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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 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
Flat Fees
Judge of Third Party Neutral
Accounts
Withdrawal: Permissive
2. 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
Candor to the Tribunal and Adverse Legal Authority
Audits and Overdrafts
Concurrent Conflict of Interest
Encouragement of Pro Bono
3. 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.
Diligence
Duties re Property of others
Confirmed in writing
Media rights
4. 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.
Splitting fees
Audits and Overdrafts
General Requirement for Admission to Practice
Former Clients
5. A lawyer may reveal information relating to the representation to comply with a court order.
Lawyer as Witness
Non-lawyer employees
Information relating to the representation
Confidentiality Exception:Court order
6. 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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7. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Meretricious and Frivolous Claims
Confidentiality Exception:Future Crime
In house counsel
Allocation of Authority between Lawyer and Client
8. 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
Lawyer as Witness
Attorney Liens
Imputed Conflicts of interest
9. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Potential Conflicts of Interest
Confidentiality Exceptions: Death or substantial Bodily Injury
Candor to the Tribunal and Adverse Legal Authority
Total fee reasonable
10. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Gifts
General Requirement for Admission to Practice
Duty of Subordinate Lawyers
Encouragement of Pro Bono
11. 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.
Retainers
Allocation of Authority between Lawyer and Client
Client Under a Disability
Special Rules for Government Personnel
12. 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.
Who is the client
Expediting Litigation
Purchase of a new law practice
False or Misleading Statements
13. 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
Multijurisdictional Practice
Use by other persons
Associating with Other Counsel
14. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Impropriety and the Appearance of Impropriety
Prospective Client Confidentiality
Accounts
Informed Consent
15. A lawyer has a duty of confidentiality and loyalty.
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16. 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
Allocation of Authority between Lawyer and Client
Negotiating for Employment
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Contingent fees
17. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Government service after private employment
Communication
Concurrent Conflict of Interest
Splitting fees
18. 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
Lawyer as Witness
Lawyer's Duties
Nonadjudicative Proceedings
19. A lawyer shall not charge or collect unreasonable fees or expenses.
Total fee reasonable
Informed Consent
Multijurisdictional Practice
When Disqualification Required
20. 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
Physical Evidence
Factors of reasonableness
Business transactions with a client
21. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Campaigning and Partisan Activity
Duties re Property of others
Limiting Liability
Organization as client
22. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Organization as client
In house counsel
Promoting Causes Related to the Administration of Justice
Accounts
23. 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
Should Report Professional Misconduct
Use by other persons
Time limits of confidentiality
Promoting Causes Related to the Administration of Justice
24. 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
Information gained through representation
Client property other than money
Retainers
Confidentiality Exception:Legal Advice
25. 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.
Solicitation in Person
Disputes over flat fees
Physical Evidence
Lawyer as Witness
26. 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
Discrimination
Splitting fees
Withdrawal: Permissive
Withdrawal and COI
27. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Effect of Lawyer's termination with a firm
Special Responsibilities of Prosecutors
Implied Authority
Organization as client
28. Direct mailing is allowed - even targeted mailings.
Prospective Client Confidentiality
Solicitation by Direct Mail
Confidentiality Exception:Legal Advice
Associating with Other Counsel
29. 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
Campaigning and Partisan Activity
Prospective Client Conflict Requirements
Legal Knowledge and Skill
Confidentiality Exception:Court order
30. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Total fee reasonable
Joining a firm
Organization as client
31. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Solicitation by Direct Mail
Government service after private employment
Aggregate settlements and pleas
Withdrawal: Permissive
32. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Audits and Overdrafts
Encouragement of Pro Bono
Withdrawal and COI
Splitting fees
33. 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
Special Rules for Government Personnel
Emergencies
Government service after private employment
34. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Solicitation in Person
Contingent fees
Multijurisdictional Practice
Meretricious and Frivolous Claims
35. 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
Splitting fees
Partnership with nonlawyers
Total fee reasonable
Information gained through representation
36. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Confidentiality Exception:Future Crime
Associating with Other Counsel
Firm Names and Designations
37. 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
Audits and Overdrafts
Lawyer's Duties
Encouragement of Pro Bono
38. 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: Mandatory
Withdrawal: Permissive
Confidentiality Exception:Protect the Lawyer
Who is the client
39. 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.
Confidentiality Exception:Future Crime
Accounts
Former Clients
Partnership with nonlawyers
40. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Informed Consent
Withdrawal: Permissive
Supervisory and Subordinate Duties and Liability
Impermissible Conduct in Litigation
41. 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
When representation is not permitted
Duty of Subordinate Lawyers
When Disqualification Required
Government service after private employment
42. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Promoting Causes Related to the Administration of Justice
Associating with Other Counsel
Confidentiality Exception:Court Fiduciary
Duties re Property of others
43. 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.
Encouragement of Pro Bono
Prospective Client Conflict Requirements
Withdrawal: Mandatory
Physical Evidence
44. 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.
Discrimination
Prospective Client Conflict Requirements
Retainers
Sexual relations with a client
45. 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
Duties re Property of others
Audits and Overdrafts
Should Report Lawyer and Judicial Misconduct
Solicitation by Direct Mail
46. 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.
Dealing with Third Persons
Special Rules for Government Personnel
Proprietary Interests
Impropriety and the Appearance of Impropriety
47. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Supervisory and Subordinate Duties and Liability
Trust Account Requirements and Interest
Solicitation in Person
Limiting Liability
48. 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.
Joining a firm
Proprietary Interests
Use by other persons
Multijurisdictional Practice
49. 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
Withdrawal Procedure
Imputed Conflicts of interest
Flat Fees
Trial Publicity
50. 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
Confidentiality Exception:Court Fiduciary
Solicitation in Person
Candor to the Tribunal and Adverse Legal Authority