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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 representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Promoting Causes Related to the Administration of Justice
Nonadjudicative Proceedings
Meretricious and Frivolous Claims
Withdrawal Procedure
2. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Promoting Causes Related to the Administration of Justice
Confidentiality Exception:Protect the Lawyer
Imputed Conflicts of interest
Solicitation in Person
3. A lawyer may share information relating to the representation with: employees and firm members - disclosure is necessary for administrative purposes; and for evaluation for use by third persons.
Use by other persons
Duty of Subordinate Lawyers
Nonadjudicative Proceedings
Negotiating for Employment
4. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Withdrawal and COI
Implied Authority
Disputes over flat fees
Diligence
5. 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
Supervisory and Subordinate Duties and Liability
Partnership with nonlawyers
Impropriety and the Appearance of Impropriety
Impermissible Conduct in Litigation
6. 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.
Limiting Liability
Confidentiality Exceptions: Death or substantial Bodily Injury
Diligence
Protecting the Client and Unearned Fees in withdrawal
7. 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).
Lawyer as Witness
Legal Knowledge and Skill
Client Perjury
Special Rules for Government Personnel
8. 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
Diligence
Payment from a third person
Special Rules for Government Personnel
9. 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
Multijurisdictional Practice
Prospective Client Conflict Requirements
Gifts
Physical Evidence
10. Judges should report actual knowledge of lawyer or judge misconduct
Client may consent to prospective client conflict
Meretricious and Frivolous Claims
Should Report Lawyer and Judicial Misconduct
Implied Authority
11. 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.
Nonadjudicative Proceedings
Information relating to the representation
Trial Publicity
Withdrawal: Mandatory
12. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Media rights
Prospective Client Confidentiality
Former Clients
13. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Audits and Overdrafts
Negotiating for Employment
Confidentiality Exception:Legal Advice
Allocation of Authority between Lawyer and Client
14. 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).
Aiding Unauthorized practice/disbarred Lawyers
When representation is not permitted
Discrimination
Withdrawal Procedure
15. 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
Information gained through representation
When representation is not permitted
Duty of Subordinate Lawyers
16. 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
Special Responsibilities of Prosecutors
Duty of Subordinate Lawyers
Effect of Lawyer's termination with a firm
17. 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..
Former Clients
Reciprocity
Confidentiality Exception:Protect the Lawyer
Effect of Lawyer's termination with a firm
18. 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
Specialization and Fields of Practice
Factors of reasonableness
Proprietary Interests
19. 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:Protect the Lawyer
Special Responsibilities of Prosecutors
Meretricious and Frivolous Claims
Withdrawal Procedure
20. 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
Communication
Retainers
Firm Names and Designations
Withdrawal: Permissive
21. 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.
False or Misleading Statements
Audits and Overdrafts
Discrimination
Former Clients
22. 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.
Informed Consent
Prospective Client Confidentiality
Confirmed in writing
Client Under a Disability
23. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Government service after private employment
Protecting the Client and Unearned Fees in withdrawal
Duties re Property of others
False or Misleading Statements
24. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Withdrawal: Mandatory
Confidentiality Exceptions: Death or substantial Bodily Injury
Lawyer's Duties
Client property other than money
25. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Limiting Liability
Meretricious and Frivolous Claims
Effect of Lawyer's termination with a firm
Solicitation by Direct Mail
26. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
When representation is not permitted
Client Perjury
Financial assistance
27. 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
Flat Fees
Contingent fees
Aiding Unauthorized practice/disbarred Lawyers
Confirmed in writing
28. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Implied Authority
Informed Consent
Nonadjudicative Proceedings
29. A lawyer has a duty of confidentiality and loyalty.
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30. Fee splitting with a nonlawyer is NOT allowed. Lawyer may split fees with a lawyer outside the firm if the fee is split in proportion to the work done or each lawyer assumes joint responsibility. Client must give informed consent (amount received by
Splitting fees
Aiding Unauthorized practice/disbarred Lawyers
Negotiating for Employment
Contingent fees
31. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Impermissible Conduct in Litigation
Government service after private employment
Non-lawyer employees
Duties re Property of others
32. 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
Confidentiality Exception:Court order
Trial Publicity
Impropriety and the Appearance of Impropriety
33. 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
Former Clients
Judge of Third Party Neutral
Splitting fees
34. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Potential Conflicts of Interest
Multijurisdictional Practice
Judge of Third Party Neutral
Withdrawal and COI
35. 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.
Impermissible Conduct in Litigation
Proprietary Interests
Encouragement of Pro Bono
Lawyer's Duties
36. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Limiting Liability
Factors of reasonableness
Government service after private employment
Dealing with Third Persons
37. 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.
Impropriety and the Appearance of Impropriety
Legal Knowledge and Skill
Confidentiality Exception:Court order
Proprietary Interests
38. Prior to conclusion of representation - a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights on information relating to the representation.
Special Responsibilities of Prosecutors
Media rights
Physical Evidence
Time limits of confidentiality
39. 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.
Lawyer's Duties
False or Misleading Statements
Implied Authority
Reciprocity
40. 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
Expediting Litigation
Confidentiality Exception:Court order
Special Rules for Government Personnel
41. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Confidentiality Exception:Future Crime
Lawyer's Duties
Duty of Subordinate Lawyers
42. 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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43. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
When representation is permitted
Aggregate settlements and pleas
General Requirement for Admission to Practice
Reciprocity
44. 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
Expediting Litigation
Payment from a third person
Potential Conflicts of Interest
Encouragement of Pro Bono
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.
Business transactions with a client
Duties re Property of others
Payment from a third person
Special Responsibilities of Prosecutors
46. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Diligence
Non-lawyer employees
Limiting Liability
Imputed Conflicts of interest
47. 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.
Negotiating for Employment
Should Report Lawyer and Judicial Misconduct
Disputes over flat fees
Client property other than money
48. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Firm Names and Designations
Impropriety and the Appearance of Impropriety
Gifts
Imputed Conflicts of interest
49. 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
Legal Knowledge and Skill
False or Misleading Statements
Purchase of a new law practice
Reciprocity
50. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Financial assistance
Taking a matter up the ladder
Disputes over flat fees