SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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 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.
Information relating to the representation
Duties re Property of others
Specialization and Fields of Practice
In house counsel
2. 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
Former Clients
Expediting Litigation
When Disqualification Required
3. 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
Implied Authority
Confidentiality Exceptions: Death or substantial Bodily Injury
Partnership with nonlawyers
Trial Publicity
4. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Audits and Overdrafts
Time limits of confidentiality
Special Responsibilities of Prosecutors
Imputed Conflicts of interest
5. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Confidentiality Exception:Legal Advice
Allocation of Authority between Lawyer and Client
Non-lawyer employees
Duty of Subordinate Lawyers
6. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Gifts
General Requirement for Admission to Practice
Solicitation in Person
Withdrawal and COI
7. 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
Confidentiality Exception:Protect the Lawyer
General Requirement for Admission to Practice
Client Perjury
8. 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.
When Disqualification Required
Financial assistance
Taking a matter up the ladder
Firm Names and Designations
9. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Firm Names and Designations
Audits and Overdrafts
Client Perjury
Meretricious and Frivolous Claims
10. A lawyer has a duty of confidentiality and loyalty.
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
11. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Lawyer's Duties
Informed Consent
Business transactions with a client
Non-lawyer employees
12. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Disputes over flat fees
Trust Account Requirements and Interest
Confidentiality Exception:Future Crime
Special Responsibilities of Prosecutors
13. 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
Protecting the Client and Unearned Fees in withdrawal
Duties re Property of others
Discrimination
14. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
Sexual relations with a client
Information relating to the representation
Lawyer's Duties
15. 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.
Prospective Client Conflict Requirements
Diligence
Retainers
Taking a matter up the ladder
16. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Discrimination
Implied Authority
Disputes over flat fees
Information gained through representation
17. 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
Taking a matter up the ladder
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Financial assistance
Proprietary Interests
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.
Partnership with nonlawyers
Related lawyers
Accounts
Confidentiality Exception:Legal Advice
19. 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.
Related lawyers
Potential Conflicts of Interest
Prospective Client Confidentiality
Confidentiality Exception:Protect the Lawyer
20. 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.
Non-lawyer employees
Withdrawal: Mandatory
Judge of Third Party Neutral
Client may consent to prospective client conflict
21. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Duty of Subordinate Lawyers
Lawyer's Duties
Confirmed in writing
Purchase of a new law practice
22. 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..
Solicitation by Direct Mail
Confidentiality Exception:Protect the Lawyer
Confidentiality Exception:Legal Advice
Contingent fees
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.
Promoting Causes Related to the Administration of Justice
Nonadjudicative Proceedings
Impermissible Conduct in Litigation
Withdrawal: Mandatory
24. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Taking a matter up the ladder
Aiding Unauthorized practice/disbarred Lawyers
Sexual relations with a client
In house counsel
25. 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.
Special Rules for Government Personnel
Meretricious and Frivolous Claims
Aggregate settlements and pleas
In house counsel
26. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Expediting Litigation
Encouragement of Pro Bono
Time limits of confidentiality
Special Rules for Government Personnel
27. 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
Solicitation in Person
Prospective Client Conflict Requirements
Supervisory and Subordinate Duties and Liability
28. 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.
Confidentiality Exception:Future Crime
Proprietary Interests
Audits and Overdrafts
Confidentiality Exception:Court order
29. 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
Confidentiality Exception:Future Crime
Withdrawal: Mandatory
Should Report Professional Misconduct
Effect of Lawyer's termination with a firm
30. 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
Dealing with Third Persons
Multijurisdictional Practice
Trial Publicity
Confidentiality Exceptions: Death or substantial Bodily Injury
31. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Aiding Unauthorized practice/disbarred Lawyers
Judge of Third Party Neutral
Emergencies
Pay to Play Prohibited
32. A judge must disqualify herself when the judge's impartiality can be reasonably questioned on the basis of: personal bias - knowledge of disputed facts - personal or household financial interest - serving as lawyer or witness in the matter - the judg
Payment from a third person
Trust Account Requirements and Interest
Taking a matter up the ladder
When Disqualification Required
33. 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.
Legal Knowledge and Skill
Firm Names and Designations
Informed Consent
Judge of Third Party Neutral
34. 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.
Duty of Subordinate Lawyers
Purchase of a new law practice
Former Clients
Promoting Causes Related to the Administration of Justice
35. 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
Time limits of confidentiality
Protecting the Client and Unearned Fees in withdrawal
When representation is permitted
Retainers
36. 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
Solicitation by Direct Mail
Information relating to the representation
Retainers
Withdrawal: Permissive
37. 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
Withdrawal and COI
Confidentiality Exception:Future Crime
Trust Account Requirements and Interest
38. 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.
Should Report Professional Misconduct
Firm Names and Designations
When representation is not permitted
Withdrawal and COI
39. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Legal Knowledge and Skill
When Disqualification Required
Solicitation in Person
Former Clients
40. 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
Splitting fees
Flat Fees
Confidentiality Exception:Future Crime
Duties re Property of others
41. 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
Client Perjury
Legal Knowledge and Skill
Confidentiality Exception:Court Fiduciary
Communication
42. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Withdrawal and COI
Prospective Client Confidentiality
Attorney Liens
Should Report Lawyer and Judicial Misconduct
43. A lawyer may reveal information relating to the representation to comply with a court order.
Physical Evidence
When Disqualification Required
Confidentiality Exception:Court order
Implied Authority
44. 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
Effect of Lawyer's termination with a firm
Aiding Unauthorized practice/disbarred Lawyers
Judge of Third Party Neutral
Withdrawal: Mandatory
45. 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
Pay to Play Prohibited
Special Responsibilities of Prosecutors
Implied Authority
Joining a firm
46. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Emergencies
In house counsel
Reciprocity
Disputes over flat fees
47. 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.
In house counsel
Use by other persons
Contingent fees
Client Under a Disability
48. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Associating with Other Counsel
Confidentiality Exception:Future Crime
Imputed Conflicts of interest
49. 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
Flat Fees
Attorney Liens
Related lawyers
Gifts
50. A lawyer may never use confidential information to the client's disadvantage.
Confidentiality Exception:Court order
Partnership with nonlawyers
Implied Authority
Information gained through representation