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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 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
Duty of Subordinate Lawyers
Related lawyers
Lawyer's Duties
2. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Business transactions with a client
Payment from a third person
Aiding Unauthorized practice/disbarred Lawyers
Confirmed in writing
3. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Supervisory and Subordinate Duties and Liability
Financial assistance
Confidentiality Exception:Court order
Prospective Client Confidentiality
4. 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.
Who is the client
Diligence
Firm Names and Designations
Joining a firm
5. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Confidentiality Exception:Court Fiduciary
Non-lawyer employees
Organization as client
6. 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
Withdrawal: Mandatory
Promoting Causes Related to the Administration of Justice
Total fee reasonable
7. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Candor to the Tribunal and Adverse Legal Authority
Trial Publicity
Former Clients
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
Associating with Other Counsel
Business transactions with a client
Pay to Play Prohibited
Promoting Causes Related to the Administration of Justice
9. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Client may consent to prospective client conflict
Negotiating for Employment
Potential Conflicts of Interest
Confidentiality Exception:Legal Advice
10. If the client is a corporation - the informed consent needs to come from the entity.
Withdrawal Procedure
Audits and Overdrafts
Who is the client
Imputed Conflicts of interest
11. 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.
Special Rules for Government Personnel
Physical Evidence
Purchase of a new law practice
Sexual relations with a client
12. 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
Withdrawal Procedure
Joining a firm
Campaigning and Partisan Activity
13. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Specialization and Fields of Practice
Should Report Professional Misconduct
Limiting Liability
Partnership with nonlawyers
14. 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
Firm Names and Designations
Splitting fees
Accounts
15. A lawyer is responsible for the actions of nonlegal personnel if the conduct of such persons would be in violation of the RPC if engaged in by the lawyer and the lawyer orders or ratifies the conduct.
Expediting Litigation
Confidentiality Exception:Legal Advice
Firm Names and Designations
Non-lawyer employees
16. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Aggregate settlements and pleas
Supervisory and Subordinate Duties and Liability
Reciprocity
17. 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.
Aiding Unauthorized practice/disbarred Lawyers
Duty of Subordinate Lawyers
Confidentiality Exception:Future Crime
Specialization and Fields of Practice
18. 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
Judge of Third Party Neutral
Accounts
Partnership with nonlawyers
19. 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.
Diligence
Confidentiality Exception:Court Fiduciary
Client Under a Disability
Solicitation in Person
20. 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.
General Requirement for Admission to Practice
Payment from a third person
Prospective Client Conflict Requirements
Physical Evidence
21. 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
Expediting Litigation
Special Responsibilities of Prosecutors
Business transactions with a client
Protecting the Client and Unearned Fees in withdrawal
22. Judges should report actual knowledge of lawyer or judge misconduct
Allocation of Authority between Lawyer and Client
Should Report Lawyer and Judicial Misconduct
Aiding Unauthorized practice/disbarred Lawyers
Informed Consent
23. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
In house counsel
Duty of Subordinate Lawyers
Emergencies
Confidentiality Exception:Protect the Lawyer
24. 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
Related lawyers
Confidentiality Exception:Court Fiduciary
Withdrawal: Permissive
25. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Taking a matter up the ladder
Potential Conflicts of Interest
Impermissible Conduct in Litigation
Disputes over flat fees
26. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Time limits of confidentiality
Contingent fees
Prospective Client Conflict Requirements
Allocation of Authority between Lawyer and Client
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
Joining a firm
Imputed Conflicts of interest
Disputes over flat fees
28. 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
Former Clients
When representation is permitted
Taking a matter up the ladder
Factors of reasonableness
29. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Joining a firm
Pay to Play Prohibited
Prospective Client Confidentiality
Candor to the Tribunal and Adverse Legal Authority
30. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Confidentiality Exception:Court Fiduciary
Implied Authority
Client Under a Disability
Informed Consent
31. 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.
Former Clients
Impermissible Conduct in Litigation
Effect of Lawyer's termination with a firm
Confidentiality Exception:Court Fiduciary
32. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Government service after private employment
Retainers
Prospective Client Confidentiality
Reciprocity
33. 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.
Candor to the Tribunal and Adverse Legal Authority
Lawyer as Witness
Limiting Liability
Concurrent Conflict of Interest
34. 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
Effect of Lawyer's termination with a firm
Impermissible Conduct in Litigation
Impropriety and the Appearance of Impropriety
35. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Protecting the Client and Unearned Fees in withdrawal
Implied Authority
Withdrawal and COI
Lawyer's Duties
36. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Confidentiality Exceptions: Death or substantial Bodily Injury
Communication
Sexual relations with a client
Promoting Causes Related to the Administration of Justice
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
Related lawyers
Impermissible Conduct in Litigation
Potential Conflicts of Interest
Multijurisdictional Practice
38. 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
Accounts
Confidentiality Exception:Future Crime
Withdrawal: Permissive
Pay to Play Prohibited
39. 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).
Confidentiality Exception:Future Crime
Negotiating for Employment
Special Rules for Government Personnel
Former Clients
40. 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
Lawyer's Duties
Impropriety and the Appearance of Impropriety
Trust Account Requirements and Interest
Duties re Property of others
41. 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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42. 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
When representation is not permitted
Dealing with Third Persons
When representation is permitted
43. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Communication
Business transactions with a client
Concurrent Conflict of Interest
44. 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.
Flat Fees
Organization as client
Confidentiality Exception:Protect the Lawyer
Impermissible Conduct in Litigation
45. 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.
Joining a firm
Prospective Client Confidentiality
Proprietary Interests
Dealing with Third Persons
46. 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
Disputes over flat fees
Media rights
Promoting Causes Related to the Administration of Justice
Should Report Professional Misconduct
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
Confidentiality Exception:Court order
Special Rules for Government Personnel
Firm Names and Designations
48. 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
Lawyer's Duties
Emergencies
Judge of Third Party Neutral
Duty of Subordinate Lawyers
49. 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.
Duties re Property of others
Financial assistance
Diligence
Former Clients
50. A lawyer shall not charge or collect unreasonable fees or expenses.
Should Report Professional Misconduct
Specialization and Fields of Practice
Joining a firm
Total fee reasonable