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 shall not charge or collect unreasonable fees or expenses.
Emergencies
Imputed Conflicts of interest
Total fee reasonable
Proprietary Interests
2. 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.
Lawyer as Witness
Former Clients
Firm Names and Designations
Withdrawal: Permissive
3. 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
Withdrawal and COI
Time limits of confidentiality
Information gained through representation
Implied Authority
4. 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.
Proprietary Interests
Non-lawyer employees
Campaigning and Partisan Activity
Accounts
5. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Concurrent Conflict of Interest
Flat Fees
Withdrawal and COI
Associating with Other Counsel
6. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
Lawyer's Duties
Reciprocity
Factors of reasonableness
7. 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.
Former Clients
Supervisory and Subordinate Duties and Liability
Impermissible Conduct in Litigation
Meretricious and Frivolous Claims
8. 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
Audits and Overdrafts
Nonadjudicative Proceedings
Use by other persons
9. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Prospective Client Confidentiality
Should Report Professional Misconduct
Candor to the Tribunal and Adverse Legal Authority
10. 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.
Impropriety and the Appearance of Impropriety
Impermissible Conduct in Litigation
Emergencies
Negotiating for Employment
11. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Associating with Other Counsel
Contingent fees
Government service after private employment
12. 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
Firm Names and Designations
Lawyer as Witness
Informed Consent
13. 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.
Confidentiality Exception:Court order
Judge of Third Party Neutral
Campaigning and Partisan Activity
Information relating to the representation
14. 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.
Associating with Other Counsel
Withdrawal and COI
Sexual relations with a client
Taking a matter up the ladder
15. 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
Joining a firm
Withdrawal and COI
Negotiating for Employment
Limiting Liability
16. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Media rights
Imputed Conflicts of interest
Diligence
Confidentiality Exception:Protect the Lawyer
17. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Judge of Third Party Neutral
Disputes over flat fees
Former Clients
Joining a firm
18. 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
Flat Fees
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Information relating to the representation
19. 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
Purchase of a new law practice
Promoting Causes Related to the Administration of Justice
Campaigning and Partisan Activity
Concurrent Conflict of Interest
20. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Accounts
Encouragement of Pro Bono
Pay to Play Prohibited
Potential Conflicts of Interest
21. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Flat Fees
Time limits of confidentiality
Meretricious and Frivolous Claims
Associating with Other Counsel
22. 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:Legal Advice
Gifts
Should Report Professional Misconduct
Duties re Property of others
23. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Splitting fees
Protecting the Client and Unearned Fees in withdrawal
Client may consent to prospective client conflict
Potential Conflicts of Interest
24. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Confidentiality Exception:Court order
Nonadjudicative Proceedings
Flat Fees
Client Under a Disability
25. 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
Business transactions with a client
Taking a matter up the ladder
Trial Publicity
Withdrawal and COI
26. 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
Time limits of confidentiality
Imputed Conflicts of interest
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Protecting the Client and Unearned Fees in withdrawal
27. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Lawyer as Witness
Supervisory and Subordinate Duties and Liability
Protecting the Client and Unearned Fees in withdrawal
Duties re Property of others
28. 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
General Requirement for Admission to Practice
Audits and Overdrafts
Special Rules for Government Personnel
Flat Fees
29. 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.
Diligence
Nonadjudicative Proceedings
Prospective Client Confidentiality
Client Perjury
30. 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
Media rights
Solicitation by Direct Mail
Candor to the Tribunal and Adverse Legal Authority
Contingent fees
31. 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
Should Report Professional Misconduct
General Requirement for Admission to Practice
Trust Account Requirements and Interest
Financial assistance
32. 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
Limiting Liability
When Disqualification Required
Pay to Play Prohibited
Related lawyers
33. 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
Who is the client
Promoting Causes Related to the Administration of Justice
Negotiating for Employment
34. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Expediting Litigation
Splitting fees
Client property other than money
Emergencies
35. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Confidentiality Exception:Court Fiduciary
Dealing with Third Persons
Firm Names and Designations
Candor to the Tribunal and Adverse Legal Authority
36. 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
37. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Discrimination
False or Misleading Statements
Withdrawal: Mandatory
38. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
General Requirement for Admission to Practice
Physical Evidence
Factors of reasonableness
Promoting Causes Related to the Administration of Justice
39. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Special Rules for Government Personnel
Non-lawyer employees
Client Under a Disability
40. 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
Government service after private employment
Aggregate settlements and pleas
Supervisory and Subordinate Duties and Liability
Contingent fees
41. 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.
Firm Names and Designations
Client Under a Disability
Prospective Client Confidentiality
Negotiating for Employment
42. 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.
Accounts
Contingent fees
In house counsel
Confidentiality Exception:Court order
43. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Sexual relations with a client
Confidentiality Exceptions: Death or substantial Bodily Injury
Proprietary Interests
Reciprocity
44. 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.
Aggregate settlements and pleas
Who is the client
Associating with Other Counsel
Business transactions with a client
45. 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.
Time limits of confidentiality
Allocation of Authority between Lawyer and Client
Associating with Other Counsel
Discrimination
46. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Former Clients
Payment from a third person
Aggregate settlements and pleas
Attorney Liens
47. 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.
Confidentiality Exception:Court order
Concurrent Conflict of Interest
Client property other than money
Candor to the Tribunal and Adverse Legal Authority
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.
Diligence
Allocation of Authority between Lawyer and Client
Expediting Litigation
Withdrawal: Mandatory
49. 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.
Use by other persons
Specialization and Fields of Practice
Accounts
Nonadjudicative Proceedings
50. 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.
Withdrawal: Permissive
Client Under a Disability
Client Perjury
Concurrent Conflict of Interest