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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 may not make a statement about specialization - except patent - trademark - and proctor in admiralty. You may say your practice is limited to or has an emphasis in a certain type of law.
Splitting fees
Partnership with nonlawyers
Purchase of a new law practice
Specialization and Fields of Practice
2. 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
Organization as client
Splitting fees
Payment from a third person
Use by other persons
3. A lawyer has a duty of confidentiality and loyalty.
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4. 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
In house counsel
Duties re Property of others
Trial Publicity
5. 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
Business transactions with a client
Campaigning and Partisan Activity
Withdrawal and COI
6. Client property that is received must be identified - a receipt given to the client - placed in a secure place - and returned to the client when requested. Client files must be turned over - except work product.
Business transactions with a client
Dealing with Third Persons
Audits and Overdrafts
Client property other than money
7. 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
Communication
Retainers
Purchase of a new law practice
Should Report Professional Misconduct
8. 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
Withdrawal and COI
Dealing with Third Persons
Confidentiality Exception:Protect the Lawyer
Factors of reasonableness
9. 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
Supervisory and Subordinate Duties and Liability
Purchase of a new law practice
Duties re Property of others
Reciprocity
10. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Impermissible Conduct in Litigation
Confidentiality Exceptions: Death or substantial Bodily Injury
Trust Account Requirements and Interest
Dealing with Third Persons
11. If the conflict is not adverse but could become so - factors are the possibility or likelihood the conflict will occur and whether the representation would be materially limited because of the lawyer's other responsibilities. A lawyer must obtain wri
Protecting the Client and Unearned Fees in withdrawal
Duty of Subordinate Lawyers
Confidentiality Exception:Future Crime
Potential Conflicts of Interest
12. 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.
Reciprocity
Judge of Third Party Neutral
Purchase of a new law practice
Information relating to the representation
13. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Partnership with nonlawyers
Splitting fees
Government service after private employment
Impropriety and the Appearance of Impropriety
14. 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.
Information gained through representation
Aggregate settlements and pleas
Confidentiality Exception:Protect the Lawyer
When representation is not permitted
15. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Client Perjury
Joining a firm
Informed Consent
Confidentiality Exception:Future Crime
16. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Protecting the Client and Unearned Fees in withdrawal
Organization as client
Financial assistance
Information gained through representation
17. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
When representation is not permitted
Negotiating for Employment
Splitting fees
Limiting Liability
18. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Impermissible Conduct in Litigation
When representation is not permitted
Imputed Conflicts of interest
Nonadjudicative Proceedings
19. 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.
Client Perjury
Accounts
Diligence
Total fee reasonable
20. 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
In house counsel
Factors of reasonableness
Disputes over flat fees
21. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Confidentiality Exception:Future Crime
Should Report Lawyer and Judicial Misconduct
Attorney Liens
22. 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.
Impermissible Conduct in Litigation
Total fee reasonable
Expediting Litigation
Sexual relations with a client
23. 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.
Splitting fees
Withdrawal: Mandatory
Lawyer's Duties
Use by other persons
24. 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.
Total fee reasonable
Negotiating for Employment
Impermissible Conduct in Litigation
Protecting the Client and Unearned Fees in withdrawal
25. 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
Contingent fees
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Joining a firm
Allocation of Authority between Lawyer and Client
26. 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.
Disputes over flat fees
Information gained through representation
Withdrawal: Mandatory
Trial Publicity
27. 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
Confidentiality Exception:Future Crime
Client property other than money
Firm Names and Designations
28. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
Candor to the Tribunal and Adverse Legal Authority
Proprietary Interests
Specialization and Fields of Practice
29. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Allocation of Authority between Lawyer and Client
Pay to Play Prohibited
Confirmed in writing
30. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Informed Consent
Confidentiality Exceptions: Death or substantial Bodily Injury
Impropriety and the Appearance of Impropriety
31. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Solicitation by Direct Mail
Factors of reasonableness
Lawyer's Duties
Allocation of Authority between Lawyer and Client
32. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
General Requirement for Admission to Practice
Concurrent Conflict of Interest
Judge of Third Party Neutral
Disputes over flat fees
33. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Nonadjudicative Proceedings
Encouragement of Pro Bono
Impropriety and the Appearance of Impropriety
Confidentiality Exception:Protect the Lawyer
34. 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.
Non-lawyer employees
Communication
Effect of Lawyer's termination with a firm
Splitting fees
35. 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
Negotiating for Employment
Trust Account Requirements and Interest
Organization as client
Specialization and Fields of Practice
36. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Confidentiality Exception:Legal Advice
Allocation of Authority between Lawyer and Client
Withdrawal and COI
Emergencies
37. 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
Attorney Liens
Lawyer's Duties
Duty of Subordinate Lawyers
Limiting Liability
38. 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.
Payment from a third person
Solicitation in Person
Reciprocity
Proprietary Interests
39. If the client is a corporation - the informed consent needs to come from the entity.
Confirmed in writing
Media rights
Who is the client
Audits and Overdrafts
40. 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..
Legal Knowledge and Skill
Client property other than money
Proprietary Interests
Confidentiality Exception:Protect the Lawyer
41. 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
Business transactions with a client
Should Report Lawyer and Judicial Misconduct
Diligence
42. 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 Exceptions: Death or substantial Bodily Injury
Allocation of Authority between Lawyer and Client
Confirmed in writing
Partnership with nonlawyers
43. 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
Financial assistance
Client may consent to prospective client conflict
Special Responsibilities of Prosecutors
44. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Payment from a third person
Accounts
Promoting Causes Related to the Administration of Justice
Encouragement of Pro Bono
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).
Candor to the Tribunal and Adverse Legal Authority
Special Rules for Government Personnel
Disputes over flat fees
Informed Consent
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
Multijurisdictional Practice
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Confidentiality Exception:Future Crime
Protecting the Client and Unearned Fees in withdrawal
47. 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.
Organization as client
Media rights
Lawyer as Witness
Splitting fees
48. 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.
Prospective Client Confidentiality
Effect of Lawyer's termination with a firm
Withdrawal: Mandatory
When representation is not permitted
49. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Non-lawyer employees
Prospective Client Confidentiality
Trust Account Requirements and Interest
Campaigning and Partisan Activity
50. 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 may consent to prospective client conflict
Judge of Third Party Neutral
Should Report Professional Misconduct
Factors of reasonableness