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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 associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Judge of Third Party Neutral
Trial Publicity
Associating with Other Counsel
Splitting fees
2. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Diligence
Purchase of a new law practice
Expediting Litigation
3. 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
Implied Authority
When representation is permitted
Proprietary Interests
4. 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
Nonadjudicative Proceedings
Organization as client
Duties re Property of others
Candor to the Tribunal and Adverse Legal Authority
5. 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.
Legal Knowledge and Skill
Physical Evidence
Withdrawal: Mandatory
Aiding Unauthorized practice/disbarred Lawyers
6. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Duties re Property of others
Promoting Causes Related to the Administration of Justice
Confidentiality Exception:Protect the Lawyer
Impropriety and the Appearance of Impropriety
7. 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.
Specialization and Fields of Practice
Potential Conflicts of Interest
Pay to Play Prohibited
Splitting fees
8. 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.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Meretricious and Frivolous Claims
Client Under a Disability
False or Misleading Statements
9. The purchase of a law practice is allowed if: entire practice is sold - seller gives clients notice that includes a statement that the client has the right to obtain other counsel and transfer will be presumed if client does not object within 90 days
Purchase of a new law practice
Time limits of confidentiality
Pay to Play Prohibited
Specialization and Fields of Practice
10. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Allocation of Authority between Lawyer and Client
Non-lawyer employees
Confidentiality Exception:Legal Advice
Attorney Liens
11. 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
Disputes over flat fees
False or Misleading Statements
Client may consent to prospective client conflict
12. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Nonadjudicative Proceedings
Client Perjury
Duty of Subordinate Lawyers
Disputes over flat fees
13. 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.
Concurrent Conflict of Interest
Government service after private employment
Lawyer as Witness
When representation is not permitted
14. 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 Perjury
Confidentiality Exception:Legal Advice
Judge of Third Party Neutral
Communication
15. 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.
Withdrawal Procedure
Related lawyers
Contingent fees
Proprietary Interests
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
Judge of Third Party Neutral
Flat Fees
Supervisory and Subordinate Duties and Liability
Should Report Lawyer and Judicial Misconduct
17. 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
Potential Conflicts of Interest
Trust Account Requirements and Interest
Total fee reasonable
18. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Limiting Liability
Disputes over flat fees
Confidentiality Exception:Legal Advice
Gifts
19. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Proprietary Interests
Dealing with Third Persons
Confidentiality Exception:Protect the Lawyer
In house counsel
20. 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
Special Responsibilities of Prosecutors
Government service after private employment
Splitting fees
Media rights
21. A criminal prosecutor has a duty to seek justice and not prosecute unless there is probable cause that the person is guilty of the crime. A prosecutor must advise a defendant of the right to counsel - disclose information that tends to mitigate a fin
Emergencies
Confidentiality Exception:Future Crime
Imputed Conflicts of interest
Special Responsibilities of Prosecutors
22. 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
Duties re Property of others
Solicitation in Person
Dealing with Third Persons
23. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Withdrawal: Mandatory
Implied Authority
Multijurisdictional Practice
24. 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
Government service after private employment
Disputes over flat fees
Campaigning and Partisan Activity
Specialization and Fields of Practice
25. 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
Time limits of confidentiality
Confidentiality Exception:Protect the Lawyer
Retainers
26. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Confidentiality Exception:Future Crime
Solicitation in Person
General Requirement for Admission to Practice
Encouragement of Pro Bono
27. 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
Aggregate settlements and pleas
Taking a matter up the ladder
Duties re Property of others
Encouragement of Pro Bono
28. 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
Implied Authority
Joining a firm
False or Misleading Statements
Confidentiality Exception:Legal Advice
29. 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
Physical Evidence
Withdrawal Procedure
Duty of Subordinate Lawyers
Time limits of confidentiality
30. A lawyer shall not charge or collect unreasonable fees or expenses.
When representation is permitted
Total fee reasonable
Dealing with Third Persons
Limiting Liability
31. Judges should report actual knowledge of lawyer or judge misconduct
Campaigning and Partisan Activity
Lawyer's Duties
Information gained through representation
Should Report Lawyer and Judicial Misconduct
32. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Withdrawal: Permissive
Factors of reasonableness
Communication
General Requirement for Admission to Practice
33. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
When representation is permitted
Discrimination
Payment from a third person
34. 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.
Withdrawal: Mandatory
Government service after private employment
Retainers
Confidentiality Exception:Protect the Lawyer
35. 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
Use by other persons
Legal Knowledge and Skill
Negotiating for Employment
36. 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
General Requirement for Admission to Practice
Client Perjury
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Flat Fees
37. 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
Emergencies
Joining a firm
Concurrent Conflict of Interest
Prospective Client Conflict Requirements
38. If the client is a corporation - the informed consent needs to come from the entity.
Gifts
Former Clients
Candor to the Tribunal and Adverse Legal Authority
Who is the client
39. 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
Withdrawal and COI
Pay to Play Prohibited
Candor to the Tribunal and Adverse Legal Authority
Retainers
40. 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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41. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Special Rules for Government Personnel
Duty of Subordinate Lawyers
Impropriety and the Appearance of Impropriety
Encouragement of Pro Bono
42. 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
Contingent fees
Allocation of Authority between Lawyer and Client
When representation is not permitted
Pay to Play Prohibited
43. 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
Sexual relations with a client
Business transactions with a client
Factors of reasonableness
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
44. 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
Physical Evidence
Imputed Conflicts of interest
Limiting Liability
45. 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
When Disqualification Required
Supervisory and Subordinate Duties and Liability
Duties re Property of others
Financial assistance
46. 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
Implied Authority
Informed Consent
When Disqualification Required
Taking a matter up the ladder
47. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Trial Publicity
Supervisory and Subordinate Duties and Liability
Effect of Lawyer's termination with a firm
Disputes over flat fees
48. 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
Use by other persons
Impropriety and the Appearance of Impropriety
In house counsel
49. 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.
Taking a matter up the ladder
Aggregate settlements and pleas
Withdrawal: Mandatory
Expediting Litigation
50. 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
Nonadjudicative Proceedings
Encouragement of Pro Bono
When representation is permitted
Communication
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