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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 prevent the client from committing a crime.
Non-lawyer employees
Implied Authority
Confidentiality Exception:Future Crime
Protecting the Client and Unearned Fees in withdrawal
2. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Attorney Liens
Lawyer's Duties
Concurrent Conflict of Interest
Disputes over flat fees
3. 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
Judge of Third Party Neutral
Solicitation by Direct Mail
Government service after private employment
Implied Authority
4. 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.
Non-lawyer employees
Withdrawal: Permissive
Aggregate settlements and pleas
Information relating to the representation
5. 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
When representation is permitted
Confidentiality Exception:Protect the Lawyer
Business transactions with a client
Potential Conflicts of Interest
6. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Proprietary Interests
Government service after private employment
Firm Names and Designations
Audits and Overdrafts
7. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Dealing with Third Persons
Confidentiality Exception:Court order
Candor to the Tribunal and Adverse Legal Authority
8. 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
Candor to the Tribunal and Adverse Legal Authority
Flat Fees
Non-lawyer employees
Pay to Play Prohibited
9. 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
Nonadjudicative Proceedings
Splitting fees
Prospective Client Conflict Requirements
Limiting Liability
10. If the client is a corporation - the informed consent needs to come from the entity.
Who is the client
Former Clients
Contingent fees
Attorney Liens
11. 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.
Information gained through representation
Lawyer as Witness
Splitting fees
Total fee reasonable
12. 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
Promoting Causes Related to the Administration of Justice
Flat Fees
Dealing with Third Persons
13. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Communication
Reciprocity
Expediting Litigation
Financial assistance
14. 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
Confidentiality Exception:Court Fiduciary
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Effect of Lawyer's termination with a firm
Supervisory and Subordinate Duties and Liability
15. 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:Court Fiduciary
Negotiating for Employment
Physical Evidence
16. 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 gained through representation
Former Clients
In house counsel
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
Multijurisdictional Practice
Information relating to the representation
Emergencies
Supervisory and Subordinate Duties and Liability
18. 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.
Pay to Play Prohibited
Related lawyers
Former Clients
Firm Names and Designations
19. 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
Candor to the Tribunal and Adverse Legal Authority
Allocation of Authority between Lawyer and Client
Concurrent Conflict of Interest
Flat Fees
20. 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).
Allocation of Authority between Lawyer and Client
Proprietary Interests
Special Rules for Government Personnel
Physical Evidence
21. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Partnership with nonlawyers
Lawyer as Witness
Concurrent Conflict of Interest
Prospective Client Confidentiality
22. A lawyer had a duty to expedite litigation.
Client may consent to prospective client conflict
Gifts
Limiting Liability
Expediting Litigation
23. 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
Retainers
Dealing with Third Persons
Limiting Liability
24. 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.
Who is the client
In house counsel
Client Under a Disability
Flat Fees
25. 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..
Trust Account Requirements and Interest
Confidentiality Exception:Protect the Lawyer
False or Misleading Statements
Financial assistance
26. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Accounts
Associating with Other Counsel
Campaigning and Partisan Activity
Negotiating for Employment
27. 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.
Discrimination
Splitting fees
Partnership with nonlawyers
Prospective Client Conflict Requirements
28. 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
Information relating to the representation
False or Misleading Statements
Client Perjury
29. 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
Promoting Causes Related to the Administration of Justice
Imputed Conflicts of interest
Confidentiality Exception:Legal Advice
30. 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
Aiding Unauthorized practice/disbarred Lawyers
Withdrawal: Permissive
Should Report Lawyer and Judicial Misconduct
Specialization and Fields of Practice
31. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
In house counsel
Client Under a Disability
Firm Names and Designations
Promoting Causes Related to the Administration of Justice
32. 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
False or Misleading Statements
Firm Names and Designations
General Requirement for Admission to Practice
Gifts
33. 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
Audits and Overdrafts
Total fee reasonable
Former Clients
Solicitation in Person
34. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Withdrawal Procedure
Special Rules for Government Personnel
Meretricious and Frivolous Claims
Aggregate settlements and pleas
35. 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
Multijurisdictional Practice
Should Report Lawyer and Judicial Misconduct
Time limits of confidentiality
Solicitation by Direct Mail
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
Supervisory and Subordinate Duties and Liability
Candor to the Tribunal and Adverse Legal Authority
Time limits of confidentiality
Campaigning and Partisan Activity
37. 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
Campaigning and Partisan Activity
Prospective Client Conflict Requirements
Trust Account Requirements and Interest
Total fee reasonable
38. 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.
Withdrawal Procedure
Aggregate settlements and pleas
Financial assistance
Contingent fees
39. 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
Special Responsibilities of Prosecutors
Information gained through representation
Pay to Play Prohibited
Contingent fees
40. Direct mailing is allowed - even targeted mailings.
Lawyer as Witness
Solicitation by Direct Mail
Disputes over flat fees
Joining a firm
41. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Confidentiality Exceptions: Death or substantial Bodily Injury
Impropriety and the Appearance of Impropriety
Allocation of Authority between Lawyer and Client
Prospective Client Confidentiality
42. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Physical Evidence
Negotiating for Employment
In house counsel
Client Under a Disability
43. 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.
Prospective Client Conflict Requirements
Proprietary Interests
Sexual relations with a client
Emergencies
44. 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
Who is the client
Campaigning and Partisan Activity
Non-lawyer employees
45. 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.
Withdrawal Procedure
Legal Knowledge and Skill
Communication
Non-lawyer employees
46. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Multijurisdictional Practice
Retainers
Aggregate settlements and pleas
Withdrawal and COI
47. 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.
Government service after private employment
Trial Publicity
Organization as client
Impropriety and the Appearance of Impropriety
48. 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.
Potential Conflicts of Interest
Withdrawal: Mandatory
Informed Consent
Allocation of Authority between Lawyer and Client
49. 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
Accounts
Time limits of confidentiality
Business transactions with a client
Withdrawal: Permissive
50. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Confidentiality Exception:Court order
Flat Fees
Aiding Unauthorized practice/disbarred Lawyers
Nonadjudicative Proceedings