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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 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
Contingent fees
Gifts
Negotiating for Employment
Confidentiality Exceptions: Death or substantial Bodily Injury
2. 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
Negotiating for Employment
Factors of reasonableness
Withdrawal Procedure
Related lawyers
3. 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
Impermissible Conduct in Litigation
Candor to the Tribunal and Adverse Legal Authority
Special Responsibilities of Prosecutors
Contingent fees
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.
Payment from a third person
Solicitation in Person
Client property other than money
Duty of Subordinate Lawyers
5. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Client Perjury
Imputed Conflicts of interest
Allocation of Authority between Lawyer and Client
Implied Authority
6. 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.
Pay to Play Prohibited
Withdrawal and COI
Concurrent Conflict of Interest
Client Under a Disability
7. 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.
Special Rules for Government Personnel
Associating with Other Counsel
Accounts
Withdrawal: Permissive
8. 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.
Financial assistance
When representation is not permitted
Confidentiality Exception:Court Fiduciary
Information relating to the representation
9. 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
Aggregate settlements and pleas
Promoting Causes Related to the Administration of Justice
Government service after private employment
10. 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
Use by other persons
Negotiating for Employment
Client Perjury
Confidentiality Exceptions: Death or substantial Bodily Injury
11. 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
Prospective Client Confidentiality
Sexual relations with a client
Lawyer's Duties
Taking a matter up the ladder
12. 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
Effect of Lawyer's termination with a firm
Solicitation in Person
Business transactions with a client
Campaigning and Partisan Activity
13. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Limiting Liability
Non-lawyer employees
Taking a matter up the ladder
Disputes over flat fees
14. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Confirmed in writing
Organization as client
Factors of reasonableness
Associating with Other Counsel
15. 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
Effect of Lawyer's termination with a firm
Confidentiality Exception:Future Crime
Duty of Subordinate Lawyers
Lawyer's Duties
16. 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.
Associating with Other Counsel
Should Report Lawyer and Judicial Misconduct
Confidentiality Exception:Court Fiduciary
Promoting Causes Related to the Administration of Justice
17. 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
Withdrawal: Permissive
Confidentiality Exception:Court Fiduciary
Expediting Litigation
18. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Proprietary Interests
Implied Authority
Emergencies
Retainers
19. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Meretricious and Frivolous Claims
Lawyer's Duties
Legal Knowledge and Skill
Informed Consent
20. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Effect of Lawyer's termination with a firm
Should Report Professional Misconduct
Financial assistance
Audits and Overdrafts
21. 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).
Confidentiality Exceptions: Death or substantial Bodily Injury
Withdrawal Procedure
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Lawyer's Duties
22. 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
Confidentiality Exception:Protect the Lawyer
Flat Fees
Aggregate settlements and pleas
Multijurisdictional Practice
23. 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
Confidentiality Exception:Legal Advice
Allocation of Authority between Lawyer and Client
Client Under a Disability
24. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Should Report Professional Misconduct
Promoting Causes Related to the Administration of Justice
Communication
Media rights
25. 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
Legal Knowledge and Skill
Concurrent Conflict of Interest
Solicitation in Person
Aiding Unauthorized practice/disbarred Lawyers
26. A lawyer shall not charge or collect unreasonable fees or expenses.
Confidentiality Exception:Protect the Lawyer
Specialization and Fields of Practice
Concurrent Conflict of Interest
Total fee reasonable
27. 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
General Requirement for Admission to Practice
Withdrawal Procedure
Flat Fees
Partnership with nonlawyers
28. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Impermissible Conduct in Litigation
Encouragement of Pro Bono
Special Responsibilities of Prosecutors
False or Misleading Statements
29. 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.
Impropriety and the Appearance of Impropriety
Withdrawal and COI
Retainers
Lawyer as Witness
30. 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
Gifts
Who is the client
Government service after private employment
Special Responsibilities of Prosecutors
31. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Solicitation in Person
Total fee reasonable
Withdrawal and COI
Communication
32. 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.
Client may consent to prospective client conflict
Emergencies
Flat Fees
Withdrawal: Mandatory
33. 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.
Duty of Subordinate Lawyers
Aggregate settlements and pleas
Lawyer's Duties
Former Clients
34. 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
Time limits of confidentiality
Prospective Client Conflict Requirements
Payment from a third person
Solicitation by Direct Mail
35. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Withdrawal: Permissive
Taking a matter up the ladder
Protecting the Client and Unearned Fees in withdrawal
Government service after private employment
36. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Splitting fees
Allocation of Authority between Lawyer and Client
In house counsel
Multijurisdictional Practice
37. 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
Media rights
Prospective Client Confidentiality
Client Perjury
38. 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.
Should Report Lawyer and Judicial Misconduct
Discrimination
Attorney Liens
Expediting Litigation
39. 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.
When representation is permitted
Confidentiality Exception:Future Crime
Organization as client
Supervisory and Subordinate Duties and Liability
40. 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
Partnership with nonlawyers
False or Misleading Statements
Withdrawal Procedure
41. 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.
Taking a matter up the ladder
Physical Evidence
Aggregate settlements and pleas
Media rights
42. 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.
Duties re Property of others
False or Misleading Statements
Solicitation in Person
Client property other than money
43. 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
Joining a firm
When Disqualification Required
When representation is permitted
Confidentiality Exception:Future Crime
44. 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.
Encouragement of Pro Bono
Payment from a third person
Splitting fees
Reciprocity
45. 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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46. 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.
Diligence
Impropriety and the Appearance of Impropriety
Confidentiality Exception:Court Fiduciary
Informed Consent
47. 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
Diligence
Aggregate settlements and pleas
Withdrawal: Permissive
Reciprocity
48. 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
Informed Consent
Multijurisdictional Practice
Confidentiality Exception:Future Crime
Client Perjury
49. 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.
When representation is permitted
Retainers
Imputed Conflicts of interest
Firm Names and Designations
50. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Diligence
Candor to the Tribunal and Adverse Legal Authority
Dealing with Third Persons
Government service after private employment