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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 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
Aggregate settlements and pleas
Contingent fees
Trust Account Requirements and Interest
Withdrawal Procedure
2. 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.
Attorney Liens
Impermissible Conduct in Litigation
Nonadjudicative Proceedings
Special Responsibilities of Prosecutors
3. 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.
Nonadjudicative Proceedings
Duty of Subordinate Lawyers
Concurrent Conflict of Interest
Related lawyers
4. 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
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Future Crime
Flat Fees
Joining a firm
5. 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.
Impropriety and the Appearance of Impropriety
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Negotiating for Employment
Related lawyers
6. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Total fee reasonable
Confidentiality Exception:Court Fiduciary
Attorney Liens
Informed Consent
7. 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
Aiding Unauthorized practice/disbarred Lawyers
Purchase of a new law practice
Concurrent Conflict of Interest
Allocation of Authority between Lawyer and Client
8. 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
Organization as client
Negotiating for Employment
Judge of Third Party Neutral
When Disqualification Required
9. 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.
Disputes over flat fees
Firm Names and Designations
Information relating to the representation
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
10. 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
Associating with Other Counsel
Retainers
Imputed Conflicts of interest
Multijurisdictional Practice
11. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
When Disqualification Required
Promoting Causes Related to the Administration of Justice
Former Clients
Imputed Conflicts of interest
12. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Trial Publicity
Reciprocity
Effect of Lawyer's termination with a firm
Firm Names and Designations
13. 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.
Dealing with Third Persons
Proprietary Interests
Protecting the Client and Unearned Fees in withdrawal
Sexual relations with a client
14. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Impermissible Conduct in Litigation
Audits and Overdrafts
Client Perjury
15. A lawyer shall not charge or collect unreasonable fees or expenses.
Joining a firm
Purchase of a new law practice
Client property other than money
Total fee reasonable
16. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Confirmed in writing
Client Perjury
Confidentiality Exceptions: Death or substantial Bodily Injury
17. 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.
Attorney Liens
Splitting fees
Diligence
Legal Knowledge and Skill
18. 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
Organization as client
Diligence
Taking a matter up the ladder
Proprietary Interests
19. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Implied Authority
Judge of Third Party Neutral
Limiting Liability
Withdrawal and COI
20. 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
Disputes over flat fees
When representation is permitted
Dealing with Third Persons
21. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
In house counsel
Splitting fees
Prospective Client Confidentiality
Specialization and Fields of Practice
22. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Limiting Liability
Total fee reasonable
23. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Discrimination
Aiding Unauthorized practice/disbarred Lawyers
Special Rules for Government Personnel
False or Misleading Statements
24. 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.
Audits and Overdrafts
Aggregate settlements and pleas
Information gained through representation
Specialization and Fields of Practice
25. 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.
Multijurisdictional Practice
Client Under a Disability
Joining a firm
Withdrawal: Permissive
26. 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.
Solicitation by Direct Mail
Lawyer as Witness
Disputes over flat fees
Confidentiality Exception:Future Crime
27. 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.
Former Clients
Sexual relations with a client
Organization as client
Contingent fees
28. 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.
Trust Account Requirements and Interest
Multijurisdictional Practice
Legal Knowledge and Skill
Contingent fees
29. 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
Dealing with Third Persons
Duty of Subordinate Lawyers
Factors of reasonableness
Time limits of confidentiality
30. 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
Imputed Conflicts of interest
Retainers
Potential Conflicts of Interest
Media rights
31. 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
Aggregate settlements and pleas
Business transactions with a client
Special Rules for Government Personnel
Effect of Lawyer's termination with a firm
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.
When Disqualification Required
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
When representation is not permitted
When representation is permitted
33. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Client Perjury
Meretricious and Frivolous Claims
Joining a firm
Protecting the Client and Unearned Fees in withdrawal
34. If the client is a corporation - the informed consent needs to come from the entity.
Physical Evidence
Who is the client
Confidentiality Exceptions: Death or substantial Bodily Injury
Legal Knowledge and Skill
35. 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
Business transactions with a client
Factors of reasonableness
Impermissible Conduct in Litigation
36. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Media rights
Non-lawyer employees
Limiting Liability
Emergencies
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
Negotiating for Employment
Should Report Professional Misconduct
Promoting Causes Related to the Administration of Justice
38. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Sexual relations with a client
Protecting the Client and Unearned Fees in withdrawal
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Physical Evidence
39. 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
Sexual relations with a client
Gifts
Candor to the Tribunal and Adverse Legal Authority
Withdrawal: Permissive
40. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Total fee reasonable
Solicitation by Direct Mail
Associating with Other Counsel
Financial assistance
41. Judges should report actual knowledge of lawyer or judge misconduct
Prospective Client Conflict Requirements
Should Report Lawyer and Judicial Misconduct
Lawyer as Witness
Related lawyers
42. 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
When Disqualification Required
Related lawyers
Duty of Subordinate Lawyers
Protecting the Client and Unearned Fees in withdrawal
43. 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.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Non-lawyer employees
Former Clients
Impermissible Conduct in Litigation
44. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Media rights
Confidentiality Exception:Future Crime
Withdrawal and COI
Total fee reasonable
45. 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.
Protecting the Client and Unearned Fees in withdrawal
Accounts
Use by other persons
Confidentiality Exception:Future Crime
46. 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
Candor to the Tribunal and Adverse Legal Authority
Withdrawal and COI
Who is the client
Disputes over flat fees
47. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Confidentiality Exception:Court order
Judge of Third Party Neutral
Disputes over flat fees
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
Supervisory and Subordinate Duties and Liability
Special Responsibilities of Prosecutors
Client Under a Disability
Pay to Play Prohibited
49. 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
Confidentiality Exception:Legal Advice
Factors of reasonableness
Supervisory and Subordinate Duties and Liability
Dealing with Third Persons
50. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Withdrawal: Mandatory
Meretricious and Frivolous Claims
Nonadjudicative Proceedings