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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. 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
Solicitation by Direct Mail
Duty of Subordinate Lawyers
Joining a firm
Discrimination
2. 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
Duties re Property of others
Withdrawal Procedure
Judge of Third Party Neutral
Factors of reasonableness
3. 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.
Should Report Lawyer and Judicial Misconduct
Sexual relations with a client
Withdrawal: Permissive
Concurrent Conflict of Interest
4. A lawyer has a duty of confidentiality and loyalty.
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5. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Duties re Property of others
In house counsel
Business transactions with a client
Government service after private employment
6. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Confidentiality Exception:Court order
Associating with Other Counsel
Solicitation by Direct Mail
7. 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).
Information relating to the representation
Proprietary Interests
Impropriety and the Appearance of Impropriety
Withdrawal Procedure
8. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Protecting the Client and Unearned Fees in withdrawal
Associating with Other Counsel
Duties re Property of others
Confidentiality Exception:Future Crime
9. 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
Trust Account Requirements and Interest
Withdrawal: Permissive
Discrimination
Sexual relations with a client
10. A lawyer may reveal information relating to the representation to comply with a court order.
Who is the client
Confidentiality Exception:Court order
Legal Knowledge and Skill
Disputes over flat fees
11. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Related lawyers
Lawyer's Duties
Client may consent to prospective client conflict
Financial assistance
12. 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
Candor to the Tribunal and Adverse Legal Authority
Legal Knowledge and Skill
Financial assistance
Duty of Subordinate Lawyers
13. 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
Lawyer as Witness
Should Report Professional Misconduct
Special Responsibilities of Prosecutors
Prospective Client Confidentiality
14. 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
Emergencies
Disputes over flat fees
Sexual relations with a client
Audits and Overdrafts
15. 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
Former Clients
Withdrawal: Permissive
Confidentiality Exception:Future Crime
Legal Knowledge and Skill
16. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Special Rules for Government Personnel
Expediting Litigation
Confidentiality Exception:Legal Advice
Use by other persons
17. 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.
Contingent fees
Total fee reasonable
Firm Names and Designations
Concurrent Conflict of Interest
18. A lawyer may never use confidential information to the client's disadvantage.
Effect of Lawyer's termination with a firm
Non-lawyer employees
Trust Account Requirements and Interest
Information gained through representation
19. 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.
Withdrawal: Mandatory
Media rights
Payment from a third person
Implied Authority
20. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Time limits of confidentiality
Attorney Liens
Government service after private employment
Business transactions with a client
21. 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.
Taking a matter up the ladder
Impermissible Conduct in Litigation
Information relating to the representation
Former Clients
22. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Taking a matter up the ladder
Campaigning and Partisan Activity
Aiding Unauthorized practice/disbarred Lawyers
Sexual relations with a client
23. 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.
Confidentiality Exception:Protect the Lawyer
Lawyer as Witness
Trial Publicity
False or Misleading Statements
24. 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
Information gained through representation
Client may consent to prospective client conflict
False or Misleading Statements
25. 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.
Confidentiality Exception:Court order
Legal Knowledge and Skill
Financial assistance
Communication
26. The purchase of a law practice is allowed if: entire practice is sold - seller gives clients notice that includes a statement that the client has the right to obtain other counsel and transfer will be presumed if client does not object within 90 days
Purchase of a new law practice
Impermissible Conduct in Litigation
Total fee reasonable
Information relating to the representation
27. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Disputes over flat fees
Physical Evidence
Negotiating for Employment
Media rights
28. 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
Informed Consent
Judge of Third Party Neutral
Supervisory and Subordinate Duties and Liability
29. 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.
Special Responsibilities of Prosecutors
Specialization and Fields of Practice
Discrimination
Prospective Client Confidentiality
30. 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.
Information gained through representation
Government service after private employment
Firm Names and Designations
Client Perjury
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
Information gained through representation
Limiting Liability
Partnership with nonlawyers
Time limits of confidentiality
32. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Trust Account Requirements and Interest
Gifts
Solicitation by Direct Mail
Financial assistance
33. 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
Who is the client
Campaigning and Partisan Activity
Duty of Subordinate Lawyers
34. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Imputed Conflicts of interest
Confidentiality Exceptions: Death or substantial Bodily Injury
Judge of Third Party Neutral
Organization as client
35. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Information gained through representation
Physical Evidence
Should Report Professional Misconduct
36. 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..
Communication
Contingent fees
Lawyer's Duties
Confidentiality Exception:Protect the Lawyer
37. 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.
Communication
Sexual relations with a client
Physical Evidence
Use by other persons
38. 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.
Special Responsibilities of Prosecutors
Factors of reasonableness
Client property other than money
Retainers
39. 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
Government service after private employment
Organization as client
Potential Conflicts of Interest
False or Misleading Statements
40. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Duty of Subordinate Lawyers
Meretricious and Frivolous Claims
Lawyer's Duties
Should Report Professional Misconduct
41. 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
Attorney Liens
Organization as client
Financial assistance
Duty of Subordinate Lawyers
42. 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
Implied Authority
Purchase of a new law practice
Pay to Play Prohibited
Factors of reasonableness
43. 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.
Special Responsibilities of Prosecutors
Related lawyers
Implied Authority
Protecting the Client and Unearned Fees in withdrawal
44. 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
When representation is permitted
Disputes over flat fees
Confidentiality Exception:Protect the Lawyer
Partnership with nonlawyers
45. 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.
Former Clients
Retainers
Imputed Conflicts of interest
False or Misleading Statements
46. 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
Prospective Client Conflict Requirements
Lawyer's Duties
Duty of Subordinate Lawyers
Should Report Lawyer and Judicial Misconduct
47. 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
Withdrawal and COI
Government service after private employment
Allocation of Authority between Lawyer and Client
48. 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
Payment from a third person
Campaigning and Partisan Activity
Communication
Specialization and Fields of Practice
49. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Duties re Property of others
Associating with Other Counsel
Payment from a third person
Contingent fees
50. 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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