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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 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
Confidentiality Exception:Future Crime
Sexual relations with a client
Confidentiality Exception:Court Fiduciary
Duty of Subordinate Lawyers
2. 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
Judge of Third Party Neutral
Use by other persons
Media rights
Communication
3. 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.
Concurrent Conflict of Interest
Withdrawal: Mandatory
Pay to Play Prohibited
Solicitation by Direct Mail
4. 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.
Lawyer's Duties
Confidentiality Exceptions: Death or substantial Bodily Injury
Trial Publicity
Client property other than money
5. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Lawyer's Duties
Confidentiality Exception:Legal Advice
Specialization and Fields of Practice
6. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Disputes over flat fees
Trial Publicity
Implied Authority
Joining a firm
7. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
In house counsel
Purchase of a new law practice
Splitting fees
Lawyer's Duties
8. 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
Legal Knowledge and Skill
Specialization and Fields of Practice
Supervisory and Subordinate Duties and Liability
Withdrawal and COI
9. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Protecting the Client and Unearned Fees in withdrawal
Should Report Professional Misconduct
Diligence
Confidentiality Exception:Future Crime
10. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Associating with Other Counsel
Dealing with Third Persons
Solicitation in Person
When representation is permitted
11. 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
Limiting Liability
Solicitation in Person
Purchase of a new law practice
12. 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.
Taking a matter up the ladder
Use by other persons
Reciprocity
Trial Publicity
13. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Confidentiality Exceptions: Death or substantial Bodily Injury
Specialization and Fields of Practice
Duties re Property of others
Joining a firm
14. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Promoting Causes Related to the Administration of Justice
Imputed Conflicts of interest
Confidentiality Exceptions: Death or substantial Bodily Injury
Media rights
15. 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.
Information relating to the representation
Candor to the Tribunal and Adverse Legal Authority
Non-lawyer employees
Client Under a Disability
16. 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
Business transactions with a client
Prospective Client Conflict Requirements
Disputes over flat fees
Information relating to the representation
17. 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.
Impermissible Conduct in Litigation
Accounts
Should Report Lawyer and Judicial Misconduct
Time limits of confidentiality
18. 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
Pay to Play Prohibited
Splitting fees
Confidentiality Exception:Court order
Allocation of Authority between Lawyer and Client
19. 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.
Specialization and Fields of Practice
Limiting Liability
Legal Knowledge and Skill
Confidentiality Exceptions: Death or substantial Bodily Injury
20. 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
Encouragement of Pro Bono
Time limits of confidentiality
Proprietary Interests
Duties re Property of others
21. WSBA does spot audits on trust accounts and a lawyer can be disciplined for improper accounting even if no funds are missing. The lawyer must make provision with the financial institution to have any overdraft notices sent to the WSBA
When representation is permitted
Information gained through representation
When Disqualification Required
Audits and Overdrafts
22. 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
Flat Fees
Factors of reasonableness
When representation is not permitted
When Disqualification Required
23. 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.
Organization as client
Client Perjury
Negotiating for Employment
Aggregate settlements and pleas
24. 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
In house counsel
Reciprocity
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Trust Account Requirements and Interest
25. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Meretricious and Frivolous Claims
Contingent fees
Concurrent Conflict of Interest
26. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal and COI
General Requirement for Admission to Practice
Factors of reasonableness
Informed Consent
27. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Confirmed in writing
Withdrawal and COI
Associating with Other Counsel
Confidentiality Exception:Legal Advice
28. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Implied Authority
Promoting Causes Related to the Administration of Justice
Meretricious and Frivolous Claims
Prospective Client Conflict Requirements
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
Partnership with nonlawyers
Proprietary Interests
Impermissible Conduct in Litigation
Purchase of a new law practice
30. 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).
Withdrawal: Permissive
Withdrawal and COI
Special Rules for Government Personnel
Withdrawal Procedure
31. 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
Effect of Lawyer's termination with a firm
Flat Fees
Joining a firm
Taking a matter up the ladder
32. 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
Trust Account Requirements and Interest
Splitting fees
Should Report Lawyer and Judicial Misconduct
Prospective Client Conflict Requirements
33. 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
Duties re Property of others
Discrimination
Organization as client
34. 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.
Contingent fees
Firm Names and Designations
In house counsel
Factors of reasonableness
35. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Communication
Aiding Unauthorized practice/disbarred Lawyers
Who is the client
Discrimination
36. 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
Informed Consent
Effect of Lawyer's termination with a firm
Disputes over flat fees
37. 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.
Total fee reasonable
Financial assistance
Taking a matter up the ladder
Physical Evidence
38. Direct mailing is allowed - even targeted mailings.
Former Clients
Solicitation by Direct Mail
Pay to Play Prohibited
Confidentiality Exception:Future Crime
39. 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.
Lawyer as Witness
Prospective Client Confidentiality
Encouragement of Pro Bono
Implied Authority
40. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Expediting Litigation
Solicitation by Direct Mail
Encouragement of Pro Bono
Reciprocity
41. 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
Meretricious and Frivolous Claims
Dealing with Third Persons
Duty of Subordinate Lawyers
42. 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
Duties re Property of others
In house counsel
Trial Publicity
43. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Allocation of Authority between Lawyer and Client
Multijurisdictional Practice
Confidentiality Exception:Court order
Confirmed in writing
44. 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
When representation is permitted
Organization as client
When representation is not permitted
Client Perjury
45. 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:Preventing - Mitigating - and rectifying crime or fraud
Media rights
Judge of Third Party Neutral
46. 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
Should Report Professional Misconduct
Flat Fees
Client Under a Disability
Confirmed in writing
47. 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
When Disqualification Required
Media rights
Prospective Client Confidentiality
Multijurisdictional Practice
48. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Purchase of a new law practice
Concurrent Conflict of Interest
Financial assistance
Time limits of confidentiality
49. 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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50. 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
Should Report Professional Misconduct
Use by other persons
Firm Names and Designations