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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. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Flat Fees
Imputed Conflicts of interest
Concurrent Conflict of Interest
Withdrawal: Mandatory
2. 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
Reciprocity
Dealing with Third Persons
Multijurisdictional Practice
Impermissible Conduct in Litigation
3. 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
Legal Knowledge and Skill
Payment from a third person
Client property other than money
Audits and Overdrafts
4. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Trial Publicity
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Implied Authority
Limiting Liability
5. 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
Supervisory and Subordinate Duties and Liability
Impermissible Conduct in Litigation
Joining a firm
6. Judges should report actual knowledge of lawyer or judge misconduct
Communication
Should Report Lawyer and Judicial Misconduct
Confidentiality Exceptions: Death or substantial Bodily Injury
Emergencies
7. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Physical Evidence
Financial assistance
Withdrawal and COI
Campaigning and Partisan Activity
8. 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.
Non-lawyer employees
Aiding Unauthorized practice/disbarred Lawyers
Candor to the Tribunal and Adverse Legal Authority
In house counsel
9. 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
When representation is not permitted
Attorney Liens
Gifts
Trust Account Requirements and Interest
10. A lawyer may never use confidential information to the client's disadvantage.
When Disqualification Required
Discrimination
Imputed Conflicts of interest
Information gained through representation
11. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Pay to Play Prohibited
Withdrawal and COI
Confirmed in writing
Confidentiality Exception:Future Crime
12. 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
Confirmed in writing
Taking a matter up the ladder
Allocation of Authority between Lawyer and Client
13. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
When representation is permitted
Special Rules for Government Personnel
Disputes over flat fees
Solicitation by Direct Mail
14. 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.
Candor to the Tribunal and Adverse Legal Authority
Associating with Other Counsel
Organization as client
Implied Authority
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.
Confidentiality Exception:Legal Advice
Media rights
Retainers
Confidentiality Exception:Future Crime
16. 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.
Withdrawal: Mandatory
Taking a matter up the ladder
When Disqualification Required
Trial Publicity
17. 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
18. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Allocation of Authority between Lawyer and Client
Impropriety and the Appearance of Impropriety
Withdrawal: Permissive
Dealing with Third Persons
19. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Disputes over flat fees
Withdrawal and COI
Effect of Lawyer's termination with a firm
20. 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.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Proprietary Interests
Client Under a Disability
Client may consent to prospective client conflict
21. 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
Total fee reasonable
Client Perjury
Splitting fees
Time limits of confidentiality
22. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Use by other persons
Protecting the Client and Unearned Fees in withdrawal
Should Report Professional Misconduct
Client may consent to prospective client conflict
23. 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
Pay to Play Prohibited
Legal Knowledge and Skill
Confidentiality Exception:Court order
Business transactions with a client
24. 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
Negotiating for Employment
Taking a matter up the ladder
Emergencies
Limiting Liability
25. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
In house counsel
Total fee reasonable
Legal Knowledge and Skill
Withdrawal: Mandatory
26. 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.
Withdrawal: Mandatory
Solicitation by Direct Mail
When representation is not permitted
Duty of Subordinate Lawyers
27. 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
Impermissible Conduct in Litigation
Former Clients
Impropriety and the Appearance of Impropriety
Client Perjury
28. 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.
Sexual relations with a client
Informed Consent
Former Clients
Special Responsibilities of Prosecutors
29. 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
Associating with Other Counsel
Client property other than money
Time limits of confidentiality
30. 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.
Former Clients
Sexual relations with a client
Duty of Subordinate Lawyers
Should Report Lawyer and Judicial Misconduct
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.
When representation is not permitted
Confidentiality Exception:Court Fiduciary
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
32. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Associating with Other Counsel
Confidentiality Exception:Legal Advice
Aiding Unauthorized practice/disbarred Lawyers
Duty of Subordinate Lawyers
33. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Non-lawyer employees
Flat Fees
Communication
Specialization and Fields of Practice
34. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Client may consent to prospective client conflict
Reciprocity
Related lawyers
Trial Publicity
35. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Allocation of Authority between Lawyer and Client
Informed Consent
When Disqualification Required
Campaigning and Partisan Activity
36. Lawyer may withdraw when: there is no material adverse affect on the client's interests; client persists in criminal or fraudulent conduct involving the lawyer's services; lawyer's services were used to perpetrate a crime or fraud; lawyer considers t
Gifts
Client Perjury
When representation is permitted
Withdrawal: Permissive
37. 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
Sexual relations with a client
Use by other persons
Withdrawal and COI
Supervisory and Subordinate Duties and Liability
38. 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
In house counsel
Withdrawal and COI
Solicitation in Person
Retainers
39. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Withdrawal: Mandatory
Sexual relations with a client
Confidentiality Exceptions: Death or substantial Bodily Injury
Limiting Liability
40. 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.
Taking a matter up the ladder
Legal Knowledge and Skill
Accounts
Prospective Client Conflict Requirements
41. 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.
Encouragement of Pro Bono
Client Under a Disability
Implied Authority
Diligence
42. 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
Contingent fees
Nonadjudicative Proceedings
Should Report Professional Misconduct
Duties re Property of others
43. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Attorney Liens
Withdrawal: Mandatory
Prospective Client Conflict Requirements
Splitting fees
44. 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
Non-lawyer employees
Information relating to the representation
Associating with Other Counsel
Purchase of a new law practice
45. A lawyer has a duty of confidentiality and loyalty.
46. 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.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Special Rules for Government Personnel
Informed Consent
Proprietary Interests
47. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Legal Knowledge and Skill
Physical Evidence
Emergencies
Confirmed in writing
48. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Government service after private employment
Should Report Professional Misconduct
Duties re Property of others
Allocation of Authority between Lawyer and Client
49. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Candor to the Tribunal and Adverse Legal Authority
Solicitation by Direct Mail
Disputes over flat fees
Promoting Causes Related to the Administration of Justice
50. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Prospective Client Conflict Requirements
Government service after private employment
Trust Account Requirements and Interest
Taking a matter up the ladder