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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 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
Impropriety and the Appearance of Impropriety
Withdrawal: Mandatory
Promoting Causes Related to the Administration of Justice
2. 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
Prospective Client Conflict Requirements
Special Responsibilities of Prosecutors
Flat Fees
Confidentiality Exceptions: Death or substantial Bodily Injury
3. 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.
Solicitation by Direct Mail
Lawyer as Witness
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Total fee reasonable
4. 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
Multijurisdictional Practice
Trial Publicity
Solicitation in Person
5. 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
Expediting Litigation
Legal Knowledge and Skill
Special Rules for Government Personnel
6. 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
Taking a matter up the ladder
Contingent fees
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Expediting Litigation
7. A lawyer may reveal information relating to the representation to prevent - mitigate - or rectify substantial injury to the financial or property interests of another that is reasonably certain to result or has resulted where the client has used the
Nonadjudicative Proceedings
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Contingent fees
Information relating to the representation
8. 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
Campaigning and Partisan Activity
Solicitation by Direct Mail
Client Perjury
9. 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
Purchase of a new law practice
Impropriety and the Appearance of Impropriety
Partnership with nonlawyers
Withdrawal and COI
10. 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.
Taking a matter up the ladder
Proprietary Interests
Should Report Professional Misconduct
Government service after private employment
11. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Confidentiality Exceptions: Death or substantial Bodily Injury
Impermissible Conduct in Litigation
Meretricious and Frivolous Claims
Supervisory and Subordinate Duties and Liability
12. 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.
Sexual relations with a client
Campaigning and Partisan Activity
Effect of Lawyer's termination with a firm
Negotiating for Employment
13. 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
Proprietary Interests
Firm Names and Designations
Multijurisdictional Practice
Withdrawal Procedure
14. 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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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.
Who is the client
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
General Requirement for Admission to Practice
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.
Special Rules for Government Personnel
Client Under a Disability
Confidentiality Exception:Court Fiduciary
Protecting the Client and Unearned Fees in withdrawal
17. 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
Financial assistance
Implied Authority
Impermissible Conduct in Litigation
Splitting fees
18. 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
Protecting the Client and Unearned Fees in withdrawal
Campaigning and Partisan Activity
Impropriety and the Appearance of Impropriety
Legal Knowledge and Skill
19. 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.
Negotiating for Employment
Multijurisdictional Practice
Encouragement of Pro Bono
Trial Publicity
20. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Pay to Play Prohibited
Limiting Liability
Contingent fees
Communication
21. 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.
Emergencies
Information relating to the representation
Withdrawal and COI
Solicitation in Person
22. 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
Client Perjury
Business transactions with a client
Encouragement of Pro Bono
23. A lawyer may never use confidential information to the client's disadvantage.
Limiting Liability
Factors of reasonableness
Contingent fees
Information gained through representation
24. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Multijurisdictional Practice
Gifts
In house counsel
General Requirement for Admission to Practice
25. A lawyer shall not charge or collect unreasonable fees or expenses.
Client property other than money
In house counsel
Allocation of Authority between Lawyer and Client
Total fee reasonable
26. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Attorney Liens
Promoting Causes Related to the Administration of Justice
Aggregate settlements and pleas
Who is the client
27. A lawyer had a duty to expedite litigation.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Multijurisdictional Practice
Expediting Litigation
Confidentiality Exception:Court Fiduciary
28. 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
Solicitation in Person
General Requirement for Admission to Practice
False or Misleading Statements
29. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Lawyer as Witness
Should Report Professional Misconduct
Information relating to the representation
30. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Allocation of Authority between Lawyer and Client
Time limits of confidentiality
Multijurisdictional Practice
Impermissible Conduct in Litigation
31. 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
Multijurisdictional Practice
When representation is permitted
Financial assistance
Flat Fees
32. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Campaigning and Partisan Activity
Duties re Property of others
Specialization and Fields of Practice
33. 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
Lawyer as Witness
Potential Conflicts of Interest
Nonadjudicative Proceedings
Proprietary Interests
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.
Taking a matter up the ladder
Retainers
Expediting Litigation
Related lawyers
35. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Discrimination
Withdrawal: Permissive
Taking a matter up the ladder
Government service after private employment
36. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Government service after private employment
Should Report Professional Misconduct
Specialization and Fields of Practice
Aiding Unauthorized practice/disbarred Lawyers
37. 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
Discrimination
Accounts
Trial Publicity
Flat Fees
38. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Prospective Client Conflict Requirements
Government service after private employment
Withdrawal: Mandatory
Confirmed in writing
39. 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).
Lawyer's Duties
Financial assistance
Aiding Unauthorized practice/disbarred Lawyers
Withdrawal Procedure
40. 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
Duties re Property of others
Partnership with nonlawyers
Judge of Third Party Neutral
Allocation of Authority between Lawyer and Client
41. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Financial assistance
Solicitation in Person
Firm Names and Designations
Prospective Client Confidentiality
42. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Prospective Client Confidentiality
Duties re Property of others
Nonadjudicative Proceedings
Associating with Other Counsel
43. 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.
Physical Evidence
Client may consent to prospective client conflict
Organization as client
Multijurisdictional Practice
44. 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.
Confidentiality Exception:Court order
Withdrawal and COI
Impermissible Conduct in Litigation
Accounts
45. 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.
Protecting the Client and Unearned Fees in withdrawal
Payment from a third person
Contingent fees
Limiting Liability
46. 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
Duty of Subordinate Lawyers
Potential Conflicts of Interest
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Dealing with Third Persons
47. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Client Perjury
In house counsel
Withdrawal and COI
48. 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
When Disqualification Required
Use by other persons
Joining a firm
Client Perjury
49. If the client is a corporation - the informed consent needs to come from the entity.
Duties re Property of others
Who is the client
Emergencies
Sexual relations with a client
50. 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
Factors of reasonableness
Protecting the Client and Unearned Fees in withdrawal
Encouragement of Pro Bono
Media rights