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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 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
Sexual relations with a client
Taking a matter up the ladder
Should Report Lawyer and Judicial Misconduct
Withdrawal and COI
2. 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.
Campaigning and Partisan Activity
Nonadjudicative Proceedings
Physical Evidence
Special Responsibilities of Prosecutors
3. 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
Audits and Overdrafts
Confidentiality Exception:Court Fiduciary
Potential Conflicts of Interest
4. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Communication
Organization as client
Lawyer's Duties
Effect of Lawyer's termination with a firm
5. A lawyer shall not charge or collect unreasonable fees or expenses.
Withdrawal Procedure
Confidentiality Exception:Protect the Lawyer
Total fee reasonable
Special Rules for Government Personnel
6. 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
Firm Names and Designations
Gifts
Confidentiality Exception:Court Fiduciary
7. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Imputed Conflicts of interest
Client Under a Disability
Communication
8. 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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9. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Limiting Liability
Information relating to the representation
Business transactions with a client
Promoting Causes Related to the Administration of Justice
10. 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
Withdrawal and COI
Physical Evidence
Information relating to the representation
Should Report Professional Misconduct
11. 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.
Information gained through representation
Communication
Reciprocity
Legal Knowledge and Skill
12. 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
Candor to the Tribunal and Adverse Legal Authority
Confidentiality Exception:Legal Advice
Should Report Lawyer and Judicial Misconduct
13. 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
False or Misleading Statements
Related lawyers
Gifts
Accounts
14. 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
Prospective Client Conflict Requirements
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Implied Authority
Lawyer as Witness
15. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Government service after private employment
Specialization and Fields of Practice
Financial assistance
Audits and Overdrafts
16. A lawyer has a duty of confidentiality and loyalty.
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17. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Who is the client
Confidentiality Exception:Legal Advice
Accounts
Special Responsibilities of Prosecutors
18. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Candor to the Tribunal and Adverse Legal Authority
Protecting the Client and Unearned Fees in withdrawal
Effect of Lawyer's termination with a firm
Supervisory and Subordinate Duties and Liability
19. 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.
Candor to the Tribunal and Adverse Legal Authority
Promoting Causes Related to the Administration of Justice
Negotiating for Employment
Discrimination
20. 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
Special Responsibilities of Prosecutors
Associating with Other Counsel
Special Rules for Government Personnel
Concurrent Conflict of Interest
21. 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
Aiding Unauthorized practice/disbarred Lawyers
Business transactions with a client
Communication
Firm Names and Designations
22. 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
Financial assistance
Judge of Third Party Neutral
Disputes over flat fees
Duty of Subordinate Lawyers
23. 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).
Special Rules for Government Personnel
Taking a matter up the ladder
Negotiating for Employment
Expediting Litigation
24. 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
Campaigning and Partisan Activity
Implied Authority
Who is the client
When representation is permitted
25. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Special Rules for Government Personnel
Organization as client
Confidentiality Exception:Protect the Lawyer
Allocation of Authority between Lawyer and Client
26. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Sexual relations with a client
Lawyer's Duties
Withdrawal and COI
Firm Names and Designations
27. 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
Should Report Lawyer and Judicial Misconduct
Trust Account Requirements and Interest
Judge of Third Party Neutral
28. 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.
Negotiating for Employment
Client Under a Disability
Financial assistance
Duties re Property of others
29. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Candor to the Tribunal and Adverse Legal Authority
Emergencies
Partnership with nonlawyers
Dealing with Third Persons
30. 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.
Withdrawal and COI
Firm Names and Designations
Emergencies
Confidentiality Exception:Court Fiduciary
31. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Client Under a Disability
Nonadjudicative Proceedings
Confidentiality Exception:Court Fiduciary
When Disqualification Required
32. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Expediting Litigation
Confidentiality Exception:Court Fiduciary
Sexual relations with a client
Dealing with Third Persons
33. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
In house counsel
General Requirement for Admission to Practice
Should Report Professional Misconduct
Meretricious and Frivolous Claims
34. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Client may consent to prospective client conflict
Solicitation in Person
Audits and Overdrafts
Nonadjudicative Proceedings
35. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Protecting the Client and Unearned Fees in withdrawal
Impropriety and the Appearance of Impropriety
Attorney Liens
36. 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
Former Clients
When Disqualification Required
Protecting the Client and Unearned Fees in withdrawal
37. 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
Limiting Liability
Purchase of a new law practice
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
38. 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
Discrimination
Concurrent Conflict of Interest
Purchase of a new law practice
39. 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.
Organization as client
Implied Authority
Emergencies
Accounts
40. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Implied Authority
In house counsel
Government service after private employment
Lawyer's Duties
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.
Related lawyers
Information relating to the representation
Diligence
Confidentiality Exception:Protect the Lawyer
42. A lawyer may never use confidential information to the client's disadvantage.
Implied Authority
Sexual relations with a client
Information gained through representation
Total fee reasonable
43. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Withdrawal: Mandatory
Accounts
Informed Consent
Client property other than money
44. 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.
Related lawyers
Who is the client
Specialization and Fields of Practice
Limiting Liability
45. 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
Lawyer's Duties
Proprietary Interests
Client Perjury
Campaigning and Partisan Activity
46. 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.
Splitting fees
Organization as client
Confidentiality Exception:Court Fiduciary
Government service after private employment
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
Legal Knowledge and Skill
Joining a firm
Supervisory and Subordinate Duties and Liability
48. 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
Concurrent Conflict of Interest
Trust Account Requirements and Interest
Who is the client
Proprietary Interests
49. 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.
Disputes over flat fees
Lawyer as Witness
Informed Consent
Government service after private employment
50. 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.
Potential Conflicts of Interest
Supervisory and Subordinate Duties and Liability
Sexual relations with a client
Accounts
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