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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. 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
When Disqualification Required
Media rights
Joining a firm
2. 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
Sexual relations with a client
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Trust Account Requirements and Interest
Negotiating for Employment
3. 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
Allocation of Authority between Lawyer and Client
Should Report Professional Misconduct
Trust Account Requirements and Interest
4. 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.
Taking a matter up the ladder
Lawyer as Witness
Factors of reasonableness
General Requirement for Admission to Practice
5. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Solicitation by Direct Mail
Use by other persons
When Disqualification Required
6. 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
Solicitation in Person
Duties re Property of others
Government service after private employment
7. 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
Use by other persons
Media rights
Factors of reasonableness
Flat Fees
8. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Reciprocity
Dealing with Third Persons
False or Misleading Statements
Business transactions with a client
9. 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.
Diligence
Proprietary Interests
Splitting fees
Implied Authority
10. 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
Expediting Litigation
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Gifts
Associating with Other Counsel
11. 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
Lawyer's Duties
Concurrent Conflict of Interest
Business transactions with a client
12. 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
Use by other persons
Confirmed in writing
Partnership with nonlawyers
13. 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
Business transactions with a client
Partnership with nonlawyers
Diligence
Factors of reasonableness
14. A lawyer had a duty to expedite litigation.
Allocation of Authority between Lawyer and Client
Information relating to the representation
Expediting Litigation
Payment from a third person
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.
Aggregate settlements and pleas
Campaigning and Partisan Activity
Media rights
Prospective Client Confidentiality
16. 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
Accounts
Concurrent Conflict of Interest
Business transactions with a client
Financial assistance
17. 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
Information gained through representation
Client Perjury
When Disqualification Required
Payment from a third person
18. 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.
Related lawyers
Withdrawal and COI
Flat Fees
Judge of Third Party Neutral
19. 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 may consent to prospective client conflict
Retainers
Client property other than money
Information relating to the representation
20. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Accounts
Client may consent to prospective client conflict
Emergencies
Attorney Liens
21. 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
Withdrawal: Mandatory
Prospective Client Conflict Requirements
Retainers
Multijurisdictional Practice
22. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Former Clients
Impropriety and the Appearance of Impropriety
Confirmed in writing
Confidentiality Exceptions: Death or substantial Bodily Injury
23. 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
In house counsel
When representation is permitted
Impropriety and the Appearance of Impropriety
Negotiating for Employment
24. 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.
Duty of Subordinate Lawyers
Sexual relations with a client
Physical Evidence
Withdrawal Procedure
25. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
In house counsel
Special Rules for Government Personnel
Confidentiality Exceptions: Death or substantial Bodily Injury
Confirmed in writing
26. 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).
Payment from a third person
Organization as client
Withdrawal Procedure
False or Misleading Statements
27. 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).
Concurrent Conflict of Interest
Special Rules for Government Personnel
Confidentiality Exception:Legal Advice
Meretricious and Frivolous Claims
28. 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
Specialization and Fields of Practice
Duty of Subordinate Lawyers
Use by other persons
29. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Confidentiality Exception:Court order
Supervisory and Subordinate Duties and Liability
Audits and Overdrafts
Prospective Client Confidentiality
30. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Promoting Causes Related to the Administration of Justice
Meretricious and Frivolous Claims
Withdrawal: Mandatory
Aggregate settlements and pleas
31. 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
Meretricious and Frivolous Claims
Information gained through representation
Retainers
Client Perjury
32. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Concurrent Conflict of Interest
Supervisory and Subordinate Duties and Liability
Nonadjudicative Proceedings
Duties re Property of others
33. Judges should report actual knowledge of lawyer or judge misconduct
When representation is permitted
Factors of reasonableness
Joining a firm
Should Report Lawyer and Judicial Misconduct
34. 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
Should Report Lawyer and Judicial Misconduct
Meretricious and Frivolous Claims
Media rights
35. 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
Withdrawal: Mandatory
Should Report Professional Misconduct
36. 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.
Dealing with Third Persons
Withdrawal: Mandatory
Duty of Subordinate Lawyers
When representation is permitted
37. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Reciprocity
Confidentiality Exception:Future Crime
Limiting Liability
Confidentiality Exception:Protect the Lawyer
38. Direct mailing is allowed - even targeted mailings.
Factors of reasonableness
Confirmed in writing
Discrimination
Solicitation by Direct Mail
39. 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.
Legal Knowledge and Skill
Concurrent Conflict of Interest
Aggregate settlements and pleas
Confidentiality Exception:Future Crime
40. 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
Taking a matter up the ladder
Should Report Professional Misconduct
In house counsel
Concurrent Conflict of Interest
41. 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
Audits and Overdrafts
Client may consent to prospective client conflict
Solicitation by Direct Mail
Purchase of a new law practice
42. 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.
Physical Evidence
Specialization and Fields of Practice
Time limits of confidentiality
Accounts
43. 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.
Financial assistance
Expediting Litigation
False or Misleading Statements
Joining a firm
44. 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
Should Report Professional Misconduct
Gifts
Dealing with Third Persons
45. 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
Impermissible Conduct in Litigation
Splitting fees
Payment from a third person
Meretricious and Frivolous Claims
46. 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
Time limits of confidentiality
Campaigning and Partisan Activity
Expediting Litigation
Lawyer's Duties
47. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Disputes over flat fees
Should Report Professional Misconduct
Promoting Causes Related to the Administration of Justice
Confidentiality Exception:Protect the Lawyer
48. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Specialization and Fields of Practice
Campaigning and Partisan Activity
Financial assistance
Effect of Lawyer's termination with a firm
49. 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..
Prospective Client Conflict Requirements
Non-lawyer employees
Solicitation in Person
Confidentiality Exception:Protect the Lawyer
50. 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.
Physical Evidence
Government service after private employment
Client Under a Disability
Solicitation by Direct Mail
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