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Test your basic knowledge |
Professional Responsibility Bar
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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 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
Withdrawal Procedure
Client Under a Disability
Former Clients
2. 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.
Imputed Conflicts of interest
Dealing with Third Persons
Duties re Property of others
Use by other persons
3. Judges should report actual knowledge of lawyer or judge misconduct
When representation is not permitted
Should Report Lawyer and Judicial Misconduct
Confidentiality Exception:Court Fiduciary
Withdrawal: Mandatory
4. 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
Special Rules for Government Personnel
When representation is permitted
Information gained through representation
5. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Protecting the Client and Unearned Fees in withdrawal
Effect of Lawyer's termination with a firm
Information relating to the representation
Payment from a third person
6. 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
Supervisory and Subordinate Duties and Liability
Effect of Lawyer's termination with a firm
Legal Knowledge and Skill
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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Taking a matter up the ladder
Flat Fees
Informed Consent
8. 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 Confidentiality
Prospective Client Conflict Requirements
Government service after private employment
Meretricious and Frivolous Claims
9. 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.
Negotiating for Employment
Reciprocity
When Disqualification Required
Retainers
10. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Sexual relations with a client
Joining a firm
When representation is not permitted
11. 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
Informed Consent
Should Report Professional Misconduct
Negotiating for Employment
12. 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.
Payment from a third person
Confidentiality Exception:Legal Advice
Confidentiality Exception:Protect the Lawyer
Associating with Other Counsel
13. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Imputed Conflicts of interest
Client Perjury
Impermissible Conduct in Litigation
Limiting Liability
14. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Media rights
Confirmed in writing
Emergencies
Purchase of a new law practice
15. 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.
Client property other than money
Information gained through representation
Confidentiality Exception:Legal Advice
Legal Knowledge and Skill
16. 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.
Factors of reasonableness
Specialization and Fields of Practice
Judge of Third Party Neutral
Trust Account Requirements and Interest
17. 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.
Accounts
Protecting the Client and Unearned Fees in withdrawal
Trial Publicity
Organization as client
18. 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
Communication
Information relating to the representation
Concurrent Conflict of Interest
19. 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.
Specialization and Fields of Practice
Government service after private employment
Confidentiality Exceptions: Death or substantial Bodily Injury
Trial Publicity
20. 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
Impropriety and the Appearance of Impropriety
Information relating to the representation
Special Rules for Government Personnel
Associating with Other Counsel
21. 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.
Associating with Other Counsel
Dealing with Third Persons
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Related lawyers
22. 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
Supervisory and Subordinate Duties and Liability
Time limits of confidentiality
Financial assistance
23. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Confidentiality Exception:Future Crime
Aggregate settlements and pleas
Splitting fees
24. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Potential Conflicts of Interest
Solicitation in Person
Limiting Liability
Flat Fees
25. 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
Associating with Other Counsel
Time limits of confidentiality
Financial assistance
Judge of Third Party Neutral
26. 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
Implied Authority
False or Misleading Statements
Duties re Property of others
Special Responsibilities of Prosecutors
27. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Who is the client
Lawyer's Duties
Client may consent to prospective client conflict
28. 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
Should Report Professional Misconduct
Information gained through representation
Client property other than money
Joining a firm
29. If the client is a corporation - the informed consent needs to come from the entity.
Impropriety and the Appearance of Impropriety
Lawyer's Duties
Who is the client
When representation is not permitted
30. 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
Diligence
Physical Evidence
Potential Conflicts of Interest
31. 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.
Special Rules for Government Personnel
Confidentiality Exception:Court Fiduciary
Retainers
Protecting the Client and Unearned Fees in withdrawal
32. 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.
Should Report Professional Misconduct
Trial Publicity
Impermissible Conduct in Litigation
Associating with Other Counsel
33. 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
Prospective Client Confidentiality
Campaigning and Partisan Activity
When Disqualification Required
Accounts
34. 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.
Discrimination
Organization as client
Confirmed in writing
Accounts
35. 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.
Confidentiality Exceptions: Death or substantial Bodily Injury
False or Misleading Statements
Campaigning and Partisan Activity
Contingent fees
36. A lawyer has a duty of confidentiality and loyalty.
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37. 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.
Associating with Other Counsel
When Disqualification Required
Physical Evidence
Splitting fees
38. 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
Confidentiality Exception:Legal Advice
Multijurisdictional Practice
Candor to the Tribunal and Adverse Legal Authority
39. 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
Audits and Overdrafts
Physical Evidence
Pay to Play Prohibited
Supervisory and Subordinate Duties and Liability
40. 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.
Sexual relations with a client
General Requirement for Admission to Practice
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Taking a matter up the ladder
41. 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
Who is the client
Withdrawal: Mandatory
Taking a matter up the ladder
When representation is permitted
42. 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).
Confirmed in writing
Confidentiality Exception:Court Fiduciary
Withdrawal Procedure
Should Report Lawyer and Judicial Misconduct
43. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Duties re Property of others
Trial Publicity
Confidentiality Exceptions: Death or substantial Bodily Injury
Communication
44. 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
Contingent fees
When representation is permitted
Imputed Conflicts of interest
Duty of Subordinate Lawyers
45. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Nonadjudicative Proceedings
Negotiating for Employment
Impropriety and the Appearance of Impropriety
Meretricious and Frivolous Claims
46. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Related lawyers
Withdrawal Procedure
Informed Consent
Audits and Overdrafts
47. 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
Taking a matter up the ladder
Joining a firm
Supervisory and Subordinate Duties and Liability
Concurrent Conflict of Interest
48. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Client Under a Disability
Negotiating for Employment
Client may consent to prospective client conflict
Confidentiality Exception:Future Crime
49. 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.
Confidentiality Exception:Court Fiduciary
Sexual relations with a client
Negotiating for Employment
Business transactions with a client
50. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Limiting Liability
Withdrawal Procedure
Emergencies
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