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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 representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Informed Consent
Nonadjudicative Proceedings
Client Under a Disability
Taking a matter up the ladder
2. 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
Emergencies
Flat Fees
Diligence
3. 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
Retainers
Flat Fees
Partnership with nonlawyers
Physical Evidence
4. 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:Future Crime
Duty of Subordinate Lawyers
Proprietary Interests
Confidentiality Exception:Court Fiduciary
5. 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.
Impermissible Conduct in Litigation
Confidentiality Exception:Court Fiduciary
Potential Conflicts of Interest
Information gained through representation
6. 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 and COI
Joining a firm
Government service after private employment
Confidentiality Exception:Court Fiduciary
7. 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
Client Under a Disability
Diligence
Impropriety and the Appearance of Impropriety
8. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Concurrent Conflict of Interest
Trial Publicity
Prospective Client Confidentiality
Encouragement of Pro Bono
9. 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
Concurrent Conflict of Interest
Former Clients
Withdrawal: Mandatory
10. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Specialization and Fields of Practice
Promoting Causes Related to the Administration of Justice
Flat Fees
Factors of reasonableness
11. 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.
Judge of Third Party Neutral
Attorney Liens
When representation is not permitted
Total fee reasonable
12. If the client is a corporation - the informed consent needs to come from the entity.
General Requirement for Admission to Practice
Should Report Professional Misconduct
Legal Knowledge and Skill
Who is the client
13. 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
Sexual relations with a client
Factors of reasonableness
False or Misleading Statements
Multijurisdictional Practice
14. 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.
Limiting Liability
Duty of Subordinate Lawyers
Confidentiality Exception:Future Crime
Proprietary Interests
15. 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.
Prospective Client Conflict Requirements
Former Clients
Dealing with Third Persons
Non-lawyer employees
16. 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.
When Disqualification Required
Accounts
Information gained through representation
Diligence
17. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Non-lawyer employees
Prospective Client Confidentiality
Confidentiality Exception:Legal Advice
Special Responsibilities of Prosecutors
18. 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
Confidentiality Exception:Protect the Lawyer
Client Perjury
Reciprocity
Protecting the Client and Unearned Fees in withdrawal
19. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Trust Account Requirements and Interest
Aiding Unauthorized practice/disbarred Lawyers
In house counsel
Impermissible Conduct in Litigation
20. 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.
Purchase of a new law practice
Impermissible Conduct in Litigation
Meretricious and Frivolous Claims
Discrimination
21. A lawyer had a duty to expedite litigation.
When Disqualification Required
Withdrawal and COI
Contingent fees
Expediting Litigation
22. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Who is the client
Informed Consent
Pay to Play Prohibited
Discrimination
23. 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.
Meretricious and Frivolous Claims
Reciprocity
Proprietary Interests
Contingent fees
24. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Trust Account Requirements and Interest
Discrimination
Dealing with Third Persons
Emergencies
25. 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
Diligence
Judge of Third Party Neutral
Duties re Property of others
26. 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
Withdrawal Procedure
Solicitation by Direct Mail
Specialization and Fields of Practice
27. 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
Information gained through representation
Judge of Third Party Neutral
Use by other persons
Nonadjudicative Proceedings
28. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Who is the client
Attorney Liens
Effect of Lawyer's termination with a firm
29. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Diligence
Aggregate settlements and pleas
Communication
Informed Consent
30. 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
Solicitation in Person
Pay to Play Prohibited
Withdrawal: Permissive
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
31. 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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32. 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
Dealing with Third Persons
Business transactions with a client
Information relating to the representation
Audits and Overdrafts
33. 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.
When representation is permitted
Related lawyers
Protecting the Client and Unearned Fees in withdrawal
Client property other than money
34. 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.
Encouragement of Pro Bono
Discrimination
Expediting Litigation
Factors of reasonableness
35. 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.
Prospective Client Conflict Requirements
Client Under a Disability
Effect of Lawyer's termination with a firm
Retainers
36. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Discrimination
Confidentiality Exception:Legal Advice
Duties re Property of others
Flat Fees
37. 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
Should Report Lawyer and Judicial Misconduct
Purchase of a new law practice
Supervisory and Subordinate Duties and Liability
When representation is not permitted
38. 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
Information relating to the representation
Aiding Unauthorized practice/disbarred Lawyers
Multijurisdictional Practice
39. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Confidentiality Exception:Future Crime
Solicitation by Direct Mail
Reciprocity
Encouragement of Pro Bono
40. Lawyers have a duty to expedite litigation - act in a timely manner - and not neglect cases. A lawyer should manage her caseload so there is enough time to effectively represent all her clients.
Associating with Other Counsel
Who is the client
Negotiating for Employment
Diligence
41. 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.
Confidentiality Exceptions: Death or substantial Bodily Injury
Sexual relations with a client
Imputed Conflicts of interest
Accounts
42. A lawyer has a duty of confidentiality and loyalty.
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43. 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.
Protecting the Client and Unearned Fees in withdrawal
Impermissible Conduct in Litigation
Negotiating for Employment
Reciprocity
44. 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.
Lawyer as Witness
Prospective Client Confidentiality
Time limits of confidentiality
Withdrawal: Mandatory
45. 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
Trial Publicity
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Contingent fees
46. 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.
Information relating to the representation
Promoting Causes Related to the Administration of Justice
Client Perjury
Related lawyers
47. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Taking a matter up the ladder
Organization as client
Informed Consent
Imputed Conflicts of interest
48. 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.
Aiding Unauthorized practice/disbarred Lawyers
Information gained through representation
Media rights
Trial Publicity
49. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Dealing with Third Persons
Special Rules for Government Personnel
Aiding Unauthorized practice/disbarred Lawyers
Accounts
50. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Allocation of Authority between Lawyer and Client
Expediting Litigation
Payment from a third person