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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. 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
Retainers
Expediting Litigation
Aggregate settlements and pleas
Withdrawal: Permissive
2. 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
Prospective Client Confidentiality
Partnership with nonlawyers
Information gained through representation
Use by other persons
3. 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
Client property other than money
Flat Fees
Payment from a third person
4. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
When representation is permitted
Attorney Liens
Withdrawal: Mandatory
Candor to the Tribunal and Adverse Legal Authority
5. 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
Lawyer as Witness
Financial assistance
Trust Account Requirements and Interest
Pay to Play Prohibited
6. 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.
False or Misleading Statements
Lawyer as Witness
Legal Knowledge and Skill
Partnership with nonlawyers
7. 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.
False or Misleading Statements
Aiding Unauthorized practice/disbarred Lawyers
Payment from a third person
Firm Names and Designations
8. 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.
Client property other than money
Who is the client
Legal Knowledge and Skill
Physical Evidence
9. 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
General Requirement for Admission to Practice
Time limits of confidentiality
Client Perjury
Multijurisdictional Practice
10. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Emergencies
Informed Consent
Imputed Conflicts of interest
General Requirement for Admission to Practice
11. 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.
Should Report Lawyer and Judicial Misconduct
Confidentiality Exceptions: Death or substantial Bodily Injury
Sexual relations with a client
Aggregate settlements and pleas
12. 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
Trust Account Requirements and Interest
Associating with Other Counsel
13. 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.
Discrimination
Judge of Third Party Neutral
Negotiating for Employment
Attorney Liens
14. 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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15. 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
Confidentiality Exception:Legal Advice
Business transactions with a client
Reciprocity
16. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Client may consent to prospective client conflict
Media rights
Allocation of Authority between Lawyer and Client
Confirmed in writing
17. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Communication
Prospective Client Conflict Requirements
Trust Account Requirements and Interest
Duty of Subordinate Lawyers
18. 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
Supervisory and Subordinate Duties and Liability
Judge of Third Party Neutral
Information gained through representation
Gifts
19. Must be in writing and are not allowed in criminal or dissolution cases. Fee agreement must specify if the fee is calculated on the gross or net recovery.
Client Perjury
Contingent fees
Flat Fees
Encouragement of Pro Bono
20. 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
Pay to Play Prohibited
Withdrawal: Permissive
Withdrawal: Mandatory
Time limits of confidentiality
21. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Total fee reasonable
Should Report Professional Misconduct
Client may consent to prospective client conflict
Non-lawyer employees
22. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Confidentiality Exception:Legal Advice
Discrimination
Solicitation in Person
23. 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
Solicitation in Person
Special Responsibilities of Prosecutors
Retainers
Government service after private employment
24. 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.
Physical Evidence
Discrimination
General Requirement for Admission to Practice
Lawyer's Duties
25. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Meretricious and Frivolous Claims
Prospective Client Conflict Requirements
Withdrawal and COI
Imputed Conflicts of interest
26. Judges should report actual knowledge of lawyer or judge misconduct
Dealing with Third Persons
Should Report Lawyer and Judicial Misconduct
Factors of reasonableness
Client Perjury
27. 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
In house counsel
Promoting Causes Related to the Administration of Justice
Supervisory and Subordinate Duties and Liability
Prospective Client Conflict Requirements
28. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Aggregate settlements and pleas
Client property other than money
Use by other persons
29. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Client property other than money
Physical Evidence
Protecting the Client and Unearned Fees in withdrawal
Sexual relations with a client
30. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Should Report Lawyer and Judicial Misconduct
When representation is not permitted
Promoting Causes Related to the Administration of Justice
Meretricious and Frivolous Claims
31. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Impermissible Conduct in Litigation
Promoting Causes Related to the Administration of Justice
Payment from a third person
Reciprocity
32. 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
Organization as client
Client Under a Disability
When representation is permitted
Trust Account Requirements and Interest
33. 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.
Use by other persons
When representation is not permitted
Supervisory and Subordinate Duties and Liability
Should Report Lawyer and Judicial Misconduct
34. A lawyer may reveal information relating to the representation to comply with a court order.
Who is the client
Organization as client
Candor to the Tribunal and Adverse Legal Authority
Confidentiality Exception:Court order
35. 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
Gifts
Candor to the Tribunal and Adverse Legal Authority
When representation is not permitted
36. 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
Organization as client
Should Report Lawyer and Judicial Misconduct
Legal Knowledge and Skill
37. If the client is a corporation - the informed consent needs to come from the entity.
Prospective Client Conflict Requirements
Lawyer's Duties
Related lawyers
Who is the client
38. 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.
Purchase of a new law practice
Duty of Subordinate Lawyers
Related lawyers
Taking a matter up the ladder
39. 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.
Purchase of a new law practice
Associating with Other Counsel
Partnership with nonlawyers
Trial Publicity
40. 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
Retainers
Concurrent Conflict of Interest
Former Clients
Special Rules for Government Personnel
41. 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
Media rights
Candor to the Tribunal and Adverse Legal Authority
Retainers
False or Misleading Statements
42. A criminal prosecutor has a duty to seek justice and not prosecute unless there is probable cause that the person is guilty of the crime. A prosecutor must advise a defendant of the right to counsel - disclose information that tends to mitigate a fin
Splitting fees
Government service after private employment
Special Responsibilities of Prosecutors
Lawyer's Duties
43. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Expediting Litigation
Impropriety and the Appearance of Impropriety
Dealing with Third Persons
Proprietary Interests
44. 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.
Withdrawal and COI
Proprietary Interests
Use by other persons
General Requirement for Admission to Practice
45. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Financial assistance
Prospective Client Conflict Requirements
Aiding Unauthorized practice/disbarred Lawyers
Reciprocity
46. 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
Information gained through representation
Client Under a Disability
Meretricious and Frivolous Claims
Flat Fees
47. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Time limits of confidentiality
Duty of Subordinate Lawyers
Allocation of Authority between Lawyer and Client
Confidentiality Exception:Future Crime
48. 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).
Time limits of confidentiality
Special Rules for Government Personnel
Legal Knowledge and Skill
Client Under a Disability
49. 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.
Aggregate settlements and pleas
Attorney Liens
Client property other than money
Legal Knowledge and Skill
50. 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.
Partnership with nonlawyers
Firm Names and Designations
Aggregate settlements and pleas
Specialization and Fields of Practice