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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. When a lawyer leaves a firm - the firm is not prohibited from representing a client with interests materially adverse to those of a client represented by a former lawyer unless (1) it is a same or substantially related matter - or 2) any remaining la
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2. 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).
Withdrawal Procedure
Should Report Lawyer and Judicial Misconduct
Joining a firm
Judge of Third Party Neutral
3. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Business transactions with a client
Pay to Play Prohibited
Reciprocity
Limiting Liability
4. 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.
Joining a firm
Impropriety and the Appearance of Impropriety
Should Report Professional Misconduct
Non-lawyer employees
5. 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
Confidentiality Exception:Court order
Confidentiality Exception:Legal Advice
Confidentiality Exception:Protect the Lawyer
Client Perjury
6. If the client is a corporation - the informed consent needs to come from the entity.
Lawyer's Duties
Who is the client
Withdrawal: Mandatory
Total fee reasonable
7. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Media rights
Organization as client
Disputes over flat fees
8. A lawyer has a duty of confidentiality and loyalty.
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9. 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
Meretricious and Frivolous Claims
Should Report Professional Misconduct
Informed Consent
Allocation of Authority between Lawyer and Client
10. 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
Non-lawyer employees
Confidentiality Exception:Court Fiduciary
Supervisory and Subordinate Duties and Liability
Trial Publicity
11. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Imputed Conflicts of interest
Disputes over flat fees
Implied Authority
Taking a matter up the ladder
12. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Flat Fees
Judge of Third Party Neutral
Imputed Conflicts of interest
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
When representation is permitted
Candor to the Tribunal and Adverse Legal Authority
Firm Names and Designations
Government service after private employment
14. 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
Proprietary Interests
False or Misleading Statements
Retainers
Lawyer as Witness
15. 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).
Special Rules for Government Personnel
Taking a matter up the ladder
Financial assistance
Trial Publicity
16. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Candor to the Tribunal and Adverse Legal Authority
Sexual relations with a client
Splitting fees
17. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal and COI
Audits and Overdrafts
General Requirement for Admission to Practice
Retainers
18. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Payment from a third person
Imputed Conflicts of interest
Solicitation by Direct Mail
Information gained through representation
19. A lawyer shall not charge or collect unreasonable fees or expenses.
Total fee reasonable
Communication
When representation is permitted
Confidentiality Exception:Legal Advice
20. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Attorney Liens
Informed Consent
Media rights
Joining a firm
21. 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.
Discrimination
Confidentiality Exception:Court order
Withdrawal and COI
Solicitation by Direct Mail
22. 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.
Withdrawal Procedure
Legal Knowledge and Skill
Client may consent to prospective client conflict
Time limits of confidentiality
23. 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.
Retainers
Diligence
Negotiating for Employment
Imputed Conflicts of interest
24. 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
Candor to the Tribunal and Adverse Legal Authority
Duty of Subordinate Lawyers
Business transactions with a client
False or Misleading Statements
25. A lawyer may never use confidential information to the client's disadvantage.
Confidentiality Exception:Court Fiduciary
Financial assistance
Information gained through representation
Joining a firm
26. 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
Nonadjudicative Proceedings
Confidentiality Exceptions: Death or substantial Bodily Injury
Special Rules for Government Personnel
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.
Specialization and Fields of Practice
Confidentiality Exception:Court Fiduciary
Confidentiality Exception:Legal Advice
Nonadjudicative Proceedings
28. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Solicitation in Person
Taking a matter up the ladder
Time limits of confidentiality
Duties re Property of others
29. 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.
Information gained through representation
Prospective Client Conflict Requirements
Aggregate settlements and pleas
Should Report Lawyer and Judicial Misconduct
30. 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
Should Report Lawyer and Judicial Misconduct
Who is the client
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Client property other than money
31. 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
Diligence
Joining a firm
Confirmed in writing
Special Rules for Government Personnel
32. 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
Taking a matter up the ladder
Organization as client
Sexual relations with a client
33. 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
Allocation of Authority between Lawyer and Client
Splitting fees
Campaigning and Partisan Activity
Candor to the Tribunal and Adverse Legal Authority
34. 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
When Disqualification Required
Duty of Subordinate Lawyers
Confidentiality Exceptions: Death or substantial Bodily Injury
Limiting Liability
35. A lawyer may share information relating to the representation with: employees and firm members - disclosure is necessary for administrative purposes; and for evaluation for use by third persons.
Candor to the Tribunal and Adverse Legal Authority
Splitting fees
Use by other persons
Associating with Other Counsel
36. 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.
Organization as client
Who is the client
Diligence
Non-lawyer employees
37. 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
Trial Publicity
Expediting Litigation
Media rights
Factors of reasonableness
38. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Nonadjudicative Proceedings
Use by other persons
Withdrawal: Mandatory
Confidentiality Exceptions: Death or substantial Bodily Injury
39. 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.
Should Report Lawyer and Judicial Misconduct
Information relating to the representation
Joining a firm
Supervisory and Subordinate Duties and Liability
40. 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.
Contingent fees
Impropriety and the Appearance of Impropriety
Proprietary Interests
When representation is not permitted
41. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
False or Misleading Statements
Partnership with nonlawyers
Confidentiality Exception:Future Crime
Prospective Client Confidentiality
42. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Concurrent Conflict of Interest
Non-lawyer employees
In house counsel
43. 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.
When Disqualification Required
Nonadjudicative Proceedings
Client may consent to prospective client conflict
Media rights
44. 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
Legal Knowledge and Skill
Meretricious and Frivolous Claims
Expediting Litigation
45. 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
Withdrawal: Mandatory
Impropriety and the Appearance of Impropriety
Lawyer as Witness
Related lawyers
46. 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.
When Disqualification Required
Imputed Conflicts of interest
Trial Publicity
Multijurisdictional Practice
47. 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.
Allocation of Authority between Lawyer and Client
General Requirement for Admission to Practice
Factors of reasonableness
Use by other persons
48. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Disputes over flat fees
Implied Authority
Government service after private employment
Splitting fees
49. 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
Potential Conflicts of Interest
Government service after private employment
Judge of Third Party Neutral
Time limits of confidentiality
50. 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.
Impropriety and the Appearance of Impropriety
Client Under a Disability
Confidentiality Exception:Legal Advice
Specialization and Fields of Practice