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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 reveal information relating to the representation to secure legal advice about ethical violations.
Special Rules for Government Personnel
Retainers
Audits and Overdrafts
Confidentiality Exception:Legal Advice
2. 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
Physical Evidence
Impermissible Conduct in Litigation
Proprietary Interests
3. 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
Who is the client
Promoting Causes Related to the Administration of Justice
Lawyer as Witness
4. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Client may consent to prospective client conflict
Solicitation in Person
Withdrawal: Permissive
5. 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
Government service after private employment
Dealing with Third Persons
Diligence
Duty of Subordinate Lawyers
6. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Impermissible Conduct in Litigation
Solicitation by Direct Mail
Accounts
Confidentiality Exceptions: Death or substantial Bodily Injury
7. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Proprietary Interests
Lawyer's Duties
Business transactions with a client
In house counsel
8. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Multijurisdictional Practice
Campaigning and Partisan Activity
Disputes over flat fees
Former Clients
9. 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.
False or Misleading Statements
Judge of Third Party Neutral
Client property other than money
Retainers
10. Judges should report actual knowledge of lawyer or judge misconduct
Client property other than money
Supervisory and Subordinate Duties and Liability
Should Report Lawyer and Judicial Misconduct
Organization as client
11. 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
Discrimination
Withdrawal Procedure
Purchase of a new law practice
Client may consent to prospective client conflict
12. 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
Prospective Client Confidentiality
Solicitation in Person
Retainers
13. A lawyer has a duty of confidentiality and loyalty.
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14. 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
Prospective Client Confidentiality
Factors of reasonableness
Partnership with nonlawyers
Should Report Professional Misconduct
15. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Who is the client
Former Clients
Reciprocity
Promoting Causes Related to the Administration of Justice
16. 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.
When representation is not permitted
Financial assistance
Lawyer as Witness
Trust Account Requirements and Interest
17. 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
Informed Consent
Aggregate settlements and pleas
Time limits of confidentiality
When representation is permitted
18. 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.
General Requirement for Admission to Practice
Contingent fees
Solicitation in Person
Should Report Lawyer and Judicial Misconduct
19. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Contingent fees
Judge of Third Party Neutral
Withdrawal Procedure
Aiding Unauthorized practice/disbarred Lawyers
20. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Dealing with Third Persons
Judge of Third Party Neutral
General Requirement for Admission to Practice
21. 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
Discrimination
Business transactions with a client
Should Report Lawyer and Judicial Misconduct
Taking a matter up the ladder
22. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Who is the client
Allocation of Authority between Lawyer and Client
Non-lawyer employees
Confidentiality Exception:Future Crime
23. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal and COI
Sexual relations with a client
Encouragement of Pro Bono
Audits and Overdrafts
24. 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
Audits and Overdrafts
Dealing with Third Persons
Sexual relations with a client
25. If the client is a corporation - the informed consent needs to come from the entity.
Who is the client
Client Under a Disability
Legal Knowledge and Skill
Encouragement of Pro Bono
26. 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
Reciprocity
Retainers
Business transactions with a client
Emergencies
27. A lawyer may reveal information relating to the representation to comply with a court order.
Splitting fees
Confidentiality Exception:Court order
Financial assistance
Should Report Professional Misconduct
28. 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
Who is the client
Emergencies
Candor to the Tribunal and Adverse Legal Authority
Pay to Play Prohibited
29. 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..
Information relating to the representation
Confidentiality Exception:Protect the Lawyer
Communication
Should Report Professional Misconduct
30. 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
Trial Publicity
Discrimination
Pay to Play Prohibited
Partnership with nonlawyers
31. 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
Business transactions with a client
Joining a firm
Confidentiality Exception:Court Fiduciary
Sexual relations with a client
32. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Nonadjudicative Proceedings
Client Under a Disability
Allocation of Authority between Lawyer and Client
33. 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
Payment from a third person
Joining a firm
Physical Evidence
Legal Knowledge and Skill
34. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Confidentiality Exception:Protect the Lawyer
Physical Evidence
Concurrent Conflict of Interest
35. 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
Prospective Client Conflict Requirements
Associating with Other Counsel
Lawyer as Witness
36. 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 gained through representation
Solicitation by Direct Mail
Gifts
Information relating to the representation
37. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Client may consent to prospective client conflict
Dealing with Third Persons
Communication
Trial Publicity
38. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Factors of reasonableness
Attorney Liens
Withdrawal and COI
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
39. 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
Informed Consent
Discrimination
Confidentiality Exception:Future Crime
Potential Conflicts of Interest
40. Direct mailing is allowed - even targeted mailings.
Effect of Lawyer's termination with a firm
Solicitation by Direct Mail
Withdrawal: Mandatory
Audits and Overdrafts
41. 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
Gifts
Potential Conflicts of Interest
Campaigning and Partisan Activity
Withdrawal: Mandatory
42. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Payment from a third person
Communication
Discrimination
Meretricious and Frivolous Claims
43. 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).
Physical Evidence
Aggregate settlements and pleas
Firm Names and Designations
Withdrawal Procedure
44. A lawyer shall not charge or collect unreasonable fees or expenses.
Total fee reasonable
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Government service after private employment
Duty of Subordinate Lawyers
45. 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.
Media rights
Taking a matter up the ladder
Who is the client
When representation is permitted
46. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Business transactions with a client
Client may consent to prospective client conflict
Supervisory and Subordinate Duties and Liability
Prospective Client Confidentiality
47. 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.
Promoting Causes Related to the Administration of Justice
Former Clients
Nonadjudicative Proceedings
Contingent fees
48. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Promoting Causes Related to the Administration of Justice
Confidentiality Exception:Future Crime
Confidentiality Exception:Court order
Client property other than money
49. 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.
Government service after private employment
Use by other persons
Non-lawyer employees
Candor to the Tribunal and Adverse Legal Authority
50. 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.
Lawyer's Duties
Negotiating for Employment
Duty of Subordinate Lawyers
Sexual relations with a client