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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. 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
Should Report Lawyer and Judicial Misconduct
Withdrawal: Mandatory
When Disqualification Required
2. 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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3. 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.
When representation is permitted
Impermissible Conduct in Litigation
Should Report Lawyer and Judicial Misconduct
Prospective Client Conflict Requirements
4. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Negotiating for Employment
Non-lawyer employees
Client property other than money
Disputes over flat fees
5. 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
Solicitation by Direct Mail
Encouragement of Pro Bono
Audits and Overdrafts
6. 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
Effect of Lawyer's termination with a firm
Legal Knowledge and Skill
Audits and Overdrafts
In house counsel
7. 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
Who is the client
Firm Names and Designations
In house counsel
8. 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
Protecting the Client and Unearned Fees in withdrawal
Attorney Liens
Withdrawal: Permissive
Flat Fees
9. 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
Supervisory and Subordinate Duties and Liability
Financial assistance
Campaigning and Partisan Activity
Duty of Subordinate Lawyers
10. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Legal Knowledge and Skill
Retainers
Confidentiality Exception:Court order
Allocation of Authority between Lawyer and Client
11. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Media rights
Solicitation by Direct Mail
Joining a firm
12. 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
Purchase of a new law practice
Potential Conflicts of Interest
Withdrawal: Permissive
Special Responsibilities of Prosecutors
13. 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.
When representation is not permitted
Discrimination
Client Perjury
Special Rules for Government Personnel
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 property other than money
Related lawyers
Confirmed in writing
Judge of Third Party Neutral
15. 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.
Reciprocity
Time limits of confidentiality
Accounts
Discrimination
16. To be admitted to practice in WA - you must: be a graduate of an ABA approved law school - complete the WSBA clerkship program - or through reciprocity AND be of good moral character.
General Requirement for Admission to Practice
Firm Names and Designations
Related lawyers
Emergencies
17. 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
Duties re Property of others
Client property other than money
Withdrawal and COI
18. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
General Requirement for Admission to Practice
Confidentiality Exception:Court Fiduciary
Aggregate settlements and pleas
19. If the client is a corporation - the informed consent needs to come from the entity.
Who is the client
Withdrawal Procedure
Should Report Lawyer and Judicial Misconduct
Protecting the Client and Unearned Fees in withdrawal
20. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Confidentiality Exception:Future Crime
When representation is not permitted
Communication
Potential Conflicts of Interest
21. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Factors of reasonableness
Judge of Third Party Neutral
Time limits of confidentiality
Protecting the Client and Unearned Fees in withdrawal
22. If the matter is in litigation - the lawyer must obtain the tribunal's permission to withdraw. State court requires a notice of intent with a minimum of 10 days notice (effective if no objection).
General Requirement for Admission to Practice
Flat Fees
Withdrawal Procedure
Discrimination
23. 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.
Withdrawal and COI
Negotiating for Employment
Information relating to the representation
Encouragement of Pro Bono
24. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exceptions: Death or substantial Bodily Injury
Solicitation in Person
Promoting Causes Related to the Administration of Justice
Communication
25. A lawyer has a duty of confidentiality and loyalty.
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26. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Legal Knowledge and Skill
Use by other persons
Client may consent to prospective client conflict
Associating with Other Counsel
27. 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.
Related lawyers
Total fee reasonable
Former Clients
Potential Conflicts of Interest
28. 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
Limiting Liability
Splitting fees
Aggregate settlements and pleas
Proprietary Interests
29. 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.
Trial Publicity
Aggregate settlements and pleas
Information relating to the representation
Retainers
30. 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
When Disqualification Required
Trial Publicity
Lawyer's Duties
Duty of Subordinate Lawyers
31. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Dealing with Third Persons
Promoting Causes Related to the Administration of Justice
Solicitation by Direct Mail
Informed Consent
32. 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
Retainers
Candor to the Tribunal and Adverse Legal Authority
Impropriety and the Appearance of Impropriety
Meretricious and Frivolous Claims
33. 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
Lawyer's Duties
Should Report Professional Misconduct
Withdrawal Procedure
34. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Special Responsibilities of Prosecutors
Negotiating for Employment
Impropriety and the Appearance of Impropriety
Dealing with Third Persons
35. 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
Trial Publicity
Multijurisdictional Practice
Partnership with nonlawyers
36. 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
Nonadjudicative Proceedings
Flat Fees
Confidentiality Exception:Court Fiduciary
Pay to Play Prohibited
37. 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.
Lawyer's Duties
Withdrawal Procedure
Total fee reasonable
Withdrawal: Mandatory
38. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Client property other than money
Taking a matter up the ladder
Flat Fees
39. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Expediting Litigation
Trial Publicity
Solicitation by Direct Mail
40. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Client Under a Disability
Judge of Third Party Neutral
Aiding Unauthorized practice/disbarred Lawyers
41. 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.
Trial Publicity
Physical Evidence
Limiting Liability
Allocation of Authority between Lawyer and Client
42. 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).
Aiding Unauthorized practice/disbarred Lawyers
Limiting Liability
Special Rules for Government Personnel
Reciprocity
43. 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.
Withdrawal: Mandatory
Total fee reasonable
Information relating to the representation
Sexual relations with a client
44. 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
Confidentiality Exception:Court Fiduciary
Impropriety and the Appearance of Impropriety
Encouragement of Pro Bono
Audits and Overdrafts
45. 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.
Trial Publicity
Media rights
Impermissible Conduct in Litigation
Withdrawal and COI
46. 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
Reciprocity
Who is the client
Time limits of confidentiality
Former Clients
47. 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.
Withdrawal: Permissive
Former Clients
Client Under a Disability
Partnership with nonlawyers
48. 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.
Information gained through representation
Duty of Subordinate Lawyers
Payment from a third person
Confidentiality Exception:Legal Advice
49. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Non-lawyer employees
Emergencies
Withdrawal: Permissive
50. 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.
Confidentiality Exception:Court Fiduciary
Limiting Liability
Gifts
Should Report Lawyer and Judicial Misconduct