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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. 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
Purchase of a new law practice
Specialization and Fields of Practice
Attorney Liens
Special Responsibilities of Prosecutors
2. 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
Withdrawal and COI
Allocation of Authority between Lawyer and Client
Pay to Play Prohibited
Potential Conflicts of Interest
3. 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.
Client may consent to prospective client conflict
Confidentiality Exceptions: Death or substantial Bodily Injury
Who is the client
Impermissible Conduct in Litigation
4. 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
Information gained through representation
Concurrent Conflict of Interest
Potential Conflicts of Interest
When representation is not permitted
5. 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.
Who is the client
Meretricious and Frivolous Claims
Government service after private employment
Aggregate settlements and pleas
6. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Informed Consent
In house counsel
Communication
Factors of reasonableness
7. A lawyer had a duty to expedite litigation.
Should Report Professional Misconduct
Negotiating for Employment
Expediting Litigation
Firm Names and Designations
8. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Related lawyers
Duties re Property of others
Confidentiality Exception:Future Crime
Supervisory and Subordinate Duties and Liability
9. 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.
Pay to Play Prohibited
Financial assistance
Related lawyers
Specialization and Fields of Practice
10. A lawyer may never use confidential information to the client's disadvantage.
Accounts
Information gained through representation
Solicitation in Person
Trial Publicity
11. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Former Clients
Protecting the Client and Unearned Fees in withdrawal
In house counsel
Emergencies
12. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exceptions: Death or substantial Bodily Injury
Multijurisdictional Practice
Time limits of confidentiality
Encouragement of Pro Bono
13. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Negotiating for Employment
Information relating to the representation
Aiding Unauthorized practice/disbarred Lawyers
14. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Withdrawal and COI
Government service after private employment
Accounts
Prospective Client Confidentiality
15. 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.
Non-lawyer employees
Trial Publicity
Sexual relations with a client
General Requirement for Admission to Practice
16. 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.
Confidentiality Exceptions: Death or substantial Bodily Injury
Emergencies
Withdrawal: Mandatory
Prospective Client Confidentiality
17. 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.
Judge of Third Party Neutral
Related lawyers
Business transactions with a client
Special Responsibilities of Prosecutors
18. A lawyer has a duty of confidentiality and loyalty.
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19. 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
Duty of Subordinate Lawyers
Partnership with nonlawyers
Expediting Litigation
Confirmed in writing
20. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Information relating to the representation
Discrimination
Special Rules for Government Personnel
Implied Authority
21. 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.
Physical Evidence
Confidentiality Exception:Protect the Lawyer
Retainers
Firm Names and Designations
22. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Prospective Client Conflict Requirements
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Protecting the Client and Unearned Fees in withdrawal
23. 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.
Negotiating for Employment
Aiding Unauthorized practice/disbarred Lawyers
Specialization and Fields of Practice
When Disqualification Required
24. 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
False or Misleading Statements
Confidentiality Exception:Protect the Lawyer
Special Responsibilities of Prosecutors
25. If the matter is in litigation - the lawyer must obtain the tribunal's permission to withdraw. State court requires a notice of intent with a minimum of 10 days notice (effective if no objection).
Withdrawal Procedure
Client Under a Disability
Impermissible Conduct in Litigation
Business transactions with a client
26. Judge has a duty of fair campaigning. Judge cannot make pledges or promises about how a judge will rule in a case. Judges cannot participate in partisan events except for judicial campaigns. Judges cannot personally solicit campaign donations except
Flat Fees
Campaigning and Partisan Activity
Retainers
Emergencies
27. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Trial Publicity
Limiting Liability
Confidentiality Exception:Future Crime
Duties re Property of others
28. 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
Retainers
Flat Fees
Implied Authority
Contingent fees
29. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Splitting fees
When Disqualification Required
30. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Potential Conflicts of Interest
Imputed Conflicts of interest
Pay to Play Prohibited
Limiting Liability
31. 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.
Implied Authority
Financial assistance
Solicitation in Person
Proprietary Interests
32. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Retainers
Supervisory and Subordinate Duties and Liability
Special Rules for Government Personnel
Financial assistance
33. 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
Business transactions with a client
Confidentiality Exceptions: Death or substantial Bodily Injury
Retainers
Time limits of confidentiality
34. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Trust Account Requirements and Interest
Communication
Nonadjudicative Proceedings
Disputes over flat fees
35. 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
Trust Account Requirements and Interest
Impermissible Conduct in Litigation
Multijurisdictional Practice
36. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Lawyer as Witness
Government service after private employment
Discrimination
Contingent fees
37. 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
Reciprocity
Financial assistance
Lawyer as Witness
Potential Conflicts of Interest
38. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Promoting Causes Related to the Administration of Justice
Non-lawyer employees
Purchase of a new law practice
Taking a matter up the ladder
39. Judge must avoid impropriety and the appearance of impropriety - no ex parte contact - no taking gifts - limited public comment about pending cases - no court experts except with notice to the parties - no use of confidential information obtained as
Impropriety and the Appearance of Impropriety
Business transactions with a client
Confidentiality Exception:Protect the Lawyer
Confidentiality Exception:Future Crime
40. 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
Contingent fees
Splitting fees
Time limits of confidentiality
When representation is permitted
41. 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
Government service after private employment
Should Report Professional Misconduct
Campaigning and Partisan Activity
Financial assistance
42. 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
Confirmed in writing
Firm Names and Designations
Contingent fees
43. 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).
Encouragement of Pro Bono
Special Rules for Government Personnel
Audits and Overdrafts
Prospective Client Confidentiality
44. 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.
Client Under a Disability
Related lawyers
Payment from a third person
Client property other than money
45. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Physical Evidence
Solicitation in Person
Reciprocity
Solicitation by Direct Mail
46. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Factors of reasonableness
Withdrawal: Mandatory
Aiding Unauthorized practice/disbarred Lawyers
47. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Reciprocity
Should Report Professional Misconduct
Duties re Property of others
Communication
48. 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.
Confirmed in writing
Discrimination
Nonadjudicative Proceedings
Proprietary Interests
49. 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
Impropriety and the Appearance of Impropriety
Use by other persons
Physical Evidence
Candor to the Tribunal and Adverse Legal Authority
50. 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.
Sexual relations with a client
Associating with Other Counsel
Reciprocity
Contingent fees