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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. 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
Nonadjudicative Proceedings
Withdrawal and COI
Client may consent to prospective client conflict
Splitting fees
2. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Withdrawal Procedure
Disputes over flat fees
Communication
Special Rules for Government Personnel
3. 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
Special Rules for Government Personnel
Concurrent Conflict of Interest
Aiding Unauthorized practice/disbarred Lawyers
4. 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
Information relating to the representation
Allocation of Authority between Lawyer and Client
Confidentiality Exception:Legal Advice
5. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Flat Fees
Prospective Client Confidentiality
Emergencies
Lawyer's Duties
6. 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
Aiding Unauthorized practice/disbarred Lawyers
Emergencies
Factors of reasonableness
Trial Publicity
7. A lawyer may reveal information relating to the representation to comply with a court order.
Withdrawal: Mandatory
Confidentiality Exception:Court order
Contingent fees
Effect of Lawyer's termination with a firm
8. 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.
Accounts
Impermissible Conduct in Litigation
Taking a matter up the ladder
Government service after private employment
9. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Emergencies
Special Responsibilities of Prosecutors
Confidentiality Exception:Future Crime
Legal Knowledge and Skill
10. 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
Meretricious and Frivolous Claims
Aggregate settlements and pleas
Promoting Causes Related to the Administration of Justice
When representation is permitted
11. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Joining a firm
General Requirement for Admission to Practice
Encouragement of Pro Bono
12. 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.
Confidentiality Exceptions: Death or substantial Bodily Injury
Multijurisdictional Practice
Associating with Other Counsel
Use by other persons
13. 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
Splitting fees
Campaigning and Partisan Activity
Emergencies
Effect of Lawyer's termination with a firm
14. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Physical Evidence
Meretricious and Frivolous Claims
Client may consent to prospective client conflict
Effect of Lawyer's termination with a firm
15. 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
Impermissible Conduct in Litigation
When representation is permitted
Organization as client
Purchase of a new law practice
16. 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.
Client property other than money
Payment from a third person
Effect of Lawyer's termination with a firm
When representation is not permitted
17. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
When Disqualification Required
Attorney Liens
Confidentiality Exception:Protect the Lawyer
Business transactions with a client
18. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Media rights
Financial assistance
Allocation of Authority between Lawyer and Client
Candor to the Tribunal and Adverse Legal Authority
19. 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.
Proprietary Interests
Duty of Subordinate Lawyers
Media rights
Government service after private employment
20. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
General Requirement for Admission to Practice
Pay to Play Prohibited
Limiting Liability
When representation is permitted
21. 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
Flat Fees
Sexual relations with a client
Supervisory and Subordinate Duties and Liability
Total fee reasonable
22. 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
Confidentiality Exception:Court order
Audits and Overdrafts
Organization as client
Retainers
23. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Limiting Liability
Duty of Subordinate Lawyers
Financial assistance
Confidentiality Exceptions: Death or substantial Bodily Injury
24. 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
Trust Account Requirements and Interest
Special Responsibilities of Prosecutors
Duty of Subordinate Lawyers
Withdrawal: Permissive
25. 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.
Related lawyers
Diligence
Accounts
Confidentiality Exception:Court order
26. A lawyer had a duty to expedite litigation.
Disputes over flat fees
Joining a firm
Trial Publicity
Expediting Litigation
27. 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.
Reciprocity
Former Clients
Sexual relations with a client
Withdrawal: Mandatory
28. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Disputes over flat fees
Pay to Play Prohibited
Trust Account Requirements and Interest
Dealing with Third Persons
29. 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.
Client Under a Disability
Protecting the Client and Unearned Fees in withdrawal
Trial Publicity
Communication
30. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Withdrawal: Permissive
Special Rules for Government Personnel
Specialization and Fields of Practice
Associating with Other Counsel
31. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Trust Account Requirements and Interest
Legal Knowledge and Skill
Campaigning and Partisan Activity
Financial assistance
32. 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.
Duties re Property of others
Audits and Overdrafts
Withdrawal: Mandatory
Solicitation by Direct Mail
33. 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
Withdrawal: Permissive
Trial Publicity
Should Report Professional Misconduct
Special Responsibilities of Prosecutors
34. 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.
Confidentiality Exception:Court order
Negotiating for Employment
Confidentiality Exception:Future Crime
Disputes over flat fees
35. If the client is a corporation - the informed consent needs to come from the entity.
Confidentiality Exception:Legal Advice
Legal Knowledge and Skill
Who is the client
Prospective Client Conflict Requirements
36. 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
Associating with Other Counsel
General Requirement for Admission to Practice
Solicitation in Person
Gifts
37. 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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38. A lawyer has a duty of confidentiality and loyalty.
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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
Solicitation in Person
Potential Conflicts of Interest
Prospective Client Conflict Requirements
Client Perjury
40. 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.
When Disqualification Required
When representation is permitted
Imputed Conflicts of interest
Discrimination
41. 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
Government service after private employment
When representation is not permitted
Confidentiality Exception:Future Crime
Pay to Play Prohibited
42. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Communication
Confirmed in writing
Discrimination
Solicitation by Direct Mail
43. 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
Protecting the Client and Unearned Fees in withdrawal
Joining a firm
Information gained through representation
44. 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
Concurrent Conflict of Interest
Time limits of confidentiality
Splitting fees
Negotiating for Employment
45. 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.
Time limits of confidentiality
Withdrawal and COI
Firm Names and Designations
Aiding Unauthorized practice/disbarred Lawyers
46. 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.
Judge of Third Party Neutral
Information gained through representation
Confidentiality Exception:Court Fiduciary
Payment from a third person
47. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Solicitation by Direct Mail
Time limits of confidentiality
Informed Consent
Financial assistance
48. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Withdrawal Procedure
Special Rules for Government Personnel
Solicitation in Person
Former Clients
49. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Financial assistance
Reciprocity
Payment from a third person
Communication
50. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Government service after private employment
Sexual relations with a client
Client Under a Disability