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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 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).
Associating with Other Counsel
Discrimination
Special Rules for Government Personnel
Physical Evidence
2. 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
Implied Authority
Time limits of confidentiality
Encouragement of Pro Bono
Candor to the Tribunal and Adverse Legal Authority
3. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Gifts
Partnership with nonlawyers
Duties re Property of others
In house counsel
4. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Government service after private employment
Splitting fees
Trial Publicity
Concurrent Conflict of Interest
5. 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.
Effect of Lawyer's termination with a firm
Supervisory and Subordinate Duties and Liability
Confidentiality Exception:Court Fiduciary
Concurrent Conflict of Interest
6. A lawyer has a duty of confidentiality and loyalty.
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7. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Effect of Lawyer's termination with a firm
Total fee reasonable
Aiding Unauthorized practice/disbarred Lawyers
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
Legal Knowledge and Skill
Withdrawal: Permissive
Factors of reasonableness
Encouragement of Pro Bono
9. 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
Partnership with nonlawyers
Solicitation in Person
Trust Account Requirements and Interest
Payment from a third person
10. 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..
Trial Publicity
Client Perjury
Withdrawal: Mandatory
Confidentiality Exception:Protect the Lawyer
11. 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.
Total fee reasonable
Meretricious and Frivolous Claims
Negotiating for Employment
General Requirement for Admission to Practice
12. 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.
Client Under a Disability
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Nonadjudicative Proceedings
Total fee reasonable
13. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Potential Conflicts of Interest
Encouragement of Pro Bono
General Requirement for Admission to Practice
Confidentiality Exceptions: Death or substantial Bodily Injury
14. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Disputes over flat fees
Audits and Overdrafts
Encouragement of Pro Bono
Flat Fees
15. 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.
Confirmed in writing
Reciprocity
Judge of Third Party Neutral
Proprietary Interests
16. 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
Supervisory and Subordinate Duties and Liability
Aiding Unauthorized practice/disbarred Lawyers
Information relating to the representation
In house counsel
17. 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
Information relating to the representation
Partnership with nonlawyers
Confidentiality Exception:Court order
Government service after private employment
18. 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.
Meretricious and Frivolous Claims
Related lawyers
Reciprocity
Attorney Liens
19. A lawyer shall not charge or collect unreasonable fees or expenses.
Lawyer's Duties
General Requirement for Admission to Practice
Prospective Client Conflict Requirements
Total fee reasonable
20. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
General Requirement for Admission to Practice
Imputed Conflicts of interest
Multijurisdictional Practice
In house counsel
21. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Informed Consent
Prospective Client Confidentiality
Implied Authority
Confirmed in writing
22. If the client is a corporation - the informed consent needs to come from the entity.
Judge of Third Party Neutral
Pay to Play Prohibited
Who is the client
Meretricious and Frivolous Claims
23. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Special Responsibilities of Prosecutors
Sexual relations with a client
Nonadjudicative Proceedings
Expediting Litigation
24. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Confidentiality Exceptions: Death or substantial Bodily Injury
Special Responsibilities of Prosecutors
Confidentiality Exception:Legal Advice
25. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Non-lawyer employees
Impropriety and the Appearance of Impropriety
Contingent fees
26. 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
Former Clients
Multijurisdictional Practice
Flat Fees
Who is the client
27. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal and COI
Physical Evidence
Lawyer as Witness
Confidentiality Exception:Protect the Lawyer
28. A lawyer may never use confidential information to the client's disadvantage.
Should Report Lawyer and Judicial Misconduct
Information gained through representation
Special Responsibilities of Prosecutors
Limiting Liability
29. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Impermissible Conduct in Litigation
Taking a matter up the ladder
Physical Evidence
30. 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.
Specialization and Fields of Practice
Partnership with nonlawyers
Organization as client
Legal Knowledge and Skill
31. 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
Withdrawal: Mandatory
Effect of Lawyer's termination with a firm
Financial assistance
32. 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
Information relating to the representation
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Client Under a Disability
Lawyer as Witness
33. 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
Joining a firm
Retainers
Should Report Professional Misconduct
34. 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.
Media rights
Withdrawal: Mandatory
Information relating to the representation
Time limits of confidentiality
35. 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
Special Responsibilities of Prosecutors
Organization as client
Campaigning and Partisan Activity
Reciprocity
36. 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
Audits and Overdrafts
In house counsel
Gifts
Information gained through representation
37. 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
Accounts
Encouragement of Pro Bono
Allocation of Authority between Lawyer and Client
38. 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
Associating with Other Counsel
Contingent fees
Supervisory and Subordinate Duties and Liability
39. 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
Who is the client
Retainers
Client may consent to prospective client conflict
Withdrawal: Permissive
40. A lawyer who knows that another lawyer has committed a violation of the RPCs - should inform the WSBA. A lawyer who knows that a judge has committed a violation of the CJC that raises a substantial question as to the judge's fitness should inform the
Protecting the Client and Unearned Fees in withdrawal
Should Report Professional Misconduct
Impropriety and the Appearance of Impropriety
Solicitation in Person
41. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Solicitation in Person
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Media rights
Confidentiality Exception:Legal Advice
42. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Information relating to the representation
In house counsel
Associating with Other Counsel
Meretricious and Frivolous Claims
43. 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.
Trust Account Requirements and Interest
Former Clients
Specialization and Fields of Practice
Prospective Client Confidentiality
44. 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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45. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
Who is the client
Contingent fees
Withdrawal: Mandatory
46. 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.
Non-lawyer employees
Sexual relations with a client
Should Report Professional Misconduct
Implied Authority
47. 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
Media rights
Confidentiality Exception:Court Fiduciary
Splitting fees
Informed Consent
48. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Prospective Client Conflict Requirements
Judge of Third Party Neutral
Non-lawyer employees
Informed Consent
49. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Reciprocity
Media rights
Encouragement of Pro Bono
Confirmed in writing
50. 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
Negotiating for Employment
Disputes over flat fees
Prospective Client Conflict Requirements
When representation is permitted