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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 who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Related lawyers
Prospective Client Confidentiality
Attorney Liens
Prospective Client Conflict Requirements
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.
Aiding Unauthorized practice/disbarred Lawyers
Trial Publicity
Former Clients
Splitting fees
3. 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.
Associating with Other Counsel
Trust Account Requirements and Interest
Sexual relations with a client
Client Perjury
4. 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
Sexual relations with a client
Confidentiality Exception:Legal Advice
Duties re Property of others
Should Report Professional Misconduct
5. A lawyer may reveal information relating to the representation to comply with a court order.
Who is the client
Special Responsibilities of Prosecutors
Confidentiality Exception:Court order
Confidentiality Exception:Legal Advice
6. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
Related lawyers
When Disqualification Required
Confidentiality Exception:Court order
7. If the client is a corporation - the informed consent needs to come from the entity.
Withdrawal and COI
False or Misleading Statements
Confidentiality Exception:Legal Advice
Who is the client
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.
Total fee reasonable
Flat Fees
Information relating to the representation
When representation is not permitted
9. 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
Lawyer as Witness
When Disqualification Required
Duties re Property of others
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
10. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Confirmed in writing
Purchase of a new law practice
Withdrawal: Permissive
11. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Protecting the Client and Unearned Fees in withdrawal
Related lawyers
Information relating to the representation
Allocation of Authority between Lawyer and Client
12. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Diligence
Associating with Other Counsel
Media rights
Effect of Lawyer's termination with a firm
13. 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
Confidentiality Exception:Future Crime
When representation is permitted
Who is the client
Factors of reasonableness
14. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Negotiating for Employment
Duty of Subordinate Lawyers
Allocation of Authority between Lawyer and Client
Encouragement of Pro Bono
15. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Information relating to the representation
Limiting Liability
False or Misleading Statements
Multijurisdictional Practice
16. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Client Under a Disability
Reciprocity
Prospective Client Confidentiality
Informed Consent
17. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Promoting Causes Related to the Administration of Justice
Potential Conflicts of Interest
Confidentiality Exception:Legal Advice
Non-lawyer employees
18. 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.
Implied Authority
Confidentiality Exception:Court Fiduciary
Media rights
Prospective Client Conflict Requirements
19. 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
Information relating to the representation
Firm Names and Designations
Lawyer as Witness
Multijurisdictional Practice
20. 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
Duties re Property of others
Financial assistance
Physical Evidence
21. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal: Permissive
Contingent fees
Withdrawal and COI
Supervisory and Subordinate Duties and Liability
22. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Trial Publicity
Candor to the Tribunal and Adverse Legal Authority
Duties re Property of others
Withdrawal and COI
23. 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
Financial assistance
Implied Authority
When representation is permitted
24. 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
Client property other than money
Gifts
Promoting Causes Related to the Administration of Justice
25. 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
False or Misleading Statements
Lawyer as Witness
Judge of Third Party Neutral
Taking a matter up the ladder
26. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Use by other persons
Implied Authority
Nonadjudicative Proceedings
Factors of reasonableness
27. 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 Rules for Government Personnel
When representation is permitted
Duty of Subordinate Lawyers
Contingent fees
28. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Expediting Litigation
Client may consent to prospective client conflict
Pay to Play Prohibited
Dealing with Third Persons
29. 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.
Nonadjudicative Proceedings
Informed Consent
Attorney Liens
Firm Names and Designations
30. 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.
Should Report Professional Misconduct
Negotiating for Employment
When representation is not permitted
Time limits of confidentiality
31. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Communication
Who is the client
Gifts
Special Responsibilities of Prosecutors
32. 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
Gifts
Solicitation in Person
Attorney Liens
Imputed Conflicts of interest
33. 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.
Duties re Property of others
Withdrawal: Mandatory
Emergencies
Confidentiality Exception:Future Crime
34. 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.
Trial Publicity
Limiting Liability
Imputed Conflicts of interest
Payment from a third person
35. 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
Limiting Liability
Impropriety and the Appearance of Impropriety
Audits and Overdrafts
Judge of Third Party Neutral
36. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Firm Names and Designations
Emergencies
Client Perjury
Negotiating for Employment
37. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
When representation is permitted
Accounts
Encouragement of Pro Bono
Aggregate settlements and pleas
38. 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.
Withdrawal: Permissive
Limiting Liability
Impermissible Conduct in Litigation
Confidentiality Exceptions: Death or substantial Bodily Injury
39. 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
Duty of Subordinate Lawyers
Financial assistance
Use by other persons
Business transactions with a client
40. 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.
Dealing with Third Persons
Trial Publicity
Non-lawyer employees
Withdrawal Procedure
41. 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
Impropriety and the Appearance of Impropriety
Client may consent to prospective client conflict
Promoting Causes Related to the Administration of Justice
Purchase of a new law practice
42. 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.
Government service after private employment
Trial Publicity
Should Report Professional Misconduct
Organization as client
43. A lawyer shall not charge or collect unreasonable fees or expenses.
Total fee reasonable
Client property other than money
When representation is permitted
General Requirement for Admission to Practice
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.
Factors of reasonableness
Withdrawal: Mandatory
Withdrawal Procedure
Use by other persons
45. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Nonadjudicative Proceedings
Reciprocity
Time limits of confidentiality
False or Misleading Statements
46. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Disputes over flat fees
Concurrent Conflict of Interest
Confidentiality Exception:Future Crime
Solicitation by Direct Mail
47. A lawyer has a duty of confidentiality and loyalty.
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48. 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
Dealing with Third Persons
Campaigning and Partisan Activity
Confidentiality Exception:Court order
Candor to the Tribunal and Adverse Legal Authority
49. 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
Discrimination
Protecting the Client and Unearned Fees in withdrawal
Partnership with nonlawyers
Reciprocity
50. 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
Aggregate settlements and pleas
Solicitation in Person
Splitting fees