SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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 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
Withdrawal and COI
Use by other persons
Implied Authority
2. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Payment from a third person
Financial assistance
Client property other than money
Time limits of confidentiality
3. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Impropriety and the Appearance of Impropriety
Former Clients
Confidentiality Exception:Future Crime
Impermissible Conduct in Litigation
4. 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
Confirmed in writing
Total fee reasonable
Withdrawal and COI
5. 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.
Special Rules for Government Personnel
Financial assistance
Media rights
Imputed Conflicts of interest
6. 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.
Potential Conflicts of Interest
Withdrawal: Mandatory
Imputed Conflicts of interest
Media rights
7. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Aiding Unauthorized practice/disbarred Lawyers
Pay to Play Prohibited
When Disqualification Required
8. Judges should report actual knowledge of lawyer or judge misconduct
General Requirement for Admission to Practice
Should Report Lawyer and Judicial Misconduct
Payment from a third person
Special Responsibilities of Prosecutors
9. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Solicitation by Direct Mail
Confidentiality Exception:Legal Advice
Campaigning and Partisan Activity
In house counsel
10. To be admitted to practice in WA - you must: be a graduate of an ABA approved law school - complete the WSBA clerkship program - or through reciprocity AND be of good moral character.
Solicitation by Direct Mail
Information relating to the representation
Informed Consent
General Requirement for Admission to Practice
11. 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
Withdrawal: Mandatory
Nonadjudicative Proceedings
Gifts
Meretricious and Frivolous Claims
12. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Lawyer as Witness
Duties re Property of others
Prospective Client Confidentiality
Client Under a Disability
13. 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 Exceptions: Death or substantial Bodily Injury
Audits and Overdrafts
Associating with Other Counsel
Confidentiality Exception:Court Fiduciary
14. 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
Contingent fees
Confidentiality Exception:Future Crime
Factors of reasonableness
Impropriety and the Appearance of Impropriety
15. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Confirmed in writing
Dealing with Third Persons
Physical Evidence
16. 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).
Lawyer's Duties
Meretricious and Frivolous Claims
Special Rules for Government Personnel
Media rights
17. A lawyer may never use confidential information to the client's disadvantage.
Multijurisdictional Practice
Financial assistance
Information gained through representation
Confidentiality Exception:Protect the Lawyer
18. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exceptions: Death or substantial Bodily Injury
Withdrawal Procedure
Meretricious and Frivolous Claims
Protecting the Client and Unearned Fees in withdrawal
19. 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
Negotiating for Employment
Lawyer as Witness
Solicitation in Person
Potential Conflicts of Interest
20. 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.
When representation is permitted
Should Report Professional Misconduct
Impermissible Conduct in Litigation
Aiding Unauthorized practice/disbarred Lawyers
21. 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 Exceptions: Death or substantial Bodily Injury
Negotiating for Employment
Prospective Client Conflict Requirements
Discrimination
22. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Protecting the Client and Unearned Fees in withdrawal
Negotiating for Employment
Information gained through representation
Allocation of Authority between Lawyer and Client
23. 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
Lawyer as Witness
Client Perjury
Accounts
Should Report Professional Misconduct
24. 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.
When representation is not permitted
Client Under a Disability
False or Misleading Statements
Confidentiality Exception:Protect the Lawyer
25. 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.
Confidentiality Exceptions: Death or substantial Bodily Injury
Withdrawal: Permissive
Use by other persons
Confidentiality Exception:Protect the Lawyer
26. 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
Gifts
Attorney Liens
Emergencies
27. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Allocation of Authority between Lawyer and Client
Lawyer as Witness
Communication
Non-lawyer employees
28. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Duties re Property of others
Information relating to the representation
Dealing with Third Persons
Promoting Causes Related to the Administration of Justice
29. 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
Former Clients
Should Report Lawyer and Judicial Misconduct
Concurrent Conflict of Interest
30. 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.
Government service after private employment
Concurrent Conflict of Interest
Related lawyers
Client property other than money
31. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Allocation of Authority between Lawyer and Client
Who is the client
Trial Publicity
Nonadjudicative Proceedings
32. 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.
Withdrawal and COI
Firm Names and Designations
Sexual relations with a client
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
33. 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.
Trial Publicity
Encouragement of Pro Bono
Joining a firm
Meretricious and Frivolous Claims
34. 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.
Information gained through representation
Client Under a Disability
Joining a firm
Implied Authority
35. Direct mailing is allowed - even targeted mailings.
Withdrawal: Permissive
Confidentiality Exception:Legal Advice
Solicitation in Person
Solicitation by Direct Mail
36. 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
Physical Evidence
Client may consent to prospective client conflict
Joining a firm
Prospective Client Conflict Requirements
37. 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
Physical Evidence
Prospective Client Conflict Requirements
Implied Authority
Promoting Causes Related to the Administration of Justice
38. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Implied Authority
Client may consent to prospective client conflict
In house counsel
When representation is not permitted
39. 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
Concurrent Conflict of Interest
Time limits of confidentiality
Media rights
Aiding Unauthorized practice/disbarred Lawyers
40. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Expediting Litigation
Prospective Client Confidentiality
Audits and Overdrafts
41. 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
Dealing with Third Persons
Purchase of a new law practice
Audits and Overdrafts
42. If the client is a corporation - the informed consent needs to come from the entity.
Solicitation in Person
Factors of reasonableness
Financial assistance
Who is the client
43. A lawyer had a duty to expedite litigation.
Duty of Subordinate Lawyers
Media rights
Expediting Litigation
Client Perjury
44. 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.
When representation is not permitted
Judge of Third Party Neutral
Client Perjury
Confidentiality Exception:Future Crime
45. 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
Allocation of Authority between Lawyer and Client
Client may consent to prospective client conflict
Partnership with nonlawyers
Campaigning and Partisan Activity
46. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Confidentiality Exception:Future Crime
Who is the client
Diligence
47. 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
Special Responsibilities of Prosecutors
Impropriety and the Appearance of Impropriety
Candor to the Tribunal and Adverse Legal Authority
48. 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.
Confidentiality Exception:Protect the Lawyer
Sexual relations with a client
Meretricious and Frivolous Claims
Accounts
49. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Former Clients
Pay to Play Prohibited
Information gained through representation
50. 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
Supervisory and Subordinate Duties and Liability
Should Report Professional Misconduct
Attorney Liens
Trust Account Requirements and Interest