as client
Former Clients
5. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
In house counsel
Should Report Professional Misconduct
Discrimination
Aggregate settlements and pleas
6. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Trial Publicity
Encouragement of Pro Bono
Dealing with Third Persons
Proprietary Interests
7. 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
When representation is permitted
Retainers
Impermissible Conduct in Litigation
Duty of Subordinate Lawyers
8. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Protecting the Client and Unearned Fees in withdrawal
Imputed Conflicts of interest
Nonadjudicative Proceedings
Organization as client
9. 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.
Attorney Liens
When Disqualification Required
Aggregate settlements and pleas
Contingent fees
10. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Duties re Property of others
Organization as client
Government service after private employment
Withdrawal: Mandatory
11. 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
False or Misleading Statements
Client Perjury
Negotiating for Employment
12. 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
Specialization and Fields of Practice
Protecting the Client and Unearned Fees in withdrawal
Client Perjury
13. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Implied Authority
Accounts
Imputed Conflicts of interest
Allocation of Authority between Lawyer and Client
14. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Accounts
Use by other persons
Protecting the Client and Unearned Fees in withdrawal
Audits and Overdrafts
15. 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
Dealing with Third Persons
False or Misleading Statements
Concurrent Conflict of Interest
Supervisory and Subordinate Duties and Liability
16. 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.
Emergencies
Diligence
Financial assistance
Media rights
17. 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
Impropriety and the Appearance of Impropriety
Purchase of a new law practice
Client Perjury
18. 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.
Impropriety and the Appearance of Impropriety
Discrimination
Communication
Reciprocity
19. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Diligence
Should Report Lawyer and Judicial Misconduct
When representation is permitted
Limiting Liability
20. A lawyer may reveal information relating to the representation to comply with a court order.
Lawyer as Witness
Confidentiality Exception:Court order
Should Report Lawyer and Judicial Misconduct
Confidentiality Exception:Court Fiduciary
21. 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
Imputed Conflicts of interest
Withdrawal Procedure
Attorney Liens
22. 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
Confidentiality Exception:Court order
Time limits of confidentiality
Firm Names and Designations
Judge of Third Party Neutral
23. In person solicitation is generally prohibited unless there is a pre-existing relationship.
False or Misleading Statements
Solicitation in Person
Retainers
Implied Authority
24. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Business transactions with a client
Payment from a third person
Attorney Liens
25. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Nonadjudicative Proceedings
Candor to the Tribunal and Adverse Legal Authority
Limiting Liability
Aiding Unauthorized practice/disbarred Lawyers
26. 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
Should Report Professional Misconduct
Implied Authority
Promoting Causes Related to the Administration of Justice
Potential Conflicts of Interest
27. 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.
Splitting fees
Discrimination
Organization as client
Informed Consent
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).
Withdrawal: Mandatory
Client may consent to prospective client conflict
Special Rules for Government Personnel
Legal Knowledge and Skill
29. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Government service after private employment
Potential Conflicts of Interest
Negotiating for Employment
Withdrawal: Mandatory
30. 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
Prospective Client Conflict Requirements
Specialization and Fields of Practice
Withdrawal Procedure
Prospective Client Confidentiality
31. 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
Information gained through representation
Expediting Litigation
Splitting fees
Media rights
32. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Purchase of a new law practice
Prospective Client Confidentiality
Emergencies
Business transactions with a client
33. 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
Encouragement of Pro Bono
Gifts
Pay to Play Prohibited
Withdrawal: Permissive
34. A lawyer may never use confidential information to the client's disadvantage.
Meretricious and Frivolous Claims
General Requirement for Admission to Practice
Information gained through representation
Confidentiality Exceptions: Death or substantial Bodily Injury
35. A lawyer had a duty to expedite litigation.
Expediting Litigation
Diligence
Protecting the Client and Unearned Fees in withdrawal
Withdrawal Procedure
36. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Diligence
Gifts
Promoting Causes Related to the Administration of Justice
Payment from a third person
37. 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..
When representation is not permitted
Aiding Unauthorized practice/disbarred Lawyers
Organization as client
Confidentiality Exception:Protect the Lawyer
38. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Potential Conflicts of Interest
Aggregate settlements and pleas
Meretricious and Frivolous Claims
Implied Authority
39. 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
Joining a firm
Media rights
Confidentiality Exception:Protect the Lawyer
Negotiating for Employment
40. A lawyer has a duty of confidentiality and loyalty.
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41. 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
Confidentiality Exception:Protect the Lawyer
Concurrent Conflict of Interest
Taking a matter up the ladder
Judge of Third Party Neutral
42. 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
Special Responsibilities of Prosecutors
Confidentiality Exception:Legal Advice
Judge of Third Party Neutral
Allocation of Authority between Lawyer and Client
43. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Legal Knowledge and Skill
Associating with Other Counsel
Potential Conflicts of Interest
Prospective Client Confidentiality
44. 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.
When representation is not permitted
Payment from a third person
Information relating to the representation
Concurrent Conflict of Interest
45. 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
Informed Consent
Solicitation by Direct Mail
Partnership with nonlawyers
Supervisory and Subordinate Duties and Liability
46. 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.
Related lawyers
Aiding Unauthorized practice/disbarred Lawyers
Confirmed in writing
Withdrawal Procedure
47. 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
Diligence
Flat Fees
Impermissible Conduct in Litigation
Withdrawal: Permissive
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.
Confidentiality Exception:Court Fiduciary
Information gained through representation
Imputed Conflicts of interest
Attorney Liens
49. Judges should report actual knowledge of lawyer or judge misconduct
Diligence
Allocation of Authority between Lawyer and Client
Should Report Lawyer and Judicial Misconduct
Financial assistance
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
Expediting Litigation
Use by other persons
Proprietary Interests
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud