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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. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Duty of Subordinate Lawyers
Limiting Liability
Client may consent to prospective client conflict
Confidentiality Exception:Court order
2. 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
Special Responsibilities of Prosecutors
Communication
Discrimination
3. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exception:Legal Advice
Confidentiality Exceptions: Death or substantial Bodily Injury
Organization as client
Use by other persons
4. 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
Expediting Litigation
Gifts
Judge of Third Party Neutral
Aggregate settlements and pleas
5. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Pay to Play Prohibited
Imputed Conflicts of interest
In house counsel
Payment from a third person
6. Judges should report actual knowledge of lawyer or judge misconduct
Lawyer's Duties
Negotiating for Employment
Campaigning and Partisan Activity
Should Report Lawyer and Judicial Misconduct
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.
Firm Names and Designations
Candor to the Tribunal and Adverse Legal Authority
Duties re Property of others
Attorney Liens
8. 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.
Implied Authority
Trust Account Requirements and Interest
Encouragement of Pro Bono
Client Under a Disability
9. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Confidentiality Exception:Court order
Nonadjudicative Proceedings
Withdrawal Procedure
Communication
10. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Candor to the Tribunal and Adverse Legal Authority
Lawyer's Duties
Disputes over flat fees
Related lawyers
11. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Multijurisdictional Practice
Communication
Confidentiality Exception:Future Crime
Former Clients
12. 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
Should Report Lawyer and Judicial Misconduct
When representation is permitted
Splitting fees
13. A lawyer had a duty to expedite litigation.
Audits and Overdrafts
Solicitation by Direct Mail
Expediting Litigation
Allocation of Authority between Lawyer and Client
14. 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
False or Misleading Statements
Business transactions with a client
Duty of Subordinate Lawyers
Information gained through representation
15. 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.
Contingent fees
Negotiating for Employment
Confirmed in writing
Aiding Unauthorized practice/disbarred Lawyers
16. 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
Potential Conflicts of Interest
Trust Account Requirements and Interest
Promoting Causes Related to the Administration of Justice
17. 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.
Aggregate settlements and pleas
Supervisory and Subordinate Duties and Liability
Who is the client
Special Responsibilities of Prosecutors
18. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Dealing with Third Persons
Potential Conflicts of Interest
Joining a firm
Aiding Unauthorized practice/disbarred Lawyers
19. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
When representation is permitted
Lawyer's Duties
Gifts
Duties re Property of others
20. 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.
Communication
Joining a firm
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Specialization and Fields of Practice
21. A lawyer shall not charge or collect unreasonable fees or expenses.
Government service after private employment
Total fee reasonable
Non-lawyer employees
Trust Account Requirements and Interest
22. 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.
Former Clients
Promoting Causes Related to the Administration of Justice
Imputed Conflicts of interest
Information relating to the representation
23. 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..
Withdrawal and COI
Informed Consent
Associating with Other Counsel
Confidentiality Exception:Protect the Lawyer
24. 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
Withdrawal Procedure
Business transactions with a client
Pay to Play Prohibited
Purchase of a new law practice
25. 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.
In house counsel
Withdrawal: Mandatory
Campaigning and Partisan Activity
Client property other than money
26. 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
Emergencies
Use by other persons
Confidentiality Exception:Legal Advice
Joining a firm
27. 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).
Candor to the Tribunal and Adverse Legal Authority
Withdrawal Procedure
Client property other than money
Confidentiality Exception:Court Fiduciary
28. 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.
Discrimination
Special Rules for Government Personnel
Government service after private employment
Negotiating for Employment
29. 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
Joining a firm
Aiding Unauthorized practice/disbarred Lawyers
Accounts
Purchase of a new law practice
30. 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
Concurrent Conflict of Interest
Allocation of Authority between Lawyer and Client
Supervisory and Subordinate Duties and Liability
Trust Account Requirements and Interest
31. 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).
Information relating to the representation
Special Rules for Government Personnel
Taking a matter up the ladder
Withdrawal and COI
32. 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
Confidentiality Exception:Court order
Joining a firm
Gifts
Non-lawyer employees
33. 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
Specialization and Fields of Practice
Emergencies
Impropriety and the Appearance of Impropriety
Information gained through representation
34. 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
Implied Authority
Client property other than money
Diligence
Supervisory and Subordinate Duties and Liability
35. 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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36. A lawyer shall not accept payment from a third party unless: 1) client gives informed consent - 2) lawyer's independent judgment is not compromised - and 3) information relating to the representation is protected.
Payment from a third person
Confidentiality Exception:Protect the Lawyer
Confidentiality Exception:Court order
When Disqualification Required
37. A lawyer has a duty of confidentiality and loyalty.
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38. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Solicitation by Direct Mail
Reciprocity
Implied Authority
Confirmed in writing
39. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Solicitation in Person
Concurrent Conflict of Interest
Disputes over flat fees
Purchase of a new law practice
40. 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
Organization as client
Lawyer's Duties
Prospective Client Conflict Requirements
Solicitation in Person
41. 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.
Financial assistance
Impermissible Conduct in Litigation
Promoting Causes Related to the Administration of Justice
Confidentiality Exceptions: Death or substantial Bodily Injury
42. 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 Under a Disability
Confidentiality Exception:Legal Advice
General Requirement for Admission to Practice
Client Perjury
43. 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.
Gifts
Former Clients
Splitting fees
Lawyer as Witness
44. 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.
General Requirement for Admission to Practice
Former Clients
Impropriety and the Appearance of Impropriety
Special Responsibilities of Prosecutors
45. 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.
Discrimination
Physical Evidence
Accounts
Sexual relations with a client
46. 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
Former Clients
Lawyer's Duties
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Contingent fees
47. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Dealing with Third Persons
Attorney Liens
Diligence
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
48. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Confirmed in writing
Negotiating for Employment
General Requirement for Admission to Practice
Client property other than money
49. 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
Withdrawal: Mandatory
Dealing with Third Persons
Negotiating for Employment
Pay to Play Prohibited
50. 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
Physical Evidence
When representation is not permitted
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud