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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. 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
Retainers
Financial assistance
Trial Publicity
Withdrawal and COI
2. 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.
Non-lawyer employees
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Multijurisdictional Practice
Campaigning and Partisan Activity
3. 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.
Prospective Client Confidentiality
Withdrawal: Mandatory
Legal Knowledge and Skill
Potential Conflicts of Interest
4. 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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5. A lawyer has a duty of confidentiality and loyalty.
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6. 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
Confidentiality Exception:Court Fiduciary
Reciprocity
When representation is permitted
Supervisory and Subordinate Duties and Liability
7. 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.
Limiting Liability
Purchase of a new law practice
Lawyer's Duties
Client Under a Disability
8. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Potential Conflicts of Interest
Limiting Liability
9. A lawyer shall not solicit a substantial gift from a client or prepare an instrument giving the lawyer one unless lawyer is related to the donor. WA disfavors a lawyer drafting an instrument where he is named trustee or personal representative when t
Gifts
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Effect of Lawyer's termination with a firm
Purchase of a new law practice
10. 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.
Information relating to the representation
Taking a matter up the ladder
Accounts
Related lawyers
11. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Duty of Subordinate Lawyers
Disputes over flat fees
Imputed Conflicts of interest
Protecting the Client and Unearned Fees in withdrawal
12. 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
Purchase of a new law practice
Audits and Overdrafts
Judge of Third Party Neutral
Meretricious and Frivolous Claims
13. 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
Contingent fees
Duties re Property of others
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
14. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
When representation is not permitted
False or Misleading Statements
Client Perjury
Encouragement of Pro Bono
15. 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
Media rights
When Disqualification Required
Withdrawal: Mandatory
Discrimination
16. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Discrimination
Limiting Liability
Multijurisdictional Practice
Associating with Other Counsel
17. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Promoting Causes Related to the Administration of Justice
General Requirement for Admission to Practice
Duties re Property of others
Encouragement of Pro Bono
18. 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
Imputed Conflicts of interest
Related lawyers
Media rights
19. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
When Disqualification Required
Emergencies
Meretricious and Frivolous Claims
Sexual relations with a client
20. 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.
Impermissible Conduct in Litigation
When Disqualification Required
Special Rules for Government Personnel
Specialization and Fields of Practice
21. 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.
Total fee reasonable
Former Clients
Organization as client
Related lawyers
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
Diligence
Partnership with nonlawyers
Audits and Overdrafts
Information gained through representation
23. Judges should report actual knowledge of lawyer or judge misconduct
Prospective Client Conflict Requirements
In house counsel
Should Report Lawyer and Judicial Misconduct
Contingent fees
24. 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
Retainers
Withdrawal Procedure
Informed Consent
25. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Concurrent Conflict of Interest
Audits and Overdrafts
Emergencies
When representation is not permitted
26. Even if no lawyer-client relationship forms - a lawyer shall not represent a client with interests materially adverse to those of a prospective client in the same or substantially same matter if the lawyer received information from the prospective cl
Special Rules for Government Personnel
Meretricious and Frivolous Claims
Taking a matter up the ladder
Prospective Client Conflict Requirements
27. 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
False or Misleading Statements
General Requirement for Admission to Practice
Should Report Lawyer and Judicial Misconduct
28. A lawyer shall not charge or collect unreasonable fees or expenses.
Financial assistance
Specialization and Fields of Practice
Total fee reasonable
Withdrawal Procedure
29. 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.
Lawyer as Witness
Client Under a Disability
Physical Evidence
Solicitation in Person
30. 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
Trial Publicity
Imputed Conflicts of interest
Duty of Subordinate Lawyers
In house counsel
31. In person solicitation is generally prohibited unless there is a pre-existing relationship.
When Disqualification Required
Partnership with nonlawyers
Solicitation in Person
Pay to Play Prohibited
32. 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
Multijurisdictional Practice
Should Report Professional Misconduct
Related lawyers
Sexual relations with a client
33. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Expediting Litigation
Audits and Overdrafts
Confidentiality Exception:Protect the Lawyer
Promoting Causes Related to the Administration of Justice
34. 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.
Joining a firm
Special Responsibilities of Prosecutors
Lawyer as Witness
Contingent fees
35. 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
Protecting the Client and Unearned Fees in withdrawal
Flat Fees
Information relating to the representation
When representation is not permitted
36. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
When representation is permitted
Prospective Client Conflict Requirements
Aiding Unauthorized practice/disbarred Lawyers
37. 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
Trial Publicity
Limiting Liability
Communication
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
38. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Allocation of Authority between Lawyer and Client
Dealing with Third Persons
Diligence
Legal Knowledge and Skill
39. 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
Attorney Liens
Solicitation by Direct Mail
Withdrawal: Permissive
Client Perjury
40. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Discrimination
Diligence
Emergencies
41. 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.
Attorney Liens
Media rights
Client Under a Disability
Sexual relations with a client
42. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
General Requirement for Admission to Practice
Solicitation in Person
Government service after private employment
Who is the client
43. 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.
Communication
Firm Names and Designations
Government service after private employment
Time limits of confidentiality
44. A lawyer had a duty to expedite litigation.
Use by other persons
Attorney Liens
Expediting Litigation
Business transactions with a client
45. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Implied Authority
Aggregate settlements and pleas
Disputes over flat fees
Duties re Property of others
46. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Disputes over flat fees
Campaigning and Partisan Activity
Use by other persons
Confidentiality Exception:Future Crime
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.
General Requirement for Admission to Practice
Solicitation in Person
When representation is permitted
Pay to Play Prohibited
48. 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
Solicitation in Person
Proprietary Interests
Audits and Overdrafts
49. 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.
Accounts
Emergencies
Attorney Liens
False or Misleading Statements
50. 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
Discrimination
Confidentiality Exception:Future Crime
Use by other persons