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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 serving as a public official is subject to the conflict of interest rules for current and former clients.
Limiting Liability
Total fee reasonable
Information relating to the representation
Government service after private employment
2. 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
When Disqualification Required
When representation is permitted
Prospective Client Confidentiality
Client may consent to prospective client conflict
3. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Concurrent Conflict of Interest
Information gained through representation
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Court Fiduciary
4. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Multijurisdictional Practice
Proprietary Interests
Protecting the Client and Unearned Fees in withdrawal
Allocation of Authority between Lawyer and Client
5. 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.
Client may consent to prospective client conflict
Use by other persons
Imputed Conflicts of interest
Confidentiality Exception:Future Crime
6. 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).
Withdrawal Procedure
Campaigning and Partisan Activity
Business transactions with a client
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
7. 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
Lawyer's Duties
Impropriety and the Appearance of Impropriety
Contingent fees
Government service after private employment
8. 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
Flat Fees
Client Perjury
Meretricious and Frivolous Claims
Accounts
9. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Related lawyers
Multijurisdictional Practice
Information gained through representation
Duties re Property of others
10. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal and COI
Associating with Other Counsel
Government service after private employment
Special Responsibilities of Prosecutors
11. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
When representation is permitted
Should Report Professional Misconduct
Lawyer's Duties
Communication
12. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Discrimination
Physical Evidence
Flat Fees
Encouragement of Pro Bono
13. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Negotiating for Employment
Should Report Professional Misconduct
Dealing with Third Persons
Who is the client
14. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Confirmed in writing
Promoting Causes Related to the Administration of Justice
Protecting the Client and Unearned Fees in withdrawal
Emergencies
15. 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
Promoting Causes Related to the Administration of Justice
Trial Publicity
General Requirement for Admission to Practice
16. 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.
Concurrent Conflict of Interest
False or Misleading Statements
Should Report Professional Misconduct
Client Perjury
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.
Information gained through representation
Should Report Professional Misconduct
Legal Knowledge and Skill
Information relating to the representation
18. 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
Nonadjudicative Proceedings
Lawyer's Duties
Expediting Litigation
19. 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
Confidentiality Exception:Court order
Campaigning and Partisan Activity
When representation is permitted
Promoting Causes Related to the Administration of Justice
20. 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
Diligence
Meretricious and Frivolous Claims
Concurrent Conflict of Interest
21. 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
Taking a matter up the ladder
Duties re Property of others
Limiting Liability
Impropriety and the Appearance of Impropriety
22. 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.
Proprietary Interests
Accounts
Imputed Conflicts of interest
Pay to Play Prohibited
23. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Organization as client
Limiting Liability
Taking a matter up the ladder
Partnership with nonlawyers
24. 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
When Disqualification Required
Allocation of Authority between Lawyer and Client
Time limits of confidentiality
25. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Solicitation in Person
Joining a firm
Confidentiality Exceptions: Death or substantial Bodily Injury
Use by other persons
26. A lawyer may never use confidential information to the client's disadvantage.
Withdrawal: Mandatory
Information gained through representation
Withdrawal and COI
Confidentiality Exceptions: Death or substantial Bodily Injury
27. 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
Implied Authority
Joining a firm
Emergencies
Specialization and Fields of Practice
28. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Client Perjury
Disputes over flat fees
Diligence
Should Report Lawyer and Judicial Misconduct
29. 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
Allocation of Authority between Lawyer and Client
Gifts
Impermissible Conduct in Litigation
Nonadjudicative Proceedings
30. 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
Factors of reasonableness
Solicitation by Direct Mail
Time limits of confidentiality
Contingent fees
31. 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.
Campaigning and Partisan Activity
Pay to Play Prohibited
Aggregate settlements and pleas
Confidentiality Exception:Legal Advice
32. 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:Preventing - Mitigating - and rectifying crime or fraud
Negotiating for Employment
Former Clients
Confidentiality Exception:Protect the Lawyer
33. 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
Lawyer as Witness
Candor to the Tribunal and Adverse Legal Authority
Who is the client
Factors of reasonableness
34. 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
Special Responsibilities of Prosecutors
Impermissible Conduct in Litigation
Should Report Professional Misconduct
Total fee reasonable
35. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Candor to the Tribunal and Adverse Legal Authority
Information gained through representation
Firm Names and Designations
36. 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
Client property other than money
Payment from a third person
Trust Account Requirements and Interest
Retainers
37. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Supervisory and Subordinate Duties and Liability
Confirmed in writing
Attorney Liens
Protecting the Client and Unearned Fees in withdrawal
38. 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
Impropriety and the Appearance of Impropriety
Payment from a third person
False or Misleading Statements
39. 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
Trust Account Requirements and Interest
Partnership with nonlawyers
Special Rules for Government Personnel
General Requirement for Admission to Practice
40. A lawyer shall not charge or collect unreasonable fees or expenses.
Withdrawal Procedure
Gifts
Confidentiality Exceptions: Death or substantial Bodily Injury
Total fee reasonable
41. 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.
Withdrawal: Permissive
Government service after private employment
Splitting fees
Physical Evidence
42. 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
Information relating to the representation
False or Misleading Statements
Accounts
43. 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
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44. 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.
When representation is permitted
Duty of Subordinate Lawyers
Trust Account Requirements and Interest
Sexual relations with a client
45. 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.
Payment from a third person
Multijurisdictional Practice
Duty of Subordinate Lawyers
Accounts
46. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Informed Consent
Joining a firm
Client Perjury
Should Report Lawyer and Judicial Misconduct
47. 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.
False or Misleading Statements
Supervisory and Subordinate Duties and Liability
Related lawyers
Accounts
48. If the client is a corporation - the informed consent needs to come from the entity.
Withdrawal Procedure
Negotiating for Employment
Total fee reasonable
Who is the client
49. A lawyer has a duty of confidentiality and loyalty.
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50. 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
Discrimination
Confidentiality Exception:Future Crime
Former Clients
Pay to Play Prohibited
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