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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 who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Attorney Liens
Proprietary Interests
Candor to the Tribunal and Adverse Legal Authority
Gifts
2. If the client is a corporation - the informed consent needs to come from the entity.
Candor to the Tribunal and Adverse Legal Authority
Encouragement of Pro Bono
Potential Conflicts of Interest
Who is the client
3. A lawyer may reveal information relating to the representation to comply with a court order.
Meretricious and Frivolous Claims
Sexual relations with a client
Confidentiality Exception:Court order
Client property other than money
4. 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
Financial assistance
Supervisory and Subordinate Duties and Liability
Candor to the Tribunal and Adverse Legal Authority
Taking a matter up the ladder
5. 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
Confidentiality Exception:Court Fiduciary
Imputed Conflicts of interest
Potential Conflicts of Interest
Emergencies
6. 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.
Physical Evidence
Client property other than money
Proprietary Interests
Purchase of a new law practice
7. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Factors of reasonableness
Promoting Causes Related to the Administration of Justice
Disputes over flat fees
Lawyer as Witness
8. 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
Lawyer as Witness
Concurrent Conflict of Interest
Limiting Liability
Firm Names and Designations
9. 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
Specialization and Fields of Practice
Withdrawal and COI
Audits and Overdrafts
Aggregate settlements and pleas
10. 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
Special Rules for Government Personnel
Communication
Retainers
Time limits of confidentiality
11. 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
Campaigning and Partisan Activity
Impropriety and the Appearance of Impropriety
Purchase of a new law practice
Factors of reasonableness
12. 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.
Discrimination
Confidentiality Exception:Court Fiduciary
Gifts
False or Misleading Statements
13. 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.
Nonadjudicative Proceedings
Withdrawal: Mandatory
Specialization and Fields of Practice
Contingent fees
14. 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
Communication
Flat Fees
Negotiating for Employment
Attorney Liens
15. 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
Limiting Liability
Firm Names and Designations
Disputes over flat fees
16. 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
Campaigning and Partisan Activity
Time limits of confidentiality
Business transactions with a client
Solicitation in Person
17. 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.
Implied Authority
Negotiating for Employment
Information relating to the representation
Allocation of Authority between Lawyer and Client
18. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Implied Authority
Concurrent Conflict of Interest
Negotiating for Employment
Associating with Other Counsel
19. A lawyer may never use confidential information to the client's disadvantage.
Legal Knowledge and Skill
Financial assistance
Information gained through representation
When representation is permitted
20. 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.
Client Perjury
Diligence
Allocation of Authority between Lawyer and Client
Joining a firm
21. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Pay to Play Prohibited
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Imputed Conflicts of interest
Information relating to the representation
22. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Special Rules for Government Personnel
Flat Fees
Purchase of a new law practice
Protecting the Client and Unearned Fees in withdrawal
23. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Time limits of confidentiality
Impropriety and the Appearance of Impropriety
Lawyer as Witness
Informed Consent
24. 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.
Financial assistance
Effect of Lawyer's termination with a firm
Disputes over flat fees
Confidentiality Exception:Court Fiduciary
25. 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.
Withdrawal: Permissive
Firm Names and Designations
Total fee reasonable
Organization as client
26. 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
Gifts
When representation is permitted
Special Responsibilities of Prosecutors
Flat Fees
27. 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
Special Responsibilities of Prosecutors
Meretricious and Frivolous Claims
Reciprocity
28. 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.
Physical Evidence
Government service after private employment
Campaigning and Partisan Activity
Former Clients
29. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Aiding Unauthorized practice/disbarred Lawyers
In house counsel
Encouragement of Pro Bono
Financial assistance
30. 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
Special Rules for Government Personnel
Impropriety and the Appearance of Impropriety
Multijurisdictional Practice
31. 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.
Pay to Play Prohibited
General Requirement for Admission to Practice
When representation is not permitted
Payment from a third person
32. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Emergencies
Associating with Other Counsel
Government service after private employment
Physical Evidence
33. 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.
Negotiating for Employment
Duties re Property of others
Total fee reasonable
Candor to the Tribunal and Adverse Legal Authority
34. 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.
Should Report Professional Misconduct
Media rights
Use by other persons
Audits and Overdrafts
35. A lawyer had a duty to expedite litigation.
Aggregate settlements and pleas
Lawyer as Witness
Expediting Litigation
Business transactions with a client
36. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Discrimination
Physical Evidence
Confidentiality Exception:Legal Advice
Specialization and Fields of Practice
37. 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.
Confirmed in writing
Solicitation in Person
When representation is not permitted
Withdrawal: Mandatory
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
Former Clients
When Disqualification Required
Multijurisdictional Practice
Splitting fees
39. 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.
Partnership with nonlawyers
Retainers
Client Under a Disability
Non-lawyer employees
40. 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
Discrimination
Prospective Client Conflict Requirements
Campaigning and Partisan Activity
Withdrawal: Mandatory
41. Direct mailing is allowed - even targeted mailings.
Confirmed in writing
Government service after private employment
Solicitation by Direct Mail
Use by other persons
42. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Confidentiality Exception:Court Fiduciary
Special Rules for Government Personnel
General Requirement for Admission to Practice
Meretricious and Frivolous Claims
43. 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
General Requirement for Admission to Practice
Information relating to the representation
Splitting fees
When representation is permitted
44. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Associating with Other Counsel
Multijurisdictional Practice
Confidentiality Exceptions: Death or substantial Bodily Injury
Former Clients
45. 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.
General Requirement for Admission to Practice
Specialization and Fields of Practice
Former Clients
Dealing with Third Persons
46. 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.
Special Responsibilities of Prosecutors
Informed Consent
Confidentiality Exception:Legal Advice
Trial Publicity
47. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
False or Misleading Statements
Firm Names and Designations
Who is the client
Duties re Property of others
48. A lawyer shall not act as an advocate at trial in which the lawyer is likely to be a necessary witness. Another lawyer in the firm may represent the client if it is not a conflict with a current or former client.
Lawyer as Witness
Withdrawal Procedure
Prospective Client Conflict Requirements
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
49. 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.
Retainers
Diligence
Partnership with nonlawyers
Legal Knowledge and Skill
50. Judges should report actual knowledge of lawyer or judge misconduct
Client may consent to prospective client conflict
Effect of Lawyer's termination with a firm
Lawyer as Witness
Should Report Lawyer and Judicial Misconduct