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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 who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Trial Publicity
Client Under a Disability
When Disqualification Required
Attorney Liens
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
Joining a firm
Multijurisdictional Practice
Former Clients
Nonadjudicative Proceedings
3. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Related lawyers
Special Responsibilities of Prosecutors
Encouragement of Pro Bono
Informed Consent
4. 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).
Informed Consent
Expediting Litigation
Multijurisdictional Practice
Withdrawal Procedure
5. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Confidentiality Exception:Future Crime
Pay to Play Prohibited
Special Responsibilities of Prosecutors
6. 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
Dealing with Third Persons
Joining a firm
Former Clients
Attorney Liens
7. 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.
When Disqualification Required
Lawyer as Witness
Withdrawal: Permissive
Impropriety and the Appearance of Impropriety
8. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Candor to the Tribunal and Adverse Legal Authority
Reciprocity
Withdrawal: Permissive
9. Judges should report actual knowledge of lawyer or judge misconduct
Associating with Other Counsel
Should Report Lawyer and Judicial Misconduct
Aiding Unauthorized practice/disbarred Lawyers
Withdrawal and COI
10. 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.
Confidentiality Exception:Protect the Lawyer
Trial Publicity
Effect of Lawyer's termination with a firm
Related lawyers
11. 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.
Nonadjudicative Proceedings
When Disqualification Required
Discrimination
Duty of Subordinate Lawyers
12. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Diligence
Client may consent to prospective client conflict
Accounts
Imputed Conflicts of interest
13. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Confidentiality Exception:Court Fiduciary
Promoting Causes Related to the Administration of Justice
Joining a firm
Government service after private employment
14. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Aggregate settlements and pleas
Withdrawal: Permissive
Confirmed in writing
Financial assistance
15. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
In house counsel
Confidentiality Exception:Legal Advice
Multijurisdictional Practice
General Requirement for Admission to Practice
16. 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.
Retainers
Confidentiality Exception:Court Fiduciary
Legal Knowledge and Skill
Solicitation in Person
17. 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
Encouragement of Pro Bono
Gifts
Promoting Causes Related to the Administration of Justice
Impropriety and the Appearance of Impropriety
18. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Duties re Property of others
Limiting Liability
Communication
Allocation of Authority between Lawyer and Client
19. 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
General Requirement for Admission to Practice
Supervisory and Subordinate Duties and Liability
Attorney Liens
Discrimination
20. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Confidentiality Exception:Court order
Protecting the Client and Unearned Fees in withdrawal
Factors of reasonableness
Purchase of a new law practice
21. If the client is a corporation - the informed consent needs to come from the entity.
Judge of Third Party Neutral
Supervisory and Subordinate Duties and Liability
Total fee reasonable
Who is the client
22. 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.
Use by other persons
Implied Authority
Contingent fees
Confidentiality Exceptions: Death or substantial Bodily Injury
23. 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.
Solicitation by Direct Mail
Aggregate settlements and pleas
When representation is permitted
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
24. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exceptions: Death or substantial Bodily Injury
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Supervisory and Subordinate Duties and Liability
Confidentiality Exception:Legal Advice
25. 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
Who is the client
Accounts
Encouragement of Pro Bono
26. 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
Audits and Overdrafts
Gifts
Confidentiality Exception:Future Crime
Confidentiality Exception:Protect the Lawyer
27. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Communication
Financial assistance
Aiding Unauthorized practice/disbarred Lawyers
Contingent fees
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.
Prospective Client Conflict Requirements
Protecting the Client and Unearned Fees in withdrawal
Former Clients
Contingent fees
29. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Informed Consent
Prospective Client Confidentiality
Disputes over flat fees
Meretricious and Frivolous Claims
30. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
In house counsel
Discrimination
Associating with Other Counsel
Lawyer's Duties
31. 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
Taking a matter up the ladder
Potential Conflicts of Interest
Withdrawal Procedure
Business transactions with a client
32. 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
When Disqualification Required
Legal Knowledge and Skill
Aggregate settlements and pleas
Discrimination
33. 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
In house counsel
Pay to Play Prohibited
Proprietary Interests
34. 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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35. 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.
Information gained through representation
Trial Publicity
Non-lawyer employees
Joining a firm
36. 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.
Organization as client
When Disqualification Required
Aggregate settlements and pleas
In house counsel
37. 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
Negotiating for Employment
Aggregate settlements and pleas
Should Report Professional Misconduct
Joining a firm
38. 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.
Flat Fees
Discrimination
Nonadjudicative Proceedings
Client property other than money
39. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Attorney Liens
Trust Account Requirements and Interest
Nonadjudicative Proceedings
Client Perjury
40. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Solicitation in Person
Promoting Causes Related to the Administration of Justice
Communication
Media rights
41. 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
Lawyer's Duties
Negotiating for Employment
Client may consent to prospective client conflict
Concurrent Conflict of Interest
42. 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.
Nonadjudicative Proceedings
Special Rules for Government Personnel
Specialization and Fields of Practice
Special Responsibilities of Prosecutors
43. 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).
Limiting Liability
Impermissible Conduct in Litigation
Special Rules for Government Personnel
Gifts
44. 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
Imputed Conflicts of interest
Splitting fees
Media rights
Campaigning and Partisan Activity
45. A lawyer shall not reveal information relating to the representation unless the client gives informed consent - the disclosure is impliedly authorized to carry out the representation - or as permitted by the RPCs.
Potential Conflicts of Interest
Information relating to the representation
Splitting fees
Diligence
46. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Campaigning and Partisan Activity
Aggregate settlements and pleas
Withdrawal Procedure
47. 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..
Confidentiality Exception:Protect the Lawyer
Partnership with nonlawyers
Imputed Conflicts of interest
Protecting the Client and Unearned Fees in withdrawal
48. 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
Prospective Client Conflict Requirements
Pay to Play Prohibited
Joining a firm
Information relating to the representation
49. 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
Aiding Unauthorized practice/disbarred Lawyers
Duty of Subordinate Lawyers
Negotiating for Employment
Potential Conflicts of Interest
50. 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
Confirmed in writing
Impropriety and the Appearance of Impropriety
Nonadjudicative Proceedings
Allocation of Authority between Lawyer and Client