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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 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
Impropriety and the Appearance of Impropriety
Solicitation in Person
Gifts
Client Perjury
2. 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.
Expediting Litigation
Meretricious and Frivolous Claims
Confidentiality Exception:Future Crime
Lawyer as Witness
3. 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.
Joining a firm
Impermissible Conduct in Litigation
Organization as client
False or Misleading Statements
4. 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
Multijurisdictional Practice
Partnership with nonlawyers
Related lawyers
5. 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.
Associating with Other Counsel
Business transactions with a client
Client property other than money
Accounts
6. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Duties re Property of others
Aggregate settlements and pleas
Special Rules for Government Personnel
7. 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.
Client Under a Disability
Financial assistance
Accounts
Impermissible Conduct in Litigation
8. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
When Disqualification Required
9. 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
General Requirement for Admission to Practice
Multijurisdictional Practice
Potential Conflicts of Interest
Dealing with Third Persons
10. 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.
Should Report Lawyer and Judicial Misconduct
Special Rules for Government Personnel
Specialization and Fields of Practice
Diligence
11. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Flat Fees
Duties re Property of others
General Requirement for Admission to Practice
Pay to Play Prohibited
12. 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).
Promoting Causes Related to the Administration of Justice
Special Rules for Government Personnel
Reciprocity
Pay to Play Prohibited
13. 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
Should Report Professional Misconduct
Duties re Property of others
Campaigning and Partisan Activity
Impermissible Conduct in Litigation
14. 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.
Client Perjury
Diligence
Special Responsibilities of Prosecutors
Related lawyers
15. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Legal Knowledge and Skill
Special Rules for Government Personnel
Impermissible Conduct in Litigation
Confidentiality Exception:Legal Advice
16. 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
Effect of Lawyer's termination with a firm
Meretricious and Frivolous Claims
Allocation of Authority between Lawyer and Client
17. A lawyer shall not charge or collect unreasonable fees or expenses.
Communication
Duties re Property of others
Potential Conflicts of Interest
Total fee reasonable
18. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Withdrawal: Permissive
Nonadjudicative Proceedings
Impermissible Conduct in Litigation
Pay to Play Prohibited
19. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Confidentiality Exception:Court Fiduciary
Withdrawal: Mandatory
In house counsel
Joining a firm
20. 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.
Solicitation in Person
Government service after private employment
Limiting Liability
Firm Names and Designations
21. 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
Nonadjudicative Proceedings
When representation is permitted
Organization as client
22. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Protecting the Client and Unearned Fees in withdrawal
In house counsel
Client Perjury
23. 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
Audits and Overdrafts
Concurrent Conflict of Interest
Associating with Other Counsel
Withdrawal Procedure
24. 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.
Information relating to the representation
Emergencies
Lawyer's Duties
Who is the client
25. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Aiding Unauthorized practice/disbarred Lawyers
In house counsel
Meretricious and Frivolous Claims
26. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Duty of Subordinate Lawyers
Campaigning and Partisan Activity
Withdrawal and COI
Candor to the Tribunal and Adverse Legal Authority
27. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Potential Conflicts of Interest
Contingent fees
Discrimination
Reciprocity
28. 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
When Disqualification Required
In house counsel
Impropriety and the Appearance of Impropriety
29. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Should Report Professional Misconduct
Business transactions with a client
Confidentiality Exceptions: Death or substantial Bodily Injury
Protecting the Client and Unearned Fees in withdrawal
30. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Total fee reasonable
Aggregate settlements and pleas
Confidentiality Exception:Future Crime
When Disqualification Required
31. 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
Aiding Unauthorized practice/disbarred Lawyers
Multijurisdictional Practice
Impropriety and the Appearance of Impropriety
Confidentiality Exception:Protect the Lawyer
32. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Related lawyers
Informed Consent
Government service after private employment
Attorney Liens
33. 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
Specialization and Fields of Practice
Purchase of a new law practice
Special Rules for Government Personnel
Prospective Client Conflict Requirements
34. 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
Attorney Liens
Trust Account Requirements and Interest
Prospective Client Conflict Requirements
Taking a matter up the ladder
35. 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
Judge of Third Party Neutral
Withdrawal: Permissive
Payment from a third person
Pay to Play Prohibited
36. 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.
Protecting the Client and Unearned Fees in withdrawal
Attorney Liens
Non-lawyer employees
Client Under a Disability
37. 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
Financial assistance
Partnership with nonlawyers
Purchase of a new law practice
Trial Publicity
38. 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
Imputed Conflicts of interest
Government service after private employment
Payment from a third person
When Disqualification Required
39. 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
Proprietary Interests
Limiting Liability
When representation is not permitted
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
40. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Associating with Other Counsel
Dealing with Third Persons
Allocation of Authority between Lawyer and Client
Government service after private employment
41. 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.
Firm Names and Designations
When Disqualification Required
Concurrent Conflict of Interest
Aggregate settlements and pleas
42. 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.
Lawyer as Witness
Firm Names and Designations
Payment from a third person
Accounts
43. 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
Use by other persons
Withdrawal: Permissive
Partnership with nonlawyers
Campaigning and Partisan Activity
44. 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
Physical Evidence
Candor to the Tribunal and Adverse Legal Authority
Gifts
Total fee reasonable
45. 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.
Protecting the Client and Unearned Fees in withdrawal
Lawyer as Witness
Client property other than money
Withdrawal: Mandatory
46. If the client is a corporation - the informed consent needs to come from the entity.
Emergencies
Who is the client
Business transactions with a client
Confidentiality Exception:Court order
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 Exceptions: Death or substantial Bodily Injury
Confidentiality Exception:Protect the Lawyer
Confidentiality Exception:Legal Advice
Financial assistance
48. 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.
Prospective Client Confidentiality
Sexual relations with a client
Associating with Other Counsel
Withdrawal: Mandatory
49. 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
Gifts
Aiding Unauthorized practice/disbarred Lawyers
Who is the client
Withdrawal: Mandatory
50. 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.
General Requirement for Admission to Practice
Supervisory and Subordinate Duties and Liability
Nonadjudicative Proceedings
Physical Evidence