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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. 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
Business transactions with a client
Nonadjudicative Proceedings
Factors of reasonableness
Specialization and Fields of Practice
2. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Confirmed in writing
Joining a firm
Communication
Should Report Professional Misconduct
3. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Attorney Liens
Multijurisdictional Practice
Retainers
4. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Related lawyers
Flat Fees
Allocation of Authority between Lawyer and Client
Reciprocity
5. 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
Former Clients
Should Report Professional Misconduct
Trust Account Requirements and Interest
6. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Lawyer's Duties
Special Responsibilities of Prosecutors
Attorney Liens
False or Misleading Statements
7. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
When representation is permitted
Emergencies
Informed Consent
Promoting Causes Related to the Administration of Justice
8. 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.
Media rights
Confidentiality Exception:Legal Advice
Withdrawal and COI
Informed Consent
9. 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
Duty of Subordinate Lawyers
Audits and Overdrafts
Impropriety and the Appearance of Impropriety
Withdrawal: Mandatory
10. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Informed Consent
When representation is not permitted
Joining a firm
Financial assistance
11. 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.
Special Rules for Government Personnel
Aiding Unauthorized practice/disbarred Lawyers
Use by other persons
Information relating to the representation
12. 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.
Payment from a third person
Information gained through representation
Negotiating for Employment
Discrimination
13. A lawyer may reveal information relating to the representation to comply with a court order.
Withdrawal: Permissive
Taking a matter up the ladder
Confidentiality Exception:Court order
Informed Consent
14. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal and COI
Organization as client
Taking a matter up the ladder
Implied Authority
15. 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..
Proprietary Interests
Confidentiality Exception:Protect the Lawyer
Trial Publicity
Lawyer's Duties
16. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Supervisory and Subordinate Duties and Liability
When representation is permitted
When representation is not permitted
Associating with Other Counsel
17. 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).
When representation is not permitted
Special Rules for Government Personnel
Joining a firm
Trust Account Requirements and Interest
18. 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.
Aggregate settlements and pleas
Splitting fees
Dealing with Third Persons
Withdrawal: Mandatory
19. 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.
Diligence
Attorney Liens
General Requirement for Admission to Practice
Confidentiality Exception:Future Crime
20. 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.
Client Perjury
Confidentiality Exception:Protect the Lawyer
Use by other persons
Diligence
21. 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
Solicitation in Person
Impropriety and the Appearance of Impropriety
Pay to Play Prohibited
Withdrawal and COI
22. 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
Organization as client
Proprietary Interests
When representation is not permitted
23. 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.
Duties re Property of others
Emergencies
Lawyer as Witness
Impermissible Conduct in Litigation
24. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Partnership with nonlawyers
Promoting Causes Related to the Administration of Justice
Should Report Professional Misconduct
Confidentiality Exception:Court Fiduciary
25. 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
Who is the client
Should Report Professional Misconduct
Reciprocity
Business transactions with a client
26. 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.
When Disqualification Required
Confidentiality Exception:Court Fiduciary
Duty of Subordinate Lawyers
When representation is not permitted
27. 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.
Payment from a third person
Sexual relations with a client
Withdrawal and COI
Withdrawal: Mandatory
28. 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
Special Responsibilities of Prosecutors
Total fee reasonable
Allocation of Authority between Lawyer and Client
Withdrawal: Permissive
29. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Flat Fees
Encouragement of Pro Bono
Trial Publicity
Business transactions with a client
30. 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
Impropriety and the Appearance of Impropriety
Former Clients
Trust Account Requirements and Interest
Proprietary Interests
31. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exceptions: Death or substantial Bodily Injury
Special Rules for Government Personnel
Allocation of Authority between Lawyer and Client
Client may consent to prospective client conflict
32. A lawyer may never use confidential information to the client's disadvantage.
Client property other than money
Associating with Other Counsel
Trial Publicity
Information gained through representation
33. A lawyer shall not act as an advocate at trial in which the lawyer is likely to be a necessary witness. Another lawyer in the firm may represent the client if it is not a conflict with a current or former client.
Specialization and Fields of Practice
Lawyer as Witness
Meretricious and Frivolous Claims
Government service after private employment
34. 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.
Time limits of confidentiality
Trust Account Requirements and Interest
Sexual relations with a client
Withdrawal: Mandatory
35. 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
Partnership with nonlawyers
Time limits of confidentiality
Impermissible Conduct in Litigation
Information gained through representation
36. 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
Confidentiality Exception:Court order
Candor to the Tribunal and Adverse Legal Authority
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Client Under a Disability
37. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Imputed Conflicts of interest
Meretricious and Frivolous Claims
Former Clients
Business transactions with a client
38. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Confirmed in writing
Accounts
Former Clients
Should Report Professional Misconduct
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
Client Perjury
Joining a firm
Splitting fees
Solicitation in Person
40. 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
Candor to the Tribunal and Adverse Legal Authority
Attorney Liens
Negotiating for Employment
41. 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.
When representation is permitted
Firm Names and Designations
Lawyer's Duties
Prospective Client Conflict Requirements
42. 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.
Accounts
Confidentiality Exception:Court order
Purchase of a new law practice
Legal Knowledge and Skill
43. 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.
Taking a matter up the ladder
Discrimination
Supervisory and Subordinate Duties and Liability
Physical Evidence
44. 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.
Client Under a Disability
Diligence
Duty of Subordinate Lawyers
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
Firm Names and Designations
Business transactions with a client
Contingent fees
Flat Fees
46. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Diligence
Candor to the Tribunal and Adverse Legal Authority
When Disqualification Required
47. 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
Withdrawal and COI
Client Under a Disability
When Disqualification Required
Sexual relations with a client
48. 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.
Purchase of a new law practice
Negotiating for Employment
Retainers
Impermissible Conduct in Litigation
49. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Informed Consent
When Disqualification Required
Confidentiality Exception:Future Crime
Limiting Liability
50. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Candor to the Tribunal and Adverse Legal Authority
Payment from a third person
Solicitation in Person
Proprietary Interests
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