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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. 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
Prospective Client Conflict Requirements
Judge of Third Party Neutral
Disputes over flat fees
Withdrawal: Permissive
2. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Prospective Client Conflict Requirements
Client Perjury
When representation is not permitted
Emergencies
3. A lawyer has a duty of confidentiality and loyalty.
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4. 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
Payment from a third person
Time limits of confidentiality
Attorney Liens
Encouragement of Pro Bono
5. 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.
Information gained through representation
Duty of Subordinate Lawyers
Purchase of a new law practice
Impermissible Conduct in Litigation
6. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Joining a firm
Communication
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Related lawyers
7. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Concurrent Conflict of Interest
Meretricious and Frivolous Claims
Imputed Conflicts of interest
Prospective Client Conflict Requirements
8. 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:Legal Advice
Client property other than money
Taking a matter up the ladder
Duty of Subordinate Lawyers
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.
Confidentiality Exception:Legal Advice
Factors of reasonableness
Prospective Client Conflict Requirements
Withdrawal: Mandatory
10. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Confirmed in writing
Aiding Unauthorized practice/disbarred Lawyers
Client Perjury
11. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Confidentiality Exceptions: Death or substantial Bodily Injury
Special Responsibilities of Prosecutors
Attorney Liens
12. 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.
Client property other than money
Dealing with Third Persons
Information relating to the representation
Factors of reasonableness
13. 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.
False or Misleading Statements
Proprietary Interests
Confidentiality Exceptions: Death or substantial Bodily Injury
Organization as client
14. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
When representation is permitted
Confidentiality Exception:Court order
Splitting fees
15. 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.
Time limits of confidentiality
Payment from a third person
Client property other than money
Media rights
16. A lawyer may never use confidential information to the client's disadvantage.
Financial assistance
Information gained through representation
Business transactions with a client
Related lawyers
17. 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.
Legal Knowledge and Skill
Specialization and Fields of Practice
Confidentiality Exception:Court Fiduciary
Purchase of a new law practice
18. 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
Campaigning and Partisan Activity
Implied Authority
Withdrawal: Mandatory
Withdrawal and COI
19. A lawyer shall not charge or collect unreasonable fees or expenses.
When Disqualification Required
Client Under a Disability
Total fee reasonable
Government service after private employment
20. 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: Permissive
Specialization and Fields of Practice
Emergencies
21. 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
Joining a firm
Aiding Unauthorized practice/disbarred Lawyers
Special Responsibilities of Prosecutors
Firm Names and Designations
22. 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..
Taking a matter up the ladder
Supervisory and Subordinate Duties and Liability
Confidentiality Exception:Protect the Lawyer
Confidentiality Exceptions: Death or substantial Bodily Injury
23. 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.
Attorney Liens
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Negotiating for Employment
Proprietary Interests
24. 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
Expediting Litigation
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Who is the client
Potential Conflicts of Interest
25. 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
Contingent fees
Flat Fees
Withdrawal: Mandatory
Joining a firm
26. 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.
Specialization and Fields of Practice
Attorney Liens
Business transactions with a client
Withdrawal: Mandatory
27. 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.
Firm Names and Designations
Total fee reasonable
Negotiating for Employment
Trust Account Requirements and Interest
28. Judges should report actual knowledge of lawyer or judge misconduct
Informed Consent
Should Report Lawyer and Judicial Misconduct
Government service after private employment
Confidentiality Exception:Protect the Lawyer
29. 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.
Accounts
Promoting Causes Related to the Administration of Justice
Factors of reasonableness
Supervisory and Subordinate Duties and Liability
30. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Information relating to the representation
Disputes over flat fees
When Disqualification Required
Joining a firm
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.
Impropriety and the Appearance of Impropriety
Payment from a third person
Aiding Unauthorized practice/disbarred Lawyers
Withdrawal and COI
32. 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.
Lawyer's Duties
Withdrawal: Permissive
Sexual relations with a client
Non-lawyer employees
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
Confirmed in writing
When representation is not permitted
Audits and Overdrafts
Duty of Subordinate Lawyers
34. 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.
Related lawyers
Trust Account Requirements and Interest
Flat Fees
False or Misleading Statements
35. 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.
Confidentiality Exception:Court Fiduciary
Lawyer's Duties
Purchase of a new law practice
Audits and Overdrafts
36. 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
Contingent fees
Promoting Causes Related to the Administration of Justice
Client may consent to prospective client conflict
When Disqualification Required
37. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Gifts
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Withdrawal and COI
Informed Consent
38. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Communication
Client Perjury
Imputed Conflicts of interest
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
Potential Conflicts of Interest
Financial assistance
Joining a firm
Duties re Property of others
40. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Promoting Causes Related to the Administration of Justice
Related lawyers
Multijurisdictional Practice
Proprietary Interests
41. A lawyer may reveal information relating to the representation to comply with a court order.
Imputed Conflicts of interest
Confidentiality Exception:Legal Advice
Confidentiality Exception:Court order
In house counsel
42. If the matter is in litigation - the lawyer must obtain the tribunal's permission to withdraw. State court requires a notice of intent with a minimum of 10 days notice (effective if no objection).
Business transactions with a client
Supervisory and Subordinate Duties and Liability
Withdrawal Procedure
Confidentiality Exception:Legal Advice
43. 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.
Limiting Liability
Factors of reasonableness
Negotiating for Employment
Proprietary Interests
44. 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
Confidentiality Exception:Protect the Lawyer
Lawyer's Duties
Limiting Liability
Business transactions with a client
45. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Dealing with Third Persons
In house counsel
Implied Authority
Special Rules for Government Personnel
46. 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
Prospective Client Conflict Requirements
Related lawyers
Former Clients
47. 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
Solicitation in Person
Contingent fees
Trust Account Requirements and Interest
Total fee reasonable
48. 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.
Potential Conflicts of Interest
Trial Publicity
Aiding Unauthorized practice/disbarred Lawyers
Supervisory and Subordinate Duties and Liability
49. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Purchase of a new law practice
Aggregate settlements and pleas
Aiding Unauthorized practice/disbarred Lawyers
Sexual relations with a client
50. 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
Communication
When representation is permitted
Prospective Client Confidentiality
Limiting Liability