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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. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Proprietary Interests
Splitting fees
Joining a firm
2. 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.
Duty of Subordinate Lawyers
Media rights
Client Under a Disability
Trust Account Requirements and Interest
3. A lawyer had a duty to expedite litigation.
Expediting Litigation
Total fee reasonable
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Dealing with Third Persons
4. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Trust Account Requirements and Interest
Allocation of Authority between Lawyer and Client
Candor to the Tribunal and Adverse Legal Authority
Informed Consent
5. Judges should report actual knowledge of lawyer or judge misconduct
Promoting Causes Related to the Administration of Justice
Client property other than money
When representation is permitted
Should Report Lawyer and Judicial Misconduct
6. 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.
General Requirement for Admission to Practice
Supervisory and Subordinate Duties and Liability
Information gained through representation
Information relating to the representation
7. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Client Under a Disability
Limiting Liability
Protecting the Client and Unearned Fees in withdrawal
Duties re Property of others
8. 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.
Supervisory and Subordinate Duties and Liability
Confidentiality Exception:Legal Advice
Non-lawyer employees
Accounts
9. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Concurrent Conflict of Interest
Solicitation by Direct Mail
Lawyer as Witness
Confidentiality Exception:Legal Advice
10. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Contingent fees
Confirmed in writing
Potential Conflicts of Interest
Emergencies
11. 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.
In house counsel
Impropriety and the Appearance of Impropriety
Organization as client
Contingent fees
12. 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.
Legal Knowledge and Skill
Sexual relations with a client
Expediting Litigation
Judge of Third Party Neutral
13. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Purchase of a new law practice
Special Rules for Government Personnel
Imputed Conflicts of interest
Communication
14. 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.
Use by other persons
Flat Fees
Partnership with nonlawyers
Client property other than money
15. 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.
General Requirement for Admission to Practice
Splitting fees
Trial Publicity
Impermissible Conduct in Litigation
16. 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
Judge of Third Party Neutral
Expediting Litigation
False or Misleading Statements
When representation is permitted
17. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
When Disqualification Required
Physical Evidence
Reciprocity
Retainers
18. 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
Meretricious and Frivolous Claims
Confidentiality Exception:Protect the Lawyer
Campaigning and Partisan Activity
Protecting the Client and Unearned Fees in withdrawal
19. 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.
Total fee reasonable
Impropriety and the Appearance of Impropriety
Aggregate settlements and pleas
Judge of Third Party Neutral
20. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Aggregate settlements and pleas
Organization as client
Supervisory and Subordinate Duties and Liability
Financial assistance
21. 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
Impermissible Conduct in Litigation
Proprietary Interests
Joining a firm
Business transactions with a client
22. 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
Prospective Client Conflict Requirements
Meretricious and Frivolous Claims
Splitting fees
Confidentiality Exception:Future Crime
23. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Concurrent Conflict of Interest
Allocation of Authority between Lawyer and Client
Factors of reasonableness
Prospective Client Confidentiality
24. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Aiding Unauthorized practice/disbarred Lawyers
Impropriety and the Appearance of Impropriety
Confidentiality Exception:Court order
Government service after private employment
25. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Client property other than money
Confidentiality Exception:Court Fiduciary
Imputed Conflicts of interest
In house counsel
26. 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
Partnership with nonlawyers
Information gained through representation
Aggregate settlements and pleas
Protecting the Client and Unearned Fees in withdrawal
27. 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.
Diligence
Confidentiality Exception:Court Fiduciary
False or Misleading Statements
Information relating to the representation
28. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
When representation is permitted
Taking a matter up the ladder
Candor to the Tribunal and Adverse Legal Authority
29. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Duties re Property of others
Government service after private employment
Confirmed in writing
30. 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
Former Clients
Audits and Overdrafts
Judge of Third Party Neutral
Confidentiality Exception:Legal Advice
31. 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
Information relating to the representation
Sexual relations with a client
Time limits of confidentiality
Promoting Causes Related to the Administration of Justice
32. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Diligence
Duties re Property of others
Sexual relations with a client
Aggregate settlements and pleas
33. 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
Duty of Subordinate Lawyers
Informed Consent
Specialization and Fields of Practice
34. 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
Time limits of confidentiality
Effect of Lawyer's termination with a firm
Retainers
35. 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.
Communication
Prospective Client Confidentiality
Payment from a third person
Accounts
36. 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.
Non-lawyer employees
Implied Authority
Diligence
Use by other persons
37. 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
Encouragement of Pro Bono
Withdrawal: Permissive
Client Perjury
Solicitation in Person
38. If the client is a corporation - the informed consent needs to come from the entity.
Who is the client
Time limits of confidentiality
Pay to Play Prohibited
Aiding Unauthorized practice/disbarred Lawyers
39. 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.
Confirmed in writing
Specialization and Fields of Practice
Negotiating for Employment
When Disqualification Required
40. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
False or Misleading Statements
Flat Fees
Client may consent to prospective client conflict
Confidentiality Exception:Legal Advice
41. 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.
Aggregate settlements and pleas
Confidentiality Exception:Court Fiduciary
Candor to the Tribunal and Adverse Legal Authority
Non-lawyer employees
42. 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
Multijurisdictional Practice
Physical Evidence
Former Clients
Discrimination
43. 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
Communication
Flat Fees
Withdrawal Procedure
Taking a matter up the ladder
44. A lawyer has a duty of confidentiality and loyalty.
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45. 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
Effect of Lawyer's termination with a firm
Multijurisdictional Practice
Confidentiality Exception:Future Crime
46. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Client may consent to prospective client conflict
Information gained through representation
Disputes over flat fees
Emergencies
47. 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
Purchase of a new law practice
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Gifts
Lawyer's Duties
48. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Nonadjudicative Proceedings
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Prospective Client Conflict Requirements
Potential Conflicts of Interest
49. 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 Procedure
Retainers
Gifts
Confidentiality Exception:Court Fiduciary
50. 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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