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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 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
Trial Publicity
Time limits of confidentiality
Withdrawal: Permissive
Duties re Property of others
2. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Expediting Litigation
Related lawyers
Prospective Client Confidentiality
In house counsel
3. 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.
Total fee reasonable
Lawyer as Witness
Proprietary Interests
Confidentiality Exception:Court Fiduciary
4. 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.
Proprietary Interests
Firm Names and Designations
Special Rules for Government Personnel
Allocation of Authority between Lawyer and Client
5. 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
Solicitation in Person
Joining a firm
When representation is permitted
Taking a matter up the ladder
6. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Splitting fees
Promoting Causes Related to the Administration of Justice
Client Perjury
Protecting the Client and Unearned Fees in withdrawal
7. 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
When representation is permitted
Encouragement of Pro Bono
Should Report Lawyer and Judicial Misconduct
Client may consent to prospective client conflict
8. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Negotiating for Employment
Dealing with Third Persons
Physical Evidence
Information gained through representation
9. 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
When representation is not permitted
Meretricious and Frivolous Claims
Proprietary Interests
10. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exceptions: Death or substantial Bodily Injury
Communication
Factors of reasonableness
Solicitation by Direct Mail
11. 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
Concurrent Conflict of Interest
Pay to Play Prohibited
Business transactions with a client
Related lawyers
12. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Client Perjury
Withdrawal: Mandatory
Client may consent to prospective client conflict
Effect of Lawyer's termination with a firm
13. 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
Campaigning and Partisan Activity
Lawyer as Witness
Client may consent to prospective client conflict
14. 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.
Limiting Liability
Withdrawal and COI
Pay to Play Prohibited
Trial Publicity
15. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Concurrent Conflict of Interest
Associating with Other Counsel
Gifts
Meretricious and Frivolous Claims
16. 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
Impropriety and the Appearance of Impropriety
Sexual relations with a client
Accounts
17. 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
Confidentiality Exception:Legal Advice
Dealing with Third Persons
Supervisory and Subordinate Duties and Liability
Special Responsibilities of Prosecutors
18. 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.
Accounts
Media rights
Disputes over flat fees
Business transactions with a client
19. A lawyer has a duty of confidentiality and loyalty.
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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.
Impropriety and the Appearance of Impropriety
Informed Consent
Client Perjury
General Requirement for Admission to Practice
21. 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
General Requirement for Admission to Practice
Joining a firm
Expediting Litigation
22. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Business transactions with a client
Confidentiality Exception:Legal Advice
Audits and Overdrafts
Legal Knowledge and Skill
23. 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
Client may consent to prospective client conflict
Factors of reasonableness
Encouragement of Pro Bono
Confirmed in writing
24. 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.
Confirmed in writing
Contingent fees
Client property other than money
Supervisory and Subordinate Duties and Liability
25. 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
Former Clients
Encouragement of Pro Bono
Retainers
Pay to Play Prohibited
26. A lawyer had a duty to expedite litigation.
Attorney Liens
Pay to Play Prohibited
Expediting Litigation
False or Misleading Statements
27. 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.
Reciprocity
Emergencies
In house counsel
Physical Evidence
28. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Special Rules for Government Personnel
Informed Consent
Specialization and Fields of Practice
Limiting Liability
29. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Impermissible Conduct in Litigation
Associating with Other Counsel
Implied Authority
Special Responsibilities of Prosecutors
30. 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.
Organization as client
Sexual relations with a client
Impropriety and the Appearance of Impropriety
Client Perjury
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.
Withdrawal: Permissive
Special Rules for Government Personnel
Confidentiality Exception:Court Fiduciary
Time limits of confidentiality
32. 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.
Taking a matter up the ladder
Confidentiality Exception:Protect the Lawyer
Former Clients
Emergencies
33. 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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34. A lawyer shall not represent a client in a matter directly adverse to a client represented by a related lawyer - unless client gives informed written consent and the representation is not a concurrent conflict.
Accounts
Trust Account Requirements and Interest
Related lawyers
Concurrent Conflict of Interest
35. 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).
Information gained through representation
Effect of Lawyer's termination with a firm
Splitting fees
Special Rules for Government Personnel
36. 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
Dealing with Third Persons
Multijurisdictional Practice
Time limits of confidentiality
When Disqualification Required
37. If the client is a corporation - the informed consent needs to come from the entity.
When representation is permitted
Nonadjudicative Proceedings
Who is the client
Should Report Lawyer and Judicial Misconduct
38. 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..
Withdrawal and COI
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Confidentiality Exception:Protect the Lawyer
Prospective Client Confidentiality
39. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Diligence
Attorney Liens
Lawyer's Duties
Potential Conflicts of Interest
40. 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.
When representation is permitted
Media rights
In house counsel
Special Responsibilities of Prosecutors
41. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Allocation of Authority between Lawyer and Client
Duties re Property of others
Purchase of a new law practice
42. 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.
Aiding Unauthorized practice/disbarred Lawyers
Former Clients
Business transactions with a client
Non-lawyer employees
43. A lawyer may never use confidential information to the client's disadvantage.
Multijurisdictional Practice
Contingent fees
Media rights
Information gained through representation
44. 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
Supervisory and Subordinate Duties and Liability
Proprietary Interests
Purchase of a new law practice
45. A lawyer shall not charge or collect unreasonable fees or expenses.
Total fee reasonable
Should Report Lawyer and Judicial Misconduct
Client Perjury
Reciprocity
46. 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
Protecting the Client and Unearned Fees in withdrawal
Informed Consent
Concurrent Conflict of Interest
Retainers
47. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Expediting Litigation
Withdrawal and COI
Contingent fees
Solicitation in Person
48. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Proprietary Interests
Nonadjudicative Proceedings
Client Perjury
False or Misleading Statements
49. A lawyer may reveal information relating to the representation to comply with a court order.
Sexual relations with a client
Confidentiality Exception:Court order
Campaigning and Partisan Activity
Total fee reasonable
50. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Government service after private employment
Aiding Unauthorized practice/disbarred Lawyers
Emergencies
Solicitation in Person