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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 admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Attorney Liens
Who is the client
Aggregate settlements and pleas
In house counsel
2. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Emergencies
Reciprocity
Communication
Time limits of confidentiality
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.
Impropriety and the Appearance of Impropriety
When Disqualification Required
Confidentiality Exception:Court Fiduciary
Accounts
4. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Nonadjudicative Proceedings
Negotiating for Employment
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Client may consent to prospective client conflict
5. 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.
Flat Fees
Specialization and Fields of Practice
Impermissible Conduct in Litigation
Media rights
6. 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.
Candor to the Tribunal and Adverse Legal Authority
Expediting Litigation
Media rights
General Requirement for Admission to Practice
7. 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.
Business transactions with a client
Use by other persons
Partnership with nonlawyers
Related lawyers
8. 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
Aiding Unauthorized practice/disbarred Lawyers
Joining a firm
Gifts
9. 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).
Contingent fees
When representation is permitted
Special Rules for Government Personnel
Trust Account Requirements and Interest
10. 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.
Protecting the Client and Unearned Fees in withdrawal
Legal Knowledge and Skill
Withdrawal: Permissive
Client Under a Disability
11. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Information gained through representation
Duties re Property of others
Protecting the Client and Unearned Fees in withdrawal
Splitting fees
12. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Communication
Implied Authority
Duties re Property of others
Trial Publicity
13. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Government service after private employment
Prospective Client Conflict Requirements
Duty of Subordinate Lawyers
14. A lawyer has a duty of confidentiality and loyalty.
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15. 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
Meretricious and Frivolous Claims
Audits and Overdrafts
Impermissible Conduct in Litigation
Multijurisdictional Practice
16. 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).
Organization as client
Withdrawal Procedure
Duty of Subordinate Lawyers
Client Under a Disability
17. 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.
Withdrawal: Mandatory
Factors of reasonableness
Emergencies
Candor to the Tribunal and Adverse Legal Authority
18. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Confidentiality Exception:Court order
Physical Evidence
Financial assistance
Proprietary Interests
19. 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
Business transactions with a client
Proprietary Interests
Flat Fees
Trust Account Requirements and Interest
20. 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
Former Clients
Duty of Subordinate Lawyers
Trust Account Requirements and Interest
General Requirement for Admission to Practice
21. 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
Candor to the Tribunal and Adverse Legal Authority
Non-lawyer employees
Lawyer as Witness
Allocation of Authority between Lawyer and Client
22. 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
Trust Account Requirements and Interest
Promoting Causes Related to the Administration of Justice
Supervisory and Subordinate Duties and Liability
Potential Conflicts of Interest
23. 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.
Should Report Professional Misconduct
Media rights
Client property other than money
Financial assistance
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.
Specialization and Fields of Practice
Effect of Lawyer's termination with a firm
Discrimination
Limiting Liability
25. 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.
General Requirement for Admission to Practice
Use by other persons
Client Perjury
Physical Evidence
26. A lawyers must always abide by the RPCs. If a lawyer is asked to do something by a supervisor - the lawyer does not violate the RPCs if the lawyer acts in accordance with the supervisor's reasonable resolution of an arguable question of professional
Aggregate settlements and pleas
Duty of Subordinate Lawyers
False or Misleading Statements
Implied Authority
27. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Communication
Impermissible Conduct in Litigation
Encouragement of Pro Bono
28. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Purchase of a new law practice
Meretricious and Frivolous Claims
Trial Publicity
Joining a firm
29. 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.
Sexual relations with a client
Client Under a Disability
Effect of Lawyer's termination with a firm
Associating with Other Counsel
30. 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
Communication
Impropriety and the Appearance of Impropriety
Organization as client
Prospective Client Conflict Requirements
31. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Withdrawal: Mandatory
Use by other persons
Proprietary Interests
Confidentiality Exception:Legal Advice
32. 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
Financial assistance
Government service after private employment
Discrimination
Impropriety and the Appearance of Impropriety
33. 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.
Duties re Property of others
Implied Authority
Payment from a third person
Organization as client
34. 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
Related lawyers
Imputed Conflicts of interest
Concurrent Conflict of Interest
Sexual relations with a client
35. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
When representation is not permitted
Specialization and Fields of Practice
Partnership with nonlawyers
36. 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
Financial assistance
Withdrawal and COI
Discrimination
37. A lawyer may reveal information relating to the representation to comply with a court order.
Judge of Third Party Neutral
Confidentiality Exception:Court order
Duties re Property of others
Physical Evidence
38. 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
Accounts
Trial Publicity
Flat Fees
39. 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
Client Under a Disability
Impropriety and the Appearance of Impropriety
When representation is permitted
Disputes over flat fees
40. 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.
Solicitation by Direct Mail
Limiting Liability
Client may consent to prospective client conflict
Proprietary Interests
41. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Solicitation by Direct Mail
Payment from a third person
Allocation of Authority between Lawyer and Client
Client Perjury
42. 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
Emergencies
Withdrawal: Permissive
Retainers
Communication
43. 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
Potential Conflicts of Interest
Informed Consent
Retainers
Purchase of a new law practice
44. 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
Duty of Subordinate Lawyers
Pay to Play Prohibited
Organization as client
Specialization and Fields of Practice
45. 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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46. Lawyer cannot represent anyone in a matter in which the judge participated personally and substantially as a judge unless parties give informed written consent. A firm may represent if lawyer is screened and notice is given. If a lawyer is a partisan
Judge of Third Party Neutral
When representation is permitted
Factors of reasonableness
Retainers
47. 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.
Aggregate settlements and pleas
Firm Names and Designations
Campaigning and Partisan Activity
Information relating to the representation
48. 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.
Limiting Liability
Lawyer's Duties
Trial Publicity
Attorney Liens
49. 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
Client Perjury
Joining a firm
Non-lawyer employees
Solicitation in Person
50. 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
Prospective Client Confidentiality
Confidentiality Exception:Future Crime
Should Report Professional Misconduct
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