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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 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.
Diligence
Specialization and Fields of Practice
Special Rules for Government Personnel
Informed Consent
2. 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
Promoting Causes Related to the Administration of Justice
Joining a firm
Special Responsibilities of Prosecutors
Imputed Conflicts of interest
3. 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
Time limits of confidentiality
Special Responsibilities of Prosecutors
Communication
Taking a matter up the ladder
4. 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.
Proprietary Interests
Purchase of a new law practice
Withdrawal: Permissive
Client property other than money
5. 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).
Aggregate settlements and pleas
Client may consent to prospective client conflict
Imputed Conflicts of interest
Special Rules for Government Personnel
6. 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
Physical Evidence
When Disqualification Required
Reciprocity
Partnership with nonlawyers
7. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Court Fiduciary
Organization as client
Confidentiality Exception:Legal Advice
Candor to the Tribunal and Adverse Legal Authority
8. 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.
Effect of Lawyer's termination with a firm
Confidentiality Exceptions: Death or substantial Bodily Injury
Firm Names and Designations
Impropriety and the Appearance of Impropriety
9. 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.
Sexual relations with a client
Potential Conflicts of Interest
Client property other than money
Lawyer as Witness
10. A lawyer had a duty to expedite litigation.
Withdrawal: Mandatory
Purchase of a new law practice
Former Clients
Expediting Litigation
11. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Splitting fees
Allocation of Authority between Lawyer and Client
Media rights
Associating with Other Counsel
12. If the client is a corporation - the informed consent needs to come from the entity.
Solicitation in Person
Who is the client
Trust Account Requirements and Interest
Concurrent Conflict of Interest
13. 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
Joining a firm
Solicitation by Direct Mail
Prospective Client Confidentiality
Trust Account Requirements and Interest
14. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Solicitation in Person
Informed Consent
Client Perjury
15. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Non-lawyer employees
Allocation of Authority between Lawyer and Client
In house counsel
Emergencies
16. 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
Confidentiality Exception:Legal Advice
When Disqualification Required
Joining a firm
17. 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
Former Clients
Information relating to the representation
Prospective Client Conflict Requirements
Impropriety and the Appearance of Impropriety
18. Direct mailing is allowed - even targeted mailings.
Lawyer's Duties
Allocation of Authority between Lawyer and Client
Specialization and Fields of Practice
Solicitation by Direct Mail
19. 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
Prospective Client Confidentiality
Gifts
Physical Evidence
Pay to Play Prohibited
20. 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
Client property other than money
Contingent fees
Factors of reasonableness
Taking a matter up the ladder
21. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Promoting Causes Related to the Administration of Justice
Who is the client
Retainers
Splitting fees
22. 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
Emergencies
Withdrawal: Permissive
Contingent fees
Disputes over flat fees
23. 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
When representation is not permitted
Legal Knowledge and Skill
Impermissible Conduct in Litigation
24. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Confidentiality Exception:Court order
25. 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.
Financial assistance
Contingent fees
Duties re Property of others
Campaigning and Partisan Activity
26. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Pay to Play Prohibited
Aiding Unauthorized practice/disbarred Lawyers
Limiting Liability
Confidentiality Exceptions: Death or substantial Bodily Injury
27. 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.
Government service after private employment
Use by other persons
Candor to the Tribunal and Adverse Legal Authority
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
28. 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
Concurrent Conflict of Interest
When Disqualification Required
Taking a matter up the ladder
Confidentiality Exception:Protect the Lawyer
29. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Related lawyers
Withdrawal and COI
Organization as client
Reciprocity
30. 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
Splitting fees
Should Report Lawyer and Judicial Misconduct
Related lawyers
31. 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
Confidentiality Exception:Court Fiduciary
Duty of Subordinate Lawyers
Pay to Play Prohibited
Supervisory and Subordinate Duties and Liability
32. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Lawyer's Duties
Imputed Conflicts of interest
Related lawyers
Withdrawal: Permissive
33. 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
34. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Solicitation in Person
Related lawyers
Limiting Liability
Former Clients
35. A lawyer shall not charge or collect unreasonable fees or expenses.
Physical Evidence
Special Responsibilities of Prosecutors
Total fee reasonable
Legal Knowledge and Skill
36. 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).
Special Rules for Government Personnel
Confidentiality Exception:Court Fiduciary
Withdrawal Procedure
Factors of reasonableness
37. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Impropriety and the Appearance of Impropriety
When representation is not permitted
Splitting fees
Confidentiality Exception:Future Crime
38. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Judge of Third Party Neutral
Associating with Other Counsel
Client may consent to prospective client conflict
When representation is permitted
39. 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.
Audits and Overdrafts
Discrimination
Legal Knowledge and Skill
Meretricious and Frivolous Claims
40. 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
Contingent fees
Payment from a third person
Communication
Judge of Third Party Neutral
41. 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.
Partnership with nonlawyers
Information relating to the representation
Encouragement of Pro Bono
Withdrawal: Mandatory
42. 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.
Proprietary Interests
Retainers
Trust Account Requirements and Interest
Client Under a Disability
43. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Impropriety and the Appearance of Impropriety
Gifts
Confirmed in writing
Lawyer's Duties
44. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Specialization and Fields of Practice
Trust Account Requirements and Interest
45. 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
Factors of reasonableness
Withdrawal Procedure
Government service after private employment
46. 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
Multijurisdictional Practice
Client Perjury
Protecting the Client and Unearned Fees in withdrawal
Joining a firm
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.
Information relating to the representation
Informed Consent
Sexual relations with a client
Legal Knowledge and Skill
48. 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.
Trust Account Requirements and Interest
Confidentiality Exception:Court order
In house counsel
Related lawyers
49. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Taking a matter up the ladder
Financial assistance
Should Report Professional Misconduct
Promoting Causes Related to the Administration of Justice
50. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Emergencies
False or Misleading Statements
Nonadjudicative Proceedings
Confidentiality Exception:Court order