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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.
Meretricious and Frivolous Claims
Promoting Causes Related to the Administration of Justice
Potential Conflicts of Interest
Multijurisdictional Practice
2. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Protecting the Client and Unearned Fees in withdrawal
Potential Conflicts of Interest
False or Misleading Statements
Judge of Third Party Neutral
3. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Prospective Client Confidentiality
Withdrawal Procedure
Confidentiality Exception:Court Fiduciary
Allocation of Authority between Lawyer and Client
4. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Time limits of confidentiality
In house counsel
Joining a firm
Confirmed in writing
5. 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.
Supervisory and Subordinate Duties and Liability
Lawyer as Witness
Time limits of confidentiality
Client Under a Disability
6. 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.
Retainers
General Requirement for Admission to Practice
Information gained through representation
Payment from a third person
7. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
When representation is permitted
Associating with Other Counsel
Candor to the Tribunal and Adverse Legal Authority
Multijurisdictional Practice
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.
Reciprocity
Firm Names and Designations
Impermissible Conduct in Litigation
Specialization and Fields of Practice
9. 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
Communication
Concurrent Conflict of Interest
Audits and Overdrafts
Confidentiality Exceptions: Death or substantial Bodily Injury
10. 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
Should Report Professional Misconduct
When Disqualification Required
Duties re Property of others
Imputed Conflicts of interest
11. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Promoting Causes Related to the Administration of Justice
Concurrent Conflict of Interest
Factors of reasonableness
Confidentiality Exception:Future Crime
12. Direct mailing is allowed - even targeted mailings.
General Requirement for Admission to Practice
Solicitation by Direct Mail
Use by other persons
Government service after private employment
13. 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
Former Clients
Use by other persons
Trial Publicity
14. 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.
Splitting fees
Non-lawyer employees
False or Misleading Statements
Specialization and Fields of Practice
15. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Information gained through representation
Allocation of Authority between Lawyer and Client
Encouragement of Pro Bono
In house counsel
16. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Client property other than money
Concurrent Conflict of Interest
Government service after private employment
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
17. 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
Withdrawal: Permissive
Gifts
Prospective Client Confidentiality
Impropriety and the Appearance of Impropriety
18. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Withdrawal: Permissive
Solicitation by Direct Mail
Former Clients
19. 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
Informed Consent
Associating with Other Counsel
Client Under a Disability
Impropriety and the Appearance of Impropriety
20. 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
Audits and Overdrafts
Negotiating for Employment
Protecting the Client and Unearned Fees in withdrawal
21. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Duty of Subordinate Lawyers
Factors of reasonableness
Confidentiality Exception:Legal Advice
Promoting Causes Related to the Administration of Justice
22. 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
Encouragement of Pro Bono
Partnership with nonlawyers
Aiding Unauthorized practice/disbarred Lawyers
Client Under a Disability
23. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Gifts
Solicitation in Person
Taking a matter up the ladder
Payment from a third person
24. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
When Disqualification Required
Partnership with nonlawyers
Confirmed in writing
Solicitation in Person
25. 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.
Government service after private employment
Who is the client
Lawyer's Duties
Diligence
26. 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.
Business transactions with a client
When representation is permitted
False or Misleading Statements
Trial Publicity
27. 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.
Financial assistance
Confidentiality Exception:Court Fiduciary
Lawyer's Duties
Information relating to the representation
28. A lawyer may reveal information relating to the representation to comply with a court order.
Trial Publicity
Duty of Subordinate Lawyers
Meretricious and Frivolous Claims
Confidentiality Exception:Court order
29. 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
Aiding Unauthorized practice/disbarred Lawyers
Splitting fees
Should Report Lawyer and Judicial Misconduct
Disputes over flat fees
30. 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
Total fee reasonable
Concurrent Conflict of Interest
Retainers
Use by other persons
31. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Informed Consent
Potential Conflicts of Interest
Lawyer's Duties
Joining a firm
32. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Attorney Liens
Campaigning and Partisan Activity
Legal Knowledge and Skill
Limiting Liability
33. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Information relating to the representation
Taking a matter up the ladder
Confidentiality Exceptions: Death or substantial Bodily Injury
Allocation of Authority between Lawyer and Client
34. 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
Physical Evidence
Client may consent to prospective client conflict
Information relating to the representation
35. 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
Joining a firm
Financial assistance
Diligence
Candor to the Tribunal and Adverse Legal Authority
36. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Implied Authority
Sexual relations with a client
Splitting fees
Negotiating for Employment
37. 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..
Confidentiality Exception:Protect the Lawyer
Emergencies
Special Responsibilities of Prosecutors
Prospective Client Confidentiality
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.
Withdrawal Procedure
Promoting Causes Related to the Administration of Justice
Taking a matter up the ladder
Payment from a third person
39. 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.
False or Misleading Statements
Lawyer as Witness
Financial assistance
Total fee reasonable
40. 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
Informed Consent
Discrimination
Should Report Professional Misconduct
Accounts
41. A lawyer has a duty of confidentiality and loyalty.
42. A lawyer shall not charge or collect unreasonable fees or expenses.
Communication
Business transactions with a client
Total fee reasonable
Reciprocity
43. 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.
Disputes over flat fees
Joining a firm
Audits and Overdrafts
Information relating to the representation
44. 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
Confidentiality Exception:Court order
Protecting the Client and Unearned Fees in withdrawal
Physical Evidence
Potential Conflicts of Interest
45. 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
Taking a matter up the ladder
Media rights
Aiding Unauthorized practice/disbarred Lawyers
46. 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
Associating with Other Counsel
Pay to Play Prohibited
Media rights
Prospective Client Confidentiality
47. A lawyer had a duty to expedite litigation.
When representation is permitted
Confidentiality Exceptions: Death or substantial Bodily Injury
Confidentiality Exception:Legal Advice
Expediting Litigation
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
Multijurisdictional Practice
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Confidentiality Exception:Protect the Lawyer
Payment from a third person
49. 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
Government service after private employment
Duties re Property of others
Attorney Liens
Campaigning and Partisan Activity
50. 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.
Confidentiality Exception:Court Fiduciary
Aggregate settlements and pleas
Withdrawal Procedure
Multijurisdictional Practice