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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.
Confidentiality Exception:Court order
Diligence
In house counsel
Discrimination
2. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Payment from a third person
Contingent fees
Effect of Lawyer's termination with a firm
Promoting Causes Related to the Administration of Justice
3. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Informed Consent
Trust Account Requirements and Interest
When Disqualification Required
Trial Publicity
4. 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.
Who is the client
Multijurisdictional Practice
Former Clients
Client Perjury
5. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Should Report Lawyer and Judicial Misconduct
Who is the client
Impropriety and the Appearance of Impropriety
Confidentiality Exception:Future Crime
6. 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
Prospective Client Conflict Requirements
Information gained through representation
Firm Names and Designations
Physical Evidence
7. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Splitting fees
Negotiating for Employment
Withdrawal: Permissive
Nonadjudicative Proceedings
8. 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
Confidentiality Exception:Court Fiduciary
Special Responsibilities of Prosecutors
Allocation of Authority between Lawyer and Client
Encouragement of Pro Bono
9. 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.
Related lawyers
Confidentiality Exception:Court Fiduciary
Meretricious and Frivolous Claims
Client Under a Disability
10. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Informed Consent
Associating with Other Counsel
Confirmed in writing
Solicitation by Direct Mail
11. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Government service after private employment
Imputed Conflicts of interest
Confidentiality Exception:Court Fiduciary
12. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Media rights
Attorney Liens
Client Under a Disability
Judge of Third Party Neutral
13. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Splitting fees
Negotiating for Employment
Payment from a third person
14. A lawyer shall not charge or collect unreasonable fees or expenses.
Expediting Litigation
Total fee reasonable
Factors of reasonableness
Solicitation in Person
15. 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
Flat Fees
Accounts
Specialization and Fields of Practice
Gifts
16. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Firm Names and Designations
Withdrawal Procedure
Contingent fees
Dealing with Third Persons
17. 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
Dealing with Third Persons
Physical Evidence
Taking a matter up the ladder
Purchase of a new law practice
18. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Judge of Third Party Neutral
Lawyer as Witness
Informed Consent
Confidentiality Exceptions: Death or substantial Bodily Injury
19. 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.
Financial assistance
Potential Conflicts of Interest
False or Misleading Statements
Non-lawyer employees
20. 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.
Associating with Other Counsel
Aggregate settlements and pleas
Impermissible Conduct in Litigation
False or Misleading Statements
21. 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
Protecting the Client and Unearned Fees in withdrawal
Withdrawal: Permissive
Time limits of confidentiality
22. 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
Non-lawyer employees
Pay to Play Prohibited
Solicitation by Direct Mail
Information gained through representation
23. 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.
Duties re Property of others
Sexual relations with a client
Allocation of Authority between Lawyer and Client
Impermissible Conduct in Litigation
24. 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
Potential Conflicts of Interest
Candor to the Tribunal and Adverse Legal Authority
Non-lawyer employees
25. 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.
Joining a firm
Client property other than money
Factors of reasonableness
Payment from a third person
26. 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.
Solicitation by Direct Mail
Legal Knowledge and Skill
Negotiating for Employment
Information gained through representation
27. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Prospective Client Conflict Requirements
Solicitation in Person
When representation is permitted
Confidentiality Exception:Legal Advice
28. Time and labor required; novelty and difficulty of the questions and issues involved; skill required to perform the legal service; likelihood that the acceptance of the particular employment will preclude other employment; fee customarily charged; am
Factors of reasonableness
Related lawyers
Business transactions with a client
Client Under a Disability
29. 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
Supervisory and Subordinate Duties and Liability
Joining a firm
Should Report Lawyer and Judicial Misconduct
Imputed Conflicts of interest
30. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
When representation is permitted
Protecting the Client and Unearned Fees in withdrawal
Solicitation by Direct Mail
Accounts
31. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Time limits of confidentiality
Aiding Unauthorized practice/disbarred Lawyers
Audits and Overdrafts
Limiting Liability
32. 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.
Joining a firm
Aggregate settlements and pleas
False or Misleading Statements
When representation is not permitted
33. 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
Trial Publicity
Should Report Professional Misconduct
Non-lawyer employees
Partnership with nonlawyers
34. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Encouragement of Pro Bono
Government service after private employment
Specialization and Fields of Practice
Lawyer as Witness
35. 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
Client may consent to prospective client conflict
Information gained through representation
Gifts
Potential Conflicts of Interest
36. 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
Client may consent to prospective client conflict
Solicitation by Direct Mail
Campaigning and Partisan Activity
Judge of Third Party Neutral
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
Gifts
Should Report Professional Misconduct
General Requirement for Admission to Practice
Factors of reasonableness
38. A lawyer may reveal information relating to the representation to comply with a court order.
Who is the client
Splitting fees
Confidentiality Exception:Court order
Information relating to the representation
39. 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.
Confidentiality Exception:Court Fiduciary
Contingent fees
Judge of Third Party Neutral
Flat Fees
40. 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.
Trial Publicity
Negotiating for Employment
Client property other than money
Firm Names and Designations
41. 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.
Contingent fees
Withdrawal: Permissive
Non-lawyer employees
Protecting the Client and Unearned Fees in withdrawal
42. 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
Proprietary Interests
Organization as client
Solicitation in Person
Candor to the Tribunal and Adverse Legal Authority
43. 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
Time limits of confidentiality
Flat Fees
Limiting Liability
Concurrent Conflict of Interest
44. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Use by other persons
Communication
Withdrawal and COI
Meretricious and Frivolous Claims
45. 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.
Withdrawal Procedure
Diligence
Associating with Other Counsel
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
46. 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).
Campaigning and Partisan Activity
Special Rules for Government Personnel
Information gained through representation
Confidentiality Exception:Legal Advice
47. 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
General Requirement for Admission to Practice
Taking a matter up the ladder
Retainers
Financial assistance
48. In person solicitation is generally prohibited unless there is a pre-existing relationship.
False or Misleading Statements
Concurrent Conflict of Interest
Solicitation in Person
Accounts
49. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Media rights
Candor to the Tribunal and Adverse Legal Authority
Encouragement of Pro Bono
Aggregate settlements and pleas
50. 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.
Organization as client
When representation is permitted
Information gained through representation
Client Under a Disability