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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 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
Pay to Play Prohibited
Encouragement of Pro Bono
Withdrawal: Mandatory
Total fee reasonable
2. 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.
Candor to the Tribunal and Adverse Legal Authority
Splitting fees
Client Under a Disability
Impermissible Conduct in Litigation
3. 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..
Allocation of Authority between Lawyer and Client
Specialization and Fields of Practice
Duty of Subordinate Lawyers
Confidentiality Exception:Protect the Lawyer
4. A lawyer may reveal information relating to the representation to inform a tribunal about any client's breach of fiduciary responsibility when the client is serving as a court appointed fiduciary.
Informed Consent
Special Rules for Government Personnel
Partnership with nonlawyers
Confidentiality Exception:Court Fiduciary
5. Direct mailing is allowed - even targeted mailings.
Joining a firm
Protecting the Client and Unearned Fees in withdrawal
Solicitation by Direct Mail
In house counsel
6. Knowledge of physical evidence is protected by duty of confidentiality - physical possession of evidence must be preserved in the condition it was received in and turn it over while protecting the client's identity and other confidential information.
Supervisory and Subordinate Duties and Liability
Physical Evidence
In house counsel
Confidentiality Exception:Legal Advice
7. 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
Negotiating for Employment
Sexual relations with a client
Contingent fees
8. 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.
When Disqualification Required
Aiding Unauthorized practice/disbarred Lawyers
Confirmed in writing
Proprietary Interests
9. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Impropriety and the Appearance of Impropriety
General Requirement for Admission to Practice
Withdrawal: Permissive
10. 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.
Sexual relations with a client
Accounts
Candor to the Tribunal and Adverse Legal Authority
Solicitation in Person
11. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Firm Names and Designations
Information gained through representation
Client Under a Disability
Confidentiality Exception:Future Crime
12. 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
Flat Fees
Time limits of confidentiality
Special Rules for Government Personnel
Campaigning and Partisan Activity
13. To be admitted to practice in WA - you must: be a graduate of an ABA approved law school - complete the WSBA clerkship program - or through reciprocity AND be of good moral character.
General Requirement for Admission to Practice
Protecting the Client and Unearned Fees in withdrawal
Withdrawal and COI
Withdrawal: Permissive
14. 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
Campaigning and Partisan Activity
Withdrawal: Permissive
Factors of reasonableness
Diligence
15. A lawyer has a duty of confidentiality and loyalty.
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16. 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.
Flat Fees
Impropriety and the Appearance of Impropriety
Aggregate settlements and pleas
Dealing with Third Persons
17. 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.
Supervisory and Subordinate Duties and Liability
Confidentiality Exception:Future Crime
Information relating to the representation
Impermissible Conduct in Litigation
18. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Aggregate settlements and pleas
Judge of Third Party Neutral
Confidentiality Exceptions: Death or substantial Bodily Injury
Informed Consent
19. 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
Organization as client
Aggregate settlements and pleas
Partnership with nonlawyers
Withdrawal: Permissive
20. 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.
Trust Account Requirements and Interest
Trial Publicity
Lawyer as Witness
Impropriety and the Appearance of Impropriety
21. 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
Time limits of confidentiality
Multijurisdictional Practice
Taking a matter up the ladder
Gifts
22. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Disputes over flat fees
Withdrawal and COI
In house counsel
Audits and Overdrafts
23. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Trust Account Requirements and Interest
Emergencies
Client may consent to prospective client conflict
Government service after private employment
24. 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.
Who is the client
Disputes over flat fees
Negotiating for Employment
Imputed Conflicts of interest
25. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Confidentiality Exception:Court order
Expediting Litigation
Solicitation by Direct Mail
Financial assistance
26. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Duties re Property of others
Implied Authority
Candor to the Tribunal and Adverse Legal Authority
27. 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
Potential Conflicts of Interest
Information relating to the representation
In house counsel
Business transactions with a client
28. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Candor to the Tribunal and Adverse Legal Authority
Organization as client
Business transactions with a client
Prospective Client Confidentiality
29. 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.
Withdrawal: Mandatory
Solicitation by Direct Mail
Business transactions with a client
False or Misleading Statements
30. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Client Perjury
Associating with Other Counsel
Media rights
Dealing with Third Persons
31. 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.
Disputes over flat fees
Organization as client
Sexual relations with a client
Confidentiality Exception:Future Crime
32. 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.
Specialization and Fields of Practice
Confidentiality Exception:Protect the Lawyer
Pay to Play Prohibited
Confidentiality Exception:Legal Advice
33. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Negotiating for Employment
Meretricious and Frivolous Claims
Physical Evidence
Trust Account Requirements and Interest
34. Judges should report actual knowledge of lawyer or judge misconduct
Multijurisdictional Practice
Should Report Lawyer and Judicial Misconduct
Solicitation in Person
Factors of reasonableness
35. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Supervisory and Subordinate Duties and Liability
Withdrawal and COI
In house counsel
Aggregate settlements and pleas
36. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Sexual relations with a client
In house counsel
Protecting the Client and Unearned Fees in withdrawal
Associating with Other Counsel
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
Media rights
Impermissible Conduct in Litigation
Trust Account Requirements and Interest
Splitting fees
38. 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
Prospective Client Conflict Requirements
Prospective Client Confidentiality
Gifts
39. 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.
Informed Consent
Client property other than money
Payment from a third person
Confirmed in writing
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
Supervisory and Subordinate Duties and Liability
Specialization and Fields of Practice
Negotiating for Employment
Legal Knowledge and Skill
41. 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.
Special Responsibilities of Prosecutors
Non-lawyer employees
Solicitation in Person
Media rights
42. 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.
Financial assistance
Taking a matter up the ladder
Informed Consent
Legal Knowledge and Skill
43. 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).
Solicitation in Person
Former Clients
Special Rules for Government Personnel
Organization as client
44. 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
Related lawyers
Business transactions with a client
Accounts
Financial assistance
45. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Confirmed in writing
False or Misleading Statements
Related lawyers
Implied Authority
46. 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.
Client property other than money
Confirmed in writing
Business transactions with a client
Information relating to the representation
47. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Withdrawal Procedure
Allocation of Authority between Lawyer and Client
Prospective Client Conflict Requirements
Imputed Conflicts of interest
48. 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
Client property other than money
Supervisory and Subordinate Duties and Liability
Meretricious and Frivolous Claims
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
49. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Flat Fees
Supervisory and Subordinate Duties and Liability
Aiding Unauthorized practice/disbarred Lawyers
Client Under a Disability
50. 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.
Meretricious and Frivolous Claims
Organization as client
False or Misleading Statements
Confidentiality Exception:Court order