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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 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
Multijurisdictional Practice
Physical Evidence
Withdrawal and COI
Flat Fees
2. 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.
Information gained through representation
Firm Names and Designations
Related lawyers
False or Misleading Statements
3. 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
Trial Publicity
Withdrawal: Permissive
Duty of Subordinate Lawyers
Audits and Overdrafts
4. 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
Taking a matter up the ladder
Factors of reasonableness
Media rights
Who is the client
5. 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.
Media rights
Prospective Client Conflict Requirements
Withdrawal: Permissive
Client Perjury
6. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Flat Fees
Withdrawal and COI
Withdrawal Procedure
In house counsel
7. 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
General Requirement for Admission to Practice
Encouragement of Pro Bono
Prospective Client Confidentiality
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
8. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Business transactions with a client
Reciprocity
Specialization and Fields of Practice
Client property other than money
9. 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
Prospective Client Conflict Requirements
Communication
In house counsel
10. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Former Clients
Nonadjudicative Proceedings
Protecting the Client and Unearned Fees in withdrawal
Audits and Overdrafts
11. 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.
Audits and Overdrafts
Impermissible Conduct in Litigation
Payment from a third person
Confidentiality Exception:Legal Advice
12. 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
Retainers
Contingent fees
Emergencies
Legal Knowledge and Skill
13. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Audits and Overdrafts
Media rights
Use by other persons
14. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Aiding Unauthorized practice/disbarred Lawyers
Former Clients
Client Under a Disability
15. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Accounts
Dealing with Third Persons
Protecting the Client and Unearned Fees in withdrawal
Duty of Subordinate Lawyers
16. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Solicitation in Person
Confidentiality Exceptions: Death or substantial Bodily Injury
When representation is permitted
Information gained through representation
17. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Confidentiality Exception:Court Fiduciary
Impermissible Conduct in Litigation
Lawyer's Duties
Promoting Causes Related to the Administration of Justice
18. 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
Taking a matter up the ladder
Special Responsibilities of Prosecutors
Proprietary Interests
Nonadjudicative Proceedings
19. 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..
False or Misleading Statements
Confidentiality Exception:Protect the Lawyer
Total fee reasonable
Proprietary Interests
20. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Taking a matter up the ladder
Nonadjudicative Proceedings
Client may consent to prospective client conflict
Judge of Third Party Neutral
21. 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
Non-lawyer employees
Campaigning and Partisan Activity
Multijurisdictional Practice
Gifts
22. 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
General Requirement for Admission to Practice
Trust Account Requirements and Interest
Trial Publicity
Taking a matter up the ladder
23. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Candor to the Tribunal and Adverse Legal Authority
Factors of reasonableness
Confidentiality Exceptions: Death or substantial Bodily Injury
Effect of Lawyer's termination with a firm
24. 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).
Withdrawal Procedure
Impermissible Conduct in Litigation
Confidentiality Exception:Future Crime
Should Report Professional Misconduct
25. 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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26. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Confidentiality Exception:Court order
Business transactions with a client
Emergencies
Pay to Play Prohibited
27. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Firm Names and Designations
Duties re Property of others
Prospective Client Confidentiality
Flat Fees
28. 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
Firm Names and Designations
Former Clients
Gifts
Expediting Litigation
29. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Business transactions with a client
Organization as client
Nonadjudicative Proceedings
Effect of Lawyer's termination with a firm
30. 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.
Retainers
Government service after private employment
Legal Knowledge and Skill
Should Report Professional Misconduct
31. 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
Confidentiality Exception:Court Fiduciary
Concurrent Conflict of Interest
Factors of reasonableness
Negotiating for Employment
32. 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
Protecting the Client and Unearned Fees in withdrawal
Aggregate settlements and pleas
Confidentiality Exception:Legal Advice
33. 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.
Discrimination
Informed Consent
When representation is not permitted
Diligence
34. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Accounts
Withdrawal: Permissive
When representation is not permitted
Financial assistance
35. 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
Time limits of confidentiality
Disputes over flat fees
Client Perjury
Information gained through representation
36. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Payment from a third person
Client Under a Disability
Communication
Impropriety and the Appearance of Impropriety
37. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Former Clients
Withdrawal and COI
Partnership with nonlawyers
Associating with Other Counsel
38. 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
Potential Conflicts of Interest
Pay to Play Prohibited
Taking a matter up the ladder
Nonadjudicative Proceedings
39. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Negotiating for Employment
Client Under a Disability
Confidentiality Exception:Court order
Aiding Unauthorized practice/disbarred Lawyers
40. If the client is a corporation - the informed consent needs to come from the entity.
Expediting Litigation
Pay to Play Prohibited
Who is the client
Associating with Other Counsel
41. 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.
Specialization and Fields of Practice
Confidentiality Exception:Court Fiduciary
When representation is permitted
When Disqualification Required
42. 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.
When Disqualification Required
Encouragement of Pro Bono
Negotiating for Employment
Discrimination
43. 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
Candor to the Tribunal and Adverse Legal Authority
False or Misleading Statements
Withdrawal and COI
Purchase of a new law practice
44. 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.
Allocation of Authority between Lawyer and Client
Organization as client
Should Report Lawyer and Judicial Misconduct
Negotiating for Employment
45. 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 Exception:Future Crime
Concurrent Conflict of Interest
Audits and Overdrafts
Pay to Play Prohibited
46. A lawyer may reveal information relating to the representation to comply with a court order.
Factors of reasonableness
Proprietary Interests
Confidentiality Exception:Court order
Use by other persons
47. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Reciprocity
Non-lawyer employees
Confidentiality Exception:Future Crime
Prospective Client Confidentiality
48. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Judge of Third Party Neutral
Attorney Liens
Protecting the Client and Unearned Fees in withdrawal
Prospective Client Conflict Requirements
49. 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
Accounts
Supervisory and Subordinate Duties and Liability
Solicitation by Direct Mail
Potential Conflicts of Interest
50. 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.
Who is the client
Client property other than money
Accounts
Prospective Client Confidentiality