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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. 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.
Campaigning and Partisan Activity
Withdrawal: Mandatory
Allocation of Authority between Lawyer and Client
When Disqualification Required
2. A lawyer who has formerly represented a client shall not represent another person in the same or substantially the same matter that is adverse to the former client unless given informed consent.
Former Clients
Should Report Professional Misconduct
Information gained through representation
Sexual relations with a client
3. 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
Non-lawyer employees
Allocation of Authority between Lawyer and Client
Client property other than money
Campaigning and Partisan Activity
4. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Lawyer as Witness
Prospective Client Conflict Requirements
Emergencies
Firm Names and Designations
5. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Imputed Conflicts of interest
Withdrawal and COI
False or Misleading Statements
When representation is not permitted
6. 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
Concurrent Conflict of Interest
Expediting Litigation
Should Report Professional Misconduct
Confidentiality Exception:Future Crime
7. 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
Confirmed in writing
Judge of Third Party Neutral
Information gained through representation
8. 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.
Trial Publicity
Joining a firm
Judge of Third Party Neutral
Information relating to the representation
9. Lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims unless each client gives informed written consent. Client must know how much each client is getting.
Impropriety and the Appearance of Impropriety
Aggregate settlements and pleas
Partnership with nonlawyers
Business transactions with a client
10. 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
Factors of reasonableness
Multijurisdictional Practice
Duty of Subordinate Lawyers
Allocation of Authority between Lawyer and Client
11. 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
Withdrawal and COI
Client Perjury
Pay to Play Prohibited
Expediting Litigation
12. 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.
Total fee reasonable
Lawyer as Witness
Should Report Lawyer and Judicial Misconduct
Should Report Professional Misconduct
13. 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.
Trust Account Requirements and Interest
Imputed Conflicts of interest
Expediting Litigation
Sexual relations with a client
14. A lawyer may never use confidential information to the client's disadvantage.
Should Report Professional Misconduct
Information gained through representation
Negotiating for Employment
Joining a firm
15. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Non-lawyer employees
Negotiating for Employment
Attorney Liens
Imputed Conflicts of interest
16. 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.
Total fee reasonable
Media rights
Joining a firm
Disputes over flat fees
17. A lawyer is responsible for the actions of nonlegal personnel if the conduct of such persons would be in violation of the RPC if engaged in by the lawyer and the lawyer orders or ratifies the conduct.
Client Perjury
Sexual relations with a client
Impermissible Conduct in Litigation
Non-lawyer employees
18. 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
Joining a firm
Attorney Liens
Impropriety and the Appearance of Impropriety
Sexual relations with a client
19. 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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20. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Protecting the Client and Unearned Fees in withdrawal
Confidentiality Exceptions: Death or substantial Bodily Injury
Information relating to the representation
Should Report Professional Misconduct
21. 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
Joining a firm
Solicitation by Direct Mail
In house counsel
22. 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
Media rights
Informed Consent
Withdrawal: Mandatory
Business transactions with a client
23. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Lawyer's Duties
Prospective Client Confidentiality
Informed Consent
Solicitation in Person
24. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Withdrawal Procedure
Media rights
Limiting Liability
Attorney Liens
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.
Legal Knowledge and Skill
Negotiating for Employment
False or Misleading Statements
Promoting Causes Related to the Administration of Justice
26. 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
Splitting fees
Disputes over flat fees
Confidentiality Exception:Future Crime
27. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Withdrawal Procedure
Nonadjudicative Proceedings
Associating with Other Counsel
Aiding Unauthorized practice/disbarred Lawyers
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
Joining a firm
Partnership with nonlawyers
Impermissible Conduct in Litigation
When Disqualification Required
29. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Discrimination
Confidentiality Exception:Court Fiduciary
Imputed Conflicts of interest
30. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Joining a firm
Special Rules for Government Personnel
Former Clients
Government service after private employment
31. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Withdrawal: Mandatory
Time limits of confidentiality
Communication
Proprietary Interests
32. 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
Confidentiality Exception:Court order
Informed Consent
Concurrent Conflict of Interest
33. 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
Confidentiality Exception:Legal Advice
Special Rules for Government Personnel
When representation is not permitted
Partnership with nonlawyers
34. 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
Disputes over flat fees
Discrimination
Should Report Professional Misconduct
35. 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.
Discrimination
Information gained through representation
Physical Evidence
Confidentiality Exception:Future Crime
36. 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 Responsibilities of Prosecutors
Factors of reasonableness
Special Rules for Government Personnel
Joining a firm
37. 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
Promoting Causes Related to the Administration of Justice
Client Perjury
Solicitation by Direct Mail
When representation is permitted
38. 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
Physical Evidence
Special Responsibilities of Prosecutors
When representation is permitted
General Requirement for Admission to Practice
39. A lawyer has a duty of confidentiality and loyalty.
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40. 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
Impropriety and the Appearance of Impropriety
Sexual relations with a client
Nonadjudicative Proceedings
41. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Sexual relations with a client
Time limits of confidentiality
Trust Account Requirements and Interest
Disputes over flat fees
42. 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
Client Under a Disability
Confidentiality Exception:Protect the Lawyer
Encouragement of Pro Bono
Judge of Third Party Neutral
43. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Confidentiality Exception:Court Fiduciary
Prospective Client Conflict Requirements
Physical Evidence
Duties re Property of others
44. 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.
Use by other persons
Government service after private employment
Confidentiality Exception:Protect the Lawyer
Allocation of Authority between Lawyer and Client
45. 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.
Splitting fees
General Requirement for Admission to Practice
Limiting Liability
Potential Conflicts of Interest
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
Emergencies
Confidentiality Exceptions: Death or substantial Bodily Injury
Confidentiality Exception:Legal Advice
47. 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.
Firm Names and Designations
Confirmed in writing
Client Perjury
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
48. 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
Withdrawal Procedure
Associating with Other Counsel
Judge of Third Party Neutral
Duty of Subordinate Lawyers
49. 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.
Attorney Liens
Organization as client
False or Misleading Statements
Imputed Conflicts of interest
50. 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.
Splitting fees
Disputes over flat fees
Confidentiality Exception:Protect the Lawyer
Negotiating for Employment