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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 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.
Sexual relations with a client
Protecting the Client and Unearned Fees in withdrawal
Confidentiality Exception:Legal Advice
Use by other persons
2. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Client Under a Disability
Associating with Other Counsel
Special Rules for Government Personnel
Pay to Play Prohibited
3. 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.
When Disqualification Required
Financial assistance
Confirmed in writing
General Requirement for Admission to Practice
4. 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
Limiting Liability
Confidentiality Exceptions: Death or substantial Bodily Injury
Related lawyers
Impropriety and the Appearance of Impropriety
5. 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).
Special Responsibilities of Prosecutors
Special Rules for Government Personnel
Aggregate settlements and pleas
Contingent fees
6. 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
Attorney Liens
Specialization and Fields of Practice
Limiting Liability
Prospective Client Conflict Requirements
7. 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
Judge of Third Party Neutral
Taking a matter up the ladder
Legal Knowledge and Skill
8. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Business transactions with a client
Reciprocity
Factors of reasonableness
Partnership with nonlawyers
9. 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
Concurrent Conflict of Interest
Confidentiality Exception:Court order
Physical Evidence
Contingent fees
10. 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.
Financial assistance
Associating with Other Counsel
Aggregate settlements and pleas
Physical Evidence
11. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Protecting the Client and Unearned Fees in withdrawal
Confidentiality Exception:Future Crime
Campaigning and Partisan Activity
Effect of Lawyer's termination with a firm
12. 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 and COI
Expediting Litigation
Client Perjury
Withdrawal: Mandatory
13. 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
Government service after private employment
Trust Account Requirements and Interest
Campaigning and Partisan Activity
Duties re Property of others
14. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Prospective Client Conflict Requirements
Contingent fees
Government service after private employment
Protecting the Client and Unearned Fees in withdrawal
15. 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.
Diligence
Confidentiality Exception:Protect the Lawyer
Negotiating for Employment
Discrimination
16. 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.
Client Under a Disability
Communication
Client Perjury
Supervisory and Subordinate Duties and Liability
17. 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
Potential Conflicts of Interest
Communication
Confirmed in writing
Audits and Overdrafts
18. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Withdrawal Procedure
Prospective Client Confidentiality
Total fee reasonable
Use by other persons
19. 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.
Information relating to the representation
Partnership with nonlawyers
Accounts
Potential Conflicts of Interest
20. 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
Joining a firm
Should Report Lawyer and Judicial Misconduct
Firm Names and Designations
Business transactions with a client
21. 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
Duty of Subordinate Lawyers
Contingent fees
Meretricious and Frivolous Claims
Retainers
22. 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
Payment from a third person
Splitting fees
Judge of Third Party Neutral
Organization as client
23. 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.
Encouragement of Pro Bono
Media rights
Lawyer as Witness
Negotiating for Employment
24. 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
Solicitation in Person
Partnership with nonlawyers
25. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Communication
Disputes over flat fees
Information relating to the representation
Prospective Client Conflict Requirements
26. 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.
Confidentiality Exception:Future Crime
Impermissible Conduct in Litigation
Informed Consent
Withdrawal: Permissive
27. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Client property other than money
Former Clients
Confidentiality Exceptions: Death or substantial Bodily Injury
Limiting Liability
28. 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
Contingent fees
Pay to Play Prohibited
Audits and Overdrafts
Payment from a third person
29. 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.
Judge of Third Party Neutral
Non-lawyer employees
Effect of Lawyer's termination with a firm
Business transactions with a client
30. 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.
Specialization and Fields of Practice
Confidentiality Exception:Legal Advice
Proprietary Interests
Nonadjudicative Proceedings
31. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Audits and Overdrafts
Lawyer's Duties
Flat Fees
Confirmed in writing
32. Direct mailing is allowed - even targeted mailings.
Confidentiality Exception:Court Fiduciary
Former Clients
Organization as client
Solicitation by Direct Mail
33. 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
Partnership with nonlawyers
In house counsel
Client may consent to prospective client conflict
Who is the client
34. 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
Associating with Other Counsel
Client Perjury
Special Rules for Government Personnel
Confidentiality Exception:Legal Advice
35. A lawyer had a duty to expedite litigation.
Expediting Litigation
Candor to the Tribunal and Adverse Legal Authority
Time limits of confidentiality
Attorney Liens
36. Judges should report actual knowledge of lawyer or judge misconduct
Flat Fees
Should Report Lawyer and Judicial Misconduct
Sexual relations with a client
Related lawyers
37. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Information gained through representation
Promoting Causes Related to the Administration of Justice
Concurrent Conflict of Interest
Meretricious and Frivolous Claims
38. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Duties re Property of others
Campaigning and Partisan Activity
Information relating to the representation
39. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Protecting the Client and Unearned Fees in withdrawal
Trust Account Requirements and Interest
Confidentiality Exception:Court order
Related lawyers
40. 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
Special Rules for Government Personnel
Candor to the Tribunal and Adverse Legal Authority
Aiding Unauthorized practice/disbarred Lawyers
Former Clients
41. 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 property other than money
Client may consent to prospective client conflict
Confidentiality Exceptions: Death or substantial Bodily Injury
Duties re Property of others
42. 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
Imputed Conflicts of interest
Withdrawal: Permissive
When representation is not permitted
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
43. 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.
Allocation of Authority between Lawyer and Client
Supervisory and Subordinate Duties and Liability
Former Clients
Sexual relations with a client
44. 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
Use by other persons
Factors of reasonableness
Supervisory and Subordinate Duties and Liability
Former Clients
45. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Candor to the Tribunal and Adverse Legal Authority
General Requirement for Admission to Practice
Lawyer as Witness
Confidentiality Exception:Legal Advice
46. 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
Former Clients
Special Responsibilities of Prosecutors
Imputed Conflicts of interest
47. 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.
Proprietary Interests
Client Perjury
When representation is not permitted
Non-lawyer employees
48. Lawyer shall not have sex with a current client unless a consensual sexual relationship existed prior to the attorney-client relationship. Other members of the firm may represent the client.
Joining a firm
Sexual relations with a client
Informed Consent
Legal Knowledge and Skill
49. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Organization as client
Financial assistance
Former Clients
Confidentiality Exception:Protect the Lawyer
50. 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
Campaigning and Partisan Activity
Client property other than money
Impropriety and the Appearance of Impropriety
Confidentiality Exception:Legal Advice