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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 admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Attorney Liens
Who is the client
In house counsel
Campaigning and Partisan Activity
2. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Limiting Liability
Joining a firm
Factors of reasonableness
Duties re Property of others
3. 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.
Taking a matter up the ladder
Impermissible Conduct in Litigation
Specialization and Fields of Practice
Related lawyers
4. 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
Associating with Other Counsel
When Disqualification Required
Client Perjury
Implied Authority
5. 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
Organization as client
Information relating to the representation
Attorney Liens
Audits and Overdrafts
6. 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
Taking a matter up the ladder
Media rights
Impermissible Conduct in Litigation
Potential Conflicts of Interest
7. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Partnership with nonlawyers
Confidentiality Exception:Legal Advice
General Requirement for Admission to Practice
Implied Authority
8. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Negotiating for Employment
Disputes over flat fees
Protecting the Client and Unearned Fees in withdrawal
Trust Account Requirements and Interest
9. 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.
Use by other persons
Special Rules for Government Personnel
Information relating to the representation
Multijurisdictional Practice
10. 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.
Sexual relations with a client
Aggregate settlements and pleas
Effect of Lawyer's termination with a firm
In house counsel
11. 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.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Confidentiality Exception:Court Fiduciary
Confidentiality Exception:Legal Advice
Aiding Unauthorized practice/disbarred Lawyers
12. A lawyer shall not charge or collect unreasonable fees or expenses.
Concurrent Conflict of Interest
Diligence
Confidentiality Exceptions: Death or substantial Bodily Injury
Total fee reasonable
13. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Should Report Lawyer and Judicial Misconduct
Former Clients
Potential Conflicts of Interest
14. 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.
Emergencies
Firm Names and Designations
Impropriety and the Appearance of Impropriety
Client Perjury
15. Lawyer may represent a client if: (1) he reasonably believes he will be able to provide competent and diligent representation; (2) it is not prohibited by law; (3) he is not representing clients in the same litigation; and (4) each affected client gi
Should Report Lawyer and Judicial Misconduct
When representation is permitted
Legal Knowledge and Skill
Proprietary Interests
16. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Attorney Liens
Joining a firm
Use by other persons
Aiding Unauthorized practice/disbarred Lawyers
17. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Imputed Conflicts of interest
Lawyer as Witness
Client property other than money
Client Perjury
18. Lawyer cannot represent anyone in a matter in which the judge participated personally and substantially as a judge unless parties give informed written consent. A firm may represent if lawyer is screened and notice is given. If a lawyer is a partisan
Client Perjury
When representation is not permitted
Business transactions with a client
Judge of Third Party Neutral
19. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Total fee reasonable
Reciprocity
Should Report Lawyer and Judicial Misconduct
Confidentiality Exceptions: Death or substantial Bodily Injury
20. A lawyer may never use confidential information to the client's disadvantage.
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Court Fiduciary
Information gained through representation
Allocation of Authority between Lawyer and Client
21. A lawyer has a duty of confidentiality and loyalty.
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22. 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.
Diligence
Duty of Subordinate Lawyers
Withdrawal: Mandatory
Dealing with Third Persons
23. If the client is a corporation - the informed consent needs to come from the entity.
Organization as client
Aggregate settlements and pleas
Who is the client
Non-lawyer employees
24. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Effect of Lawyer's termination with a firm
Duty of Subordinate Lawyers
Non-lawyer employees
Disputes over flat fees
25. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Non-lawyer employees
Who is the client
Disputes over flat fees
Dealing with Third Persons
26. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Implied Authority
Withdrawal and COI
Disputes over flat fees
Specialization and Fields of Practice
27. 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
When representation is permitted
General Requirement for Admission to Practice
Proprietary Interests
28. 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
Impropriety and the Appearance of Impropriety
Gifts
When representation is permitted
Diligence
29. 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
Gifts
Retainers
Potential Conflicts of Interest
Business transactions with a client
30. 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
Confidentiality Exception:Protect the Lawyer
Pay to Play Prohibited
Client property other than money
Information gained through representation
31. 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
Audits and Overdrafts
Withdrawal and COI
Candor to the Tribunal and Adverse Legal Authority
Time limits of confidentiality
32. 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
Duty of Subordinate Lawyers
Concurrent Conflict of Interest
Nonadjudicative Proceedings
Aiding Unauthorized practice/disbarred Lawyers
33. 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.
Associating with Other Counsel
Expediting Litigation
Negotiating for Employment
Aggregate settlements and pleas
34. 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
Solicitation in Person
Campaigning and Partisan Activity
Special Rules for Government Personnel
Special Responsibilities of Prosecutors
35. 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.
Special Responsibilities of Prosecutors
Government service after private employment
Business transactions with a client
Client Under a Disability
36. 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
Informed Consent
Use by other persons
Reciprocity
37. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Solicitation in Person
Business transactions with a client
False or Misleading Statements
Trust Account Requirements and Interest
38. 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).
Firm Names and Designations
Protecting the Client and Unearned Fees in withdrawal
Special Rules for Government Personnel
Related lawyers
39. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Contingent fees
Financial assistance
Imputed Conflicts of interest
Associating with Other Counsel
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
Factors of reasonableness
Business transactions with a client
Supervisory and Subordinate Duties and Liability
Attorney Liens
41. 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
Limiting Liability
Splitting fees
Imputed Conflicts of interest
Special Responsibilities of Prosecutors
42. 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
General Requirement for Admission to Practice
Informed Consent
Government service after private employment
Duty of Subordinate Lawyers
43. 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.
Reciprocity
Accounts
Trust Account Requirements and Interest
Audits and Overdrafts
44. 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
Trust Account Requirements and Interest
Government service after private employment
Potential Conflicts of Interest
Multijurisdictional Practice
45. 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
Trust Account Requirements and Interest
Proprietary Interests
Former Clients
Flat Fees
46. 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
Attorney Liens
Confidentiality Exception:Protect the Lawyer
Confidentiality Exception:Court Fiduciary
47. 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
Time limits of confidentiality
Attorney Liens
Aggregate settlements and pleas
Business transactions with a client
48. 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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49. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Disputes over flat fees
Expediting Litigation
Government service after private employment
Client Under a Disability
50. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Lawyer as Witness
Communication
Gifts
Legal Knowledge and Skill