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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 shall not knowingly make a false statement of material fact or law to a third person.
When representation is permitted
Dealing with Third Persons
Diligence
Confidentiality Exception:Court order
2. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Confidentiality Exception:Protect the Lawyer
In house counsel
Reciprocity
Dealing with Third Persons
3. 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.
Trial Publicity
Limiting Liability
Business transactions with a client
When Disqualification Required
4. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Retainers
In house counsel
Solicitation in Person
Withdrawal: Permissive
5. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Taking a matter up the ladder
Confirmed in writing
Informed Consent
Client property other than money
6. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Effect of Lawyer's termination with a firm
Sexual relations with a client
Business transactions with a client
7. 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
Time limits of confidentiality
Diligence
Promoting Causes Related to the Administration of Justice
Withdrawal: Permissive
8. 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
Disputes over flat fees
Associating with Other Counsel
Diligence
9. 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.
Aiding Unauthorized practice/disbarred Lawyers
Taking a matter up the ladder
Accounts
Trust Account Requirements and Interest
10. 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
Candor to the Tribunal and Adverse Legal Authority
Gifts
In house counsel
Solicitation in Person
11. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Effect of Lawyer's termination with a firm
Client may consent to prospective client conflict
Implied Authority
Disputes over flat fees
12. 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
Contingent fees
Encouragement of Pro Bono
Joining a firm
13. A lawyer who knows that another lawyer has committed a violation of the RPCs - should inform the WSBA. A lawyer who knows that a judge has committed a violation of the CJC that raises a substantial question as to the judge's fitness should inform the
Client may consent to prospective client conflict
Government service after private employment
Emergencies
Should Report Professional Misconduct
14. 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.
False or Misleading Statements
Flat Fees
Duties re Property of others
Withdrawal: Mandatory
15. 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
Time limits of confidentiality
Audits and Overdrafts
Taking a matter up the ladder
Confidentiality Exceptions: Death or substantial Bodily Injury
16. 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
When representation is permitted
Specialization and Fields of Practice
Prospective Client Conflict Requirements
17. 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
Pay to Play Prohibited
Information relating to the representation
Purchase of a new law practice
Should Report Lawyer and Judicial Misconduct
18. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Joining a firm
Financial assistance
Limiting Liability
Attorney Liens
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.
Confidentiality Exception:Court order
Contingent fees
Discrimination
Proprietary Interests
20. 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
Audits and Overdrafts
Withdrawal and COI
Attorney Liens
21. 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 Under a Disability
Sexual relations with a client
Client Perjury
Should Report Professional Misconduct
22. 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
Concurrent Conflict of Interest
Supervisory and Subordinate Duties and Liability
Aiding Unauthorized practice/disbarred Lawyers
Total fee reasonable
23. 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.
Negotiating for Employment
Purchase of a new law practice
Payment from a third person
Limiting Liability
24. 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.
Aggregate settlements and pleas
When representation is not permitted
Information relating to the representation
Confidentiality Exception:Legal Advice
25. 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
Prospective Client Conflict Requirements
Firm Names and Designations
Flat Fees
26. 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.
Special Responsibilities of Prosecutors
Multijurisdictional Practice
Impermissible Conduct in Litigation
Contingent fees
27. 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.
Diligence
Special Rules for Government Personnel
Client Under a Disability
Time limits of confidentiality
28. 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.
Solicitation by Direct Mail
Discrimination
Media rights
Disputes over flat fees
29. 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
Specialization and Fields of Practice
Impropriety and the Appearance of Impropriety
Withdrawal: Mandatory
Encouragement of Pro Bono
30. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Pay to Play Prohibited
Imputed Conflicts of interest
Confidentiality Exceptions: Death or substantial Bodily Injury
Confidentiality Exception:Legal Advice
31. 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
Withdrawal: Mandatory
Nonadjudicative Proceedings
Confidentiality Exception:Legal Advice
Joining a firm
32. 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
Firm Names and Designations
Splitting fees
Partnership with nonlawyers
Joining a firm
33. 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
Aiding Unauthorized practice/disbarred Lawyers
General Requirement for Admission to Practice
Confidentiality Exception:Future Crime
34. 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.
Who is the client
Judge of Third Party Neutral
Use by other persons
Pay to Play Prohibited
35. 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
Gifts
Should Report Lawyer and Judicial Misconduct
Taking a matter up the ladder
Solicitation in Person
36. 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.
General Requirement for Admission to Practice
Negotiating for Employment
Former Clients
Proprietary Interests
37. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Confidentiality Exception:Protect the Lawyer
Specialization and Fields of Practice
Financial assistance
Taking a matter up the ladder
38. 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.
Effect of Lawyer's termination with a firm
Related lawyers
Withdrawal and COI
Contingent fees
39. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Proprietary Interests
Prospective Client Confidentiality
Diligence
Special Responsibilities of Prosecutors
40. 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
Multijurisdictional Practice
Campaigning and Partisan Activity
Candor to the Tribunal and Adverse Legal Authority
Discrimination
41. Retainers is a fee that is paid to a lawyer to be available during a specified period of time or matter - in addition to any compensation for legal services performed. Retainers agreements must be in writing and are the lawyer's property and do not g
Retainers
Confirmed in writing
Physical Evidence
Who is the client
42. 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
Business transactions with a client
Information gained through representation
Total fee reasonable
Lawyer's Duties
43. 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
Total fee reasonable
Withdrawal and COI
Time limits of confidentiality
Campaigning and Partisan Activity
44. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Imputed Conflicts of interest
Solicitation by Direct Mail
Duties re Property of others
Meretricious and Frivolous Claims
45. 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.
Client Perjury
Use by other persons
Lawyer as Witness
Government service after private employment
46. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Client may consent to prospective client conflict
Withdrawal and COI
Should Report Lawyer and Judicial Misconduct
Concurrent Conflict of Interest
47. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Negotiating for Employment
Informed Consent
Limiting Liability
Withdrawal and COI
48. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Organization as client
Prospective Client Conflict Requirements
Encouragement of Pro Bono
Impropriety and the Appearance of Impropriety
49. 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.
Withdrawal Procedure
Disputes over flat fees
Total fee reasonable
Legal Knowledge and Skill
50. 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).
Imputed Conflicts of interest
Client Under a Disability
Negotiating for Employment
Withdrawal Procedure