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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. 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.
Withdrawal and COI
Diligence
Splitting fees
Aggregate settlements and pleas
2. A lawyer shall not charge or collect unreasonable fees or expenses.
Dealing with Third Persons
Total fee reasonable
Supervisory and Subordinate Duties and Liability
Lawyer as Witness
3. 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.
Sexual relations with a client
Special Responsibilities of Prosecutors
Promoting Causes Related to the Administration of Justice
Accounts
4. 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
Withdrawal Procedure
Confidentiality Exception:Future Crime
Campaigning and Partisan Activity
Should Report Professional Misconduct
5. 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
Implied Authority
Expediting Litigation
Supervisory and Subordinate Duties and Liability
Concurrent Conflict of Interest
6. 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
Confidentiality Exception:Protect the Lawyer
Business transactions with a client
Should Report Professional Misconduct
Pay to Play Prohibited
7. 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
Impermissible Conduct in Litigation
Withdrawal and COI
Splitting fees
Prospective Client Conflict Requirements
8. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Sexual relations with a client
Information gained through representation
9. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Client Perjury
Withdrawal and COI
Reciprocity
Who is the client
10. 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
Attorney Liens
Negotiating for Employment
Trust Account Requirements and Interest
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
11. 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.
Prospective Client Conflict Requirements
Former Clients
Contingent fees
Negotiating for Employment
12. 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.
Impermissible Conduct in Litigation
Impropriety and the Appearance of Impropriety
Who is the client
Allocation of Authority between Lawyer and Client
13. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Financial assistance
Partnership with nonlawyers
Dealing with Third Persons
Promoting Causes Related to the Administration of Justice
14. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Information relating to the representation
Reciprocity
Media rights
False or Misleading Statements
15. Time and labor required; novelty and difficulty of the questions and issues involved; skill required to perform the legal service; likelihood that the acceptance of the particular employment will preclude other employment; fee customarily charged; am
Retainers
Factors of reasonableness
Supervisory and Subordinate Duties and Liability
Confidentiality Exception:Court Fiduciary
16. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
Factors of reasonableness
Diligence
Implied Authority
17. 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.
Financial assistance
Lawyer's Duties
Promoting Causes Related to the Administration of Justice
Payment from a third person
18. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Campaigning and Partisan Activity
Confidentiality Exceptions: Death or substantial Bodily Injury
Aiding Unauthorized practice/disbarred Lawyers
Confirmed in writing
19. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Information relating to the representation
General Requirement for Admission to Practice
Allocation of Authority between Lawyer and Client
Reciprocity
20. 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.
Taking a matter up the ladder
False or Misleading Statements
Allocation of Authority between Lawyer and Client
Imputed Conflicts of interest
21. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Prospective Client Conflict Requirements
Emergencies
Special Responsibilities of Prosecutors
Solicitation in Person
22. 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.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Firm Names and Designations
Duty of Subordinate Lawyers
Audits and Overdrafts
23. A lawyer has a duty of confidentiality and loyalty.
24. 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
Payment from a third person
Confidentiality Exception:Future Crime
When representation is permitted
Solicitation by Direct Mail
25. 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.
Legal Knowledge and Skill
Supervisory and Subordinate Duties and Liability
Joining a firm
Client Perjury
26. 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
Withdrawal: Permissive
Audits and Overdrafts
When Disqualification Required
Negotiating for Employment
27. 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.
Aiding Unauthorized practice/disbarred Lawyers
Pay to Play Prohibited
Flat Fees
Former Clients
28. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Solicitation by Direct Mail
Trust Account Requirements and Interest
Legal Knowledge and Skill
29. 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
Multijurisdictional Practice
Non-lawyer employees
Should Report Professional Misconduct
Splitting fees
30. To be admitted to practice in WA - you must: be a graduate of an ABA approved law school - complete the WSBA clerkship program - or through reciprocity AND be of good moral character.
Campaigning and Partisan Activity
General Requirement for Admission to Practice
Supervisory and Subordinate Duties and Liability
Implied Authority
31. 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
Total fee reasonable
Withdrawal and COI
Potential Conflicts of Interest
32. 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.
Trial Publicity
Candor to the Tribunal and Adverse Legal Authority
Protecting the Client and Unearned Fees in withdrawal
Communication
33. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Organization as client
Duties re Property of others
Dealing with Third Persons
Withdrawal Procedure
34. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Flat Fees
Client Under a Disability
Special Rules for Government Personnel
35. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Discrimination
Information relating to the representation
Emergencies
Prospective Client Conflict Requirements
36. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Impermissible Conduct in Litigation
When Disqualification Required
Imputed Conflicts of interest
Prospective Client Conflict Requirements
37. 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.
Sexual relations with a client
Confidentiality Exception:Court Fiduciary
Emergencies
Withdrawal: Permissive
38. 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.
Dealing with Third Persons
Client Under a Disability
Duties re Property of others
Joining a firm
39. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Proprietary Interests
Meretricious and Frivolous Claims
Joining a firm
40. 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
Reciprocity
Purchase of a new law practice
Special Rules for Government Personnel
Lawyer as Witness
41. 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
Gifts
Negotiating for Employment
Flat Fees
Business transactions with a client
42. 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
When representation is not permitted
Client Perjury
Impropriety and the Appearance of Impropriety
Potential Conflicts of Interest
43. 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
Confidentiality Exception:Court Fiduciary
Physical Evidence
Confidentiality Exceptions: Death or substantial Bodily Injury
Time limits of confidentiality
44. 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.
False or Misleading Statements
Withdrawal: Mandatory
Factors of reasonableness
Aggregate settlements and pleas
45. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Withdrawal: Permissive
In house counsel
Related lawyers
When representation is not permitted
46. 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..
Confirmed in writing
Protecting the Client and Unearned Fees in withdrawal
Confidentiality Exception:Protect the Lawyer
Taking a matter up the ladder
47. 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
Sexual relations with a client
Proprietary Interests
Client Perjury
48. 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
Pay to Play Prohibited
Withdrawal: Permissive
Allocation of Authority between Lawyer and Client
Implied Authority
49. Judges should report actual knowledge of lawyer or judge misconduct
Accounts
Proprietary Interests
Supervisory and Subordinate Duties and Liability
Should Report Lawyer and Judicial Misconduct
50. 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.
Withdrawal: Permissive
Informed Consent
Trial Publicity
Client property other than money