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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. 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).
Specialization and Fields of Practice
Diligence
Withdrawal Procedure
Time limits of confidentiality
2. 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
Organization as client
Candor to the Tribunal and Adverse Legal Authority
Partnership with nonlawyers
Use by other persons
3. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Confidentiality Exception:Protect the Lawyer
Withdrawal: Permissive
Withdrawal and COI
Informed Consent
4. 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
Confidentiality Exception:Legal Advice
Factors of reasonableness
Concurrent Conflict of Interest
Client Perjury
5. 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
Limiting Liability
Media rights
Effect of Lawyer's termination with a firm
Client Perjury
6. 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
Imputed Conflicts of interest
Duties re Property of others
When Disqualification Required
7. 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
Nonadjudicative Proceedings
General Requirement for Admission to Practice
Time limits of confidentiality
Trial Publicity
8. 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.
Non-lawyer employees
Encouragement of Pro Bono
Candor to the Tribunal and Adverse Legal Authority
Proprietary Interests
9. 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
Lawyer as Witness
Information gained through representation
Solicitation by Direct Mail
Factors of reasonableness
10. 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
Flat Fees
Partnership with nonlawyers
Imputed Conflicts of interest
Judge of Third Party Neutral
11. 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
12. If the client is a corporation - the informed consent needs to come from the entity.
Concurrent Conflict of Interest
Payment from a third person
Who is the client
Expediting Litigation
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.
Accounts
Information relating to the representation
Supervisory and Subordinate Duties and Liability
Aggregate settlements and pleas
14. 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.
Dealing with Third Persons
Should Report Lawyer and Judicial Misconduct
Special Responsibilities of Prosecutors
Discrimination
15. 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.
Confidentiality Exception:Future Crime
Audits and Overdrafts
Non-lawyer employees
Negotiating for Employment
16. 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:Court Fiduciary
Sexual relations with a client
Taking a matter up the ladder
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
17. 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
Retainers
Imputed Conflicts of interest
When representation is permitted
Joining a firm
18. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Supervisory and Subordinate Duties and Liability
Imputed Conflicts of interest
Prospective Client Conflict Requirements
Dealing with Third Persons
19. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Non-lawyer employees
Implied Authority
Purchase of a new law practice
Withdrawal Procedure
20. 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
Duty of Subordinate Lawyers
Aiding Unauthorized practice/disbarred Lawyers
Use by other persons
21. 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
Prospective Client Confidentiality
Implied Authority
Impropriety and the Appearance of Impropriety
22. 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
Pay to Play Prohibited
Legal Knowledge and Skill
Sexual relations with a client
Encouragement of Pro Bono
23. 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.
Withdrawal: Mandatory
Prospective Client Confidentiality
Should Report Lawyer and Judicial Misconduct
Former Clients
24. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Candor to the Tribunal and Adverse Legal Authority
Should Report Lawyer and Judicial Misconduct
Impropriety and the Appearance of Impropriety
25. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Withdrawal and COI
Associating with Other Counsel
Confidentiality Exception:Legal Advice
Withdrawal Procedure
26. 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.
Withdrawal Procedure
Former Clients
Related lawyers
Confirmed in writing
27. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Client may consent to prospective client conflict
Confidentiality Exception:Court order
Promoting Causes Related to the Administration of Justice
Informed Consent
28. 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..
Confidentiality Exception:Legal Advice
Confidentiality Exception:Protect the Lawyer
Gifts
Protecting the Client and Unearned Fees in withdrawal
29. A lawyer has a duty of confidentiality and loyalty.
30. 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.
Emergencies
When Disqualification Required
Payment from a third person
Non-lawyer employees
31. 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
Confidentiality Exception:Court Fiduciary
Potential Conflicts of Interest
Total fee reasonable
32. 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.
Factors of reasonableness
Informed Consent
Aggregate settlements and pleas
Confidentiality Exceptions: Death or substantial Bodily Injury
33. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Aggregate settlements and pleas
General Requirement for Admission to Practice
Legal Knowledge and Skill
34. 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
Pay to Play Prohibited
Aggregate settlements and pleas
Client may consent to prospective client conflict
35. 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
Use by other persons
Effect of Lawyer's termination with a firm
Judge of Third Party Neutral
Protecting the Client and Unearned Fees in withdrawal
36. 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
General Requirement for Admission to Practice
Flat Fees
Who is the client
Potential Conflicts of Interest
37. 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).
Imputed Conflicts of interest
Special Rules for Government Personnel
General Requirement for Admission to Practice
Protecting the Client and Unearned Fees in withdrawal
38. 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
Organization as client
Disputes over flat fees
False or Misleading Statements
39. 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 relating to the representation
Sexual relations with a client
Impermissible Conduct in Litigation
Communication
40. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Client Under a Disability
Trust Account Requirements and Interest
Should Report Professional Misconduct
41. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Discrimination
Duties re Property of others
Attorney Liens
42. A lawyer had a duty to expedite litigation.
Emergencies
Expediting Litigation
Purchase of a new law practice
Effect of Lawyer's termination with a firm
43. 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
In house counsel
Financial assistance
Confidentiality Exceptions: Death or substantial Bodily Injury
44. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Encouragement of Pro Bono
Trial Publicity
Prospective Client Confidentiality
Limiting Liability
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.
Solicitation in Person
Effect of Lawyer's termination with a firm
Time limits of confidentiality
Former Clients
46. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Pay to Play Prohibited
Government service after private employment
Meretricious and Frivolous Claims
47. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Attorney Liens
Time limits of confidentiality
False or Misleading Statements
48. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Solicitation in Person
Purchase of a new law practice
Communication
Meretricious and Frivolous Claims
49. 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
Effect of Lawyer's termination with a firm
Audits and Overdrafts
Encouragement of Pro Bono
Client Perjury
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
Encouragement of Pro Bono
When representation is permitted
Dealing with Third Persons
Physical Evidence