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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. 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
Confirmed in writing
Prospective Client Conflict Requirements
Campaigning and Partisan Activity
Confidentiality Exception:Protect the Lawyer
2. 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.
Retainers
Specialization and Fields of Practice
Lawyer as Witness
Business transactions with a client
3. A lawyer shall not charge or collect unreasonable fees or expenses.
Withdrawal: Mandatory
Total fee reasonable
Prospective Client Confidentiality
When representation is permitted
4. 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
Information relating to the representation
Campaigning and Partisan Activity
Concurrent Conflict of Interest
Impermissible Conduct in Litigation
5. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Use by other persons
Emergencies
Confidentiality Exception:Court Fiduciary
Encouragement of Pro Bono
6. 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
Flat Fees
Legal Knowledge and Skill
Client may consent to prospective client conflict
Accounts
7. A lawyer has a duty of confidentiality and loyalty.
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8. 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.
Allocation of Authority between Lawyer and Client
Related lawyers
Promoting Causes Related to the Administration of Justice
Information relating to the representation
9. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Confidentiality Exceptions: Death or substantial Bodily Injury
Impropriety and the Appearance of Impropriety
Solicitation in Person
Informed Consent
10. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Payment from a third person
Disputes over flat fees
Business transactions with a client
Impropriety and the Appearance of Impropriety
11. 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.
Specialization and Fields of Practice
Client may consent to prospective client conflict
Discrimination
Physical Evidence
12. 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
Joining a firm
Expediting Litigation
General Requirement for Admission to Practice
Confirmed in writing
13. 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
Prospective Client Conflict Requirements
Pay to Play Prohibited
Reciprocity
Special Rules for Government Personnel
14. 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.
Effect of Lawyer's termination with a firm
Meretricious and Frivolous Claims
In house counsel
Use by other persons
15. 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 Exceptions: Death or substantial Bodily Injury
Who is the client
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Dealing with Third Persons
16. 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
Media rights
Prospective Client Conflict Requirements
Supervisory and Subordinate Duties and Liability
Should Report Professional Misconduct
17. 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
Promoting Causes Related to the Administration of Justice
Client property other than money
Dealing with Third Persons
Client Perjury
18. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Information gained through representation
Confidentiality Exception:Legal Advice
Trial Publicity
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
19. 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
Supervisory and Subordinate Duties and Liability
When representation is permitted
Solicitation in Person
Former Clients
20. 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
Lawyer as Witness
Partnership with nonlawyers
Purchase of a new law practice
Audits and Overdrafts
21. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Gifts
Financial assistance
Withdrawal: Permissive
Information gained through representation
22. 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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23. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
Payment from a third person
Confidentiality Exception:Legal Advice
Firm Names and Designations
24. 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
Confidentiality Exception:Court order
Media rights
In house counsel
Partnership with nonlawyers
25. 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.
Meretricious and Frivolous Claims
Should Report Professional Misconduct
Negotiating for Employment
Information relating to the representation
26. 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.
Confidentiality Exception:Court Fiduciary
General Requirement for Admission to Practice
Confidentiality Exception:Protect the Lawyer
In house counsel
27. 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.
Encouragement of Pro Bono
Accounts
Prospective Client Confidentiality
Allocation of Authority between Lawyer and Client
28. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Imputed Conflicts of interest
Splitting fees
Communication
Disputes over flat fees
29. 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.
Information relating to the representation
Firm Names and Designations
Protecting the Client and Unearned Fees in withdrawal
Confirmed in writing
30. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Effect of Lawyer's termination with a firm
Disputes over flat fees
Judge of Third Party Neutral
31. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Withdrawal Procedure
Related lawyers
Confidentiality Exception:Court order
Duties re Property of others
32. Business transactions with clients are prohibited unless: (1) the terms are fair and reasonable - (2)fully disclosed in writing in terms the client can understand - (3) client must have been advised in writing to seek independent counsel and given re
Joining a firm
Business transactions with a client
Confidentiality Exception:Protect the Lawyer
Disputes over flat fees
33. 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
Organization as client
Special Rules for Government Personnel
Joining a firm
34. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Confirmed in writing
Partnership with nonlawyers
Legal Knowledge and Skill
Total fee reasonable
35. 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
Client may consent to prospective client conflict
Negotiating for Employment
Retainers
Limiting Liability
36. 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.
Factors of reasonableness
Negotiating for Employment
False or Misleading Statements
Duties re Property of others
37. 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..
Should Report Lawyer and Judicial Misconduct
Promoting Causes Related to the Administration of Justice
Confidentiality Exception:Protect the Lawyer
Campaigning and Partisan Activity
38. 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
Impropriety and the Appearance of Impropriety
Organization as client
Purchase of a new law practice
Trust Account Requirements and Interest
39. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Withdrawal Procedure
Confidentiality Exception:Court Fiduciary
Government service after private employment
Limiting Liability
40. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Physical Evidence
When Disqualification Required
Prospective Client Confidentiality
Withdrawal: Mandatory
41. 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
False or Misleading Statements
Media rights
Impropriety and the Appearance of Impropriety
42. A lawyer had a duty to expedite litigation.
Client Perjury
Gifts
Expediting Litigation
Disputes over flat fees
43. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Potential Conflicts of Interest
Informed Consent
Should Report Lawyer and Judicial Misconduct
Communication
44. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
In house counsel
Supervisory and Subordinate Duties and Liability
Duties re Property of others
Media rights
45. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Expediting Litigation
Gifts
Multijurisdictional Practice
46. 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
Withdrawal: Mandatory
Client may consent to prospective client conflict
Allocation of Authority between Lawyer and Client
47. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Legal Knowledge and Skill
Confidentiality Exception:Protect the Lawyer
Confidentiality Exception:Future Crime
Taking a matter up the ladder
48. If the client is a corporation - the informed consent needs to come from the entity.
Specialization and Fields of Practice
Disputes over flat fees
Who is the client
Media rights
49. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Time limits of confidentiality
Withdrawal: Mandatory
Client may consent to prospective client conflict
50. 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).
Confidentiality Exception:Future Crime
Former Clients
Withdrawal Procedure
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud