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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 judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Expediting Litigation
Promoting Causes Related to the Administration of Justice
Special Rules for Government Personnel
Solicitation in Person
2. 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
Judge of Third Party Neutral
Special Rules for Government Personnel
Proprietary Interests
Gifts
3. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Organization as client
Multijurisdictional Practice
Contingent fees
Communication
4. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Flat Fees
Trust Account Requirements and Interest
Information relating to the representation
Associating with Other Counsel
5. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
When representation is not permitted
Multijurisdictional Practice
Accounts
In house counsel
6. 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.
Organization as client
Purchase of a new law practice
Protecting the Client and Unearned Fees in withdrawal
Diligence
7. 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
Negotiating for Employment
Duty of Subordinate Lawyers
Who is the client
8. 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.
Aiding Unauthorized practice/disbarred Lawyers
Duty of Subordinate Lawyers
Duties re Property of others
Discrimination
9. 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.
Contingent fees
Trial Publicity
Encouragement of Pro Bono
Promoting Causes Related to the Administration of Justice
10. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Confidentiality Exception:Future Crime
Limiting Liability
Trial Publicity
11. 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.
Impermissible Conduct in Litigation
Trial Publicity
Former Clients
Client may consent to prospective client conflict
12. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Aiding Unauthorized practice/disbarred Lawyers
Pay to Play Prohibited
Duties re Property of others
Allocation of Authority between Lawyer and Client
13. 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.
Withdrawal Procedure
Prospective Client Conflict Requirements
Business transactions with a client
Payment from a third person
14. 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.
Aggregate settlements and pleas
Related lawyers
Client may consent to prospective client conflict
Withdrawal and COI
15. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Legal Knowledge and Skill
Prospective Client Confidentiality
Duties re Property of others
Use by other persons
16. 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
Splitting fees
Trial Publicity
Dealing with Third Persons
Client Perjury
17. 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
Pay to Play Prohibited
Sexual relations with a client
Judge of Third Party Neutral
Diligence
18. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Client Perjury
Aiding Unauthorized practice/disbarred Lawyers
Campaigning and Partisan Activity
Information gained through representation
19. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Withdrawal: Permissive
Limiting Liability
Flat Fees
Financial assistance
20. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Splitting fees
Financial assistance
Time limits of confidentiality
Reciprocity
21. 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.
Protecting the Client and Unearned Fees in withdrawal
Accounts
Emergencies
Confidentiality Exception:Protect the Lawyer
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
Implied Authority
Trust Account Requirements and Interest
Flat Fees
Physical Evidence
23. 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.
Sexual relations with a client
Encouragement of Pro Bono
Protecting the Client and Unearned Fees in withdrawal
Partnership with nonlawyers
24. 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
Partnership with nonlawyers
Supervisory and Subordinate Duties and Liability
Multijurisdictional Practice
Should Report Lawyer and Judicial Misconduct
25. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Disputes over flat fees
Confidentiality Exception:Legal Advice
Confidentiality Exception:Court order
Purchase of a new law practice
26. 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
Physical Evidence
Trial Publicity
Lawyer's Duties
Candor to the Tribunal and Adverse Legal Authority
27. 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.
Campaigning and Partisan Activity
Government service after private employment
Aggregate settlements and pleas
General Requirement for Admission to Practice
28. 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
Prospective Client Confidentiality
Special Responsibilities of Prosecutors
Diligence
Disputes over flat fees
29. 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
Associating with Other Counsel
Who is the client
Taking a matter up the ladder
30. 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
Solicitation by Direct Mail
Taking a matter up the ladder
Former Clients
31. 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 Disqualification Required
Withdrawal and COI
Client Perjury
Retainers
32. 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
Proprietary Interests
Concurrent Conflict of Interest
Disputes over flat fees
Should Report Lawyer and Judicial Misconduct
33. 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.
Withdrawal Procedure
Specialization and Fields of Practice
Confidentiality Exception:Court order
Confidentiality Exceptions: Death or substantial Bodily Injury
34. 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.
Withdrawal and COI
When representation is not permitted
Taking a matter up the ladder
Negotiating for Employment
35. 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.
When Disqualification Required
Contingent fees
Implied Authority
Nonadjudicative Proceedings
36. Direct mailing is allowed - even targeted mailings.
Imputed Conflicts of interest
Confidentiality Exception:Legal Advice
Protecting the Client and Unearned Fees in withdrawal
Solicitation by Direct Mail
37. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Retainers
Implied Authority
Confidentiality Exceptions: Death or substantial Bodily Injury
Should Report Lawyer and Judicial Misconduct
38. 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
Should Report Professional Misconduct
Retainers
Diligence
Client Under a Disability
39. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Implied Authority
General Requirement for Admission to Practice
Trial Publicity
Accounts
40. 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.
Legal Knowledge and Skill
Contingent fees
Client property other than money
Payment from a third person
41. 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
Impropriety and the Appearance of Impropriety
Purchase of a new law practice
Audits and Overdrafts
Supervisory and Subordinate Duties and Liability
42. 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.
Multijurisdictional Practice
Duties re Property of others
Informed Consent
Physical Evidence
43. 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.
Confidentiality Exception:Protect the Lawyer
Information relating to the representation
Lawyer as Witness
When Disqualification Required
44. 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
Payment from a third person
Duties re Property of others
Taking a matter up the ladder
Prospective Client Conflict Requirements
45. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Solicitation in Person
Joining a firm
Use by other persons
46. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Purchase of a new law practice
Emergencies
Financial assistance
Promoting Causes Related to the Administration of Justice
47. 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.
Client Under a Disability
Pay to Play Prohibited
Related lawyers
Special Responsibilities of Prosecutors
48. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Audits and Overdrafts
Specialization and Fields of Practice
Nonadjudicative Proceedings
Promoting Causes Related to the Administration of Justice
49. 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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50. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Proprietary Interests
Prospective Client Conflict Requirements
Gifts