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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 judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Duties re Property of others
Meretricious and Frivolous Claims
Total fee reasonable
Promoting Causes Related to the Administration of Justice
2. A lawyer must not take a matter the lawyer is not competent to handle unless the lawyer can become competent without unreasonable expense or delay to the client.
Information gained through representation
Former Clients
Legal Knowledge and Skill
Confirmed in writing
3. 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
Information relating to the representation
Implied Authority
Withdrawal: Permissive
Financial assistance
4. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Sexual relations with a client
Confidentiality Exception:Future Crime
Allocation of Authority between Lawyer and Client
Client property other than money
5. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Future Crime
Candor to the Tribunal and Adverse Legal Authority
Reciprocity
6. 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.
When representation is not permitted
Business transactions with a client
Lawyer as Witness
When Disqualification Required
7. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Informed Consent
Prospective Client Confidentiality
Protecting the Client and Unearned Fees in withdrawal
Aiding Unauthorized practice/disbarred Lawyers
8. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Imputed Conflicts of interest
Information gained through representation
Duty of Subordinate Lawyers
Flat Fees
9. 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
Legal Knowledge and Skill
Financial assistance
Supervisory and Subordinate Duties and Liability
10. 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.
Client Perjury
Media rights
Negotiating for Employment
Encouragement of Pro Bono
11. A lawyer may never use confidential information to the client's disadvantage.
Taking a matter up the ladder
Judge of Third Party Neutral
Information gained through representation
Confidentiality Exception:Court Fiduciary
12. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Communication
Solicitation in Person
Confidentiality Exception:Future Crime
Promoting Causes Related to the Administration of Justice
13. 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
Who is the client
Limiting Liability
Allocation of Authority between Lawyer and Client
Partnership with nonlawyers
14. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Who is the client
Meretricious and Frivolous Claims
Withdrawal: Permissive
General Requirement for Admission to Practice
15. A lawyer may reveal information relating to the representation to comply with a court order.
Promoting Causes Related to the Administration of Justice
Non-lawyer employees
Legal Knowledge and Skill
Confidentiality Exception:Court order
16. If the client is a corporation - the informed consent needs to come from the entity.
Former Clients
Who is the client
Proprietary Interests
Confidentiality Exception:Court order
17. 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
General Requirement for Admission to Practice
Former Clients
Taking a matter up the ladder
Judge of Third Party Neutral
18. 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
Organization as client
Partnership with nonlawyers
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Should Report Lawyer and Judicial Misconduct
19. 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
Time limits of confidentiality
Flat Fees
Business transactions with a client
20. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Time limits of confidentiality
Protecting the Client and Unearned Fees in withdrawal
Sexual relations with a client
Solicitation in Person
21. 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
Attorney Liens
Special Responsibilities of Prosecutors
Contingent fees
22. 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
Legal Knowledge and Skill
Confidentiality Exceptions: Death or substantial Bodily Injury
Client may consent to prospective client conflict
23. 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.
Reciprocity
Diligence
Government service after private employment
Contingent fees
24. 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
Dealing with Third Persons
Withdrawal and COI
Partnership with nonlawyers
25. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Impropriety and the Appearance of Impropriety
Trust Account Requirements and Interest
Retainers
Duties re Property of others
26. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Impropriety and the Appearance of Impropriety
Financial assistance
Client Under a Disability
Specialization and Fields of Practice
27. Direct mailing is allowed - even targeted mailings.
Non-lawyer employees
Protecting the Client and Unearned Fees in withdrawal
Solicitation by Direct Mail
Withdrawal and COI
28. 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
Implied Authority
Confidentiality Exceptions: Death or substantial Bodily Injury
Promoting Causes Related to the Administration of Justice
29. A lawyer shall not charge or collect unreasonable fees or expenses.
Retainers
Aiding Unauthorized practice/disbarred Lawyers
Total fee reasonable
Reciprocity
30. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
When representation is permitted
Client may consent to prospective client conflict
Confirmed in writing
Concurrent Conflict of Interest
31. 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.
Confidentiality Exception:Court Fiduciary
Information relating to the representation
Media rights
Meretricious and Frivolous Claims
32. 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.
Who is the client
Payment from a third person
Special Responsibilities of Prosecutors
Supervisory and Subordinate Duties and Liability
33. 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
Prospective Client Conflict Requirements
Government service after private employment
Lawyer as Witness
Who is the client
34. 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).
Purchase of a new law practice
Pay to Play Prohibited
Expediting Litigation
Withdrawal Procedure
35. 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.
Firm Names and Designations
Information gained through representation
When representation is not permitted
Confidentiality Exceptions: Death or substantial Bodily Injury
36. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Total fee reasonable
Client may consent to prospective client conflict
Confidentiality Exceptions: Death or substantial Bodily Injury
Implied Authority
37. 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.
Aggregate settlements and pleas
Pay to Play Prohibited
Sexual relations with a client
Associating with Other Counsel
38. 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.
Media rights
Organization as client
Encouragement of Pro Bono
Prospective Client Confidentiality
39. 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.
Government service after private employment
Confidentiality Exception:Court Fiduciary
Aiding Unauthorized practice/disbarred Lawyers
When representation is not permitted
40. 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
Should Report Lawyer and Judicial Misconduct
Client Perjury
Solicitation in Person
Prospective Client Conflict Requirements
41. 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.
Taking a matter up the ladder
Judge of Third Party Neutral
Discrimination
Lawyer as Witness
42. 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.
Prospective Client Conflict Requirements
Client Under a Disability
Gifts
Special Responsibilities of Prosecutors
43. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Aiding Unauthorized practice/disbarred Lawyers
Who is the client
Prospective Client Confidentiality
Attorney Liens
44. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Confidentiality Exceptions: Death or substantial Bodily Injury
False or Misleading Statements
Aiding Unauthorized practice/disbarred Lawyers
Specialization and Fields of Practice
45. 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
Legal Knowledge and Skill
Aiding Unauthorized practice/disbarred Lawyers
Special Rules for Government Personnel
46. 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
Firm Names and Designations
Sexual relations with a client
Informed Consent
Special Responsibilities of Prosecutors
47. Lawyers have a duty to expedite litigation - act in a timely manner - and not neglect cases. A lawyer should manage her caseload so there is enough time to effectively represent all her clients.
Related lawyers
Diligence
Should Report Lawyer and Judicial Misconduct
Withdrawal: Mandatory
48. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Non-lawyer employees
Organization as client
Should Report Professional Misconduct
49. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Information relating to the representation
Promoting Causes Related to the Administration of Justice
Disputes over flat fees
In house counsel
50. 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
Reciprocity
Pay to Play Prohibited
Lawyer as Witness
Flat Fees