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Professional Responsibility Bar

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. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.






2. 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.






3. A lawyer may never use confidential information to the client's disadvantage.






4. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.






5. 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






6. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.






7. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.






8. 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.






9. 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..






10. 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






11. 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.






12. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.






13. 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.






14. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.






15. 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






16. 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






17. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.






18. 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.






19. 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






20. A lawyer shall not make a false or misleading statement about the lawyer or his services so as to lead a reasonable person to form an unjustified expectation.






21. 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






22. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.






23. 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.






24. A lawyer has a duty of confidentiality and loyalty.

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25. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.






26. 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






27. 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.






28. 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.






29. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.






30. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.






31. 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).






32. 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






33. 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.






34. 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.






35. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.






36. 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.






37. 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






38. 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.






39. 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.






40. 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






41. In person solicitation is generally prohibited unless there is a pre-existing relationship.






42. A lawyer had a duty to expedite litigation.






43. 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






44. 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






45. 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






46. A lawyer shall not charge or collect unreasonable fees or expenses.






47. 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






48. 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.






49. A lawyer must not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if there is a significant risk that the representation will be materially limited by the lawyer's responsi






50. 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