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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. 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
Joining a firm
Limiting Liability
Confidentiality Exception:Protect the Lawyer
Purchase of a new law practice
2. 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
Disputes over flat fees
Contingent fees
Expediting Litigation
3. 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.
Diligence
Contingent fees
Splitting fees
Allocation of Authority between Lawyer and Client
4. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Disputes over flat fees
Encouragement of Pro Bono
Sexual relations with a client
Lawyer's Duties
5. 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
Effect of Lawyer's termination with a firm
Business transactions with a client
Pay to Play Prohibited
Should Report Lawyer and Judicial Misconduct
6. 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.
Use by other persons
Confidentiality Exception:Protect the Lawyer
Proprietary Interests
Attorney Liens
7. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
When representation is not permitted
Joining a firm
Implied Authority
Campaigning and Partisan Activity
8. 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.
Accounts
Client Under a Disability
In house counsel
Sexual relations with a client
9. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Campaigning and Partisan Activity
Government service after private employment
Audits and Overdrafts
Associating with Other Counsel
10. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Sexual relations with a client
Encouragement of Pro Bono
Business transactions with a client
Associating with Other Counsel
11. 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
Firm Names and Designations
Taking a matter up the ladder
Informed Consent
12. 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.
Confidentiality Exception:Court order
Taking a matter up the ladder
Non-lawyer employees
Communication
13. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Solicitation by Direct Mail
Pay to Play Prohibited
Communication
Allocation of Authority between Lawyer and Client
14. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Impropriety and the Appearance of Impropriety
Reciprocity
Withdrawal and COI
Aiding Unauthorized practice/disbarred Lawyers
15. 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
Audits and Overdrafts
Proprietary Interests
Trial Publicity
Trust Account Requirements and Interest
16. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Aiding Unauthorized practice/disbarred Lawyers
Expediting Litigation
Business transactions with a client
Limiting Liability
17. 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.
Effect of Lawyer's termination with a firm
Taking a matter up the ladder
Specialization and Fields of Practice
Withdrawal Procedure
18. 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
Potential Conflicts of Interest
Withdrawal Procedure
Concurrent Conflict of Interest
Government service after private employment
19. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Expediting Litigation
Taking a matter up the ladder
Confirmed in writing
Candor to the Tribunal and Adverse Legal Authority
20. A lawyer may never use confidential information to the client's disadvantage.
Audits and Overdrafts
Information gained through representation
Aggregate settlements and pleas
Discrimination
21. 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.
Prospective Client Confidentiality
Allocation of Authority between Lawyer and Client
Aggregate settlements and pleas
Discrimination
22. 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.
Time limits of confidentiality
Related lawyers
Client Perjury
Diligence
23. 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.
Disputes over flat fees
Confidentiality Exception:Court Fiduciary
Government service after private employment
Multijurisdictional Practice
24. 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
Should Report Professional Misconduct
Supervisory and Subordinate Duties and Liability
Duty of Subordinate Lawyers
Imputed Conflicts of interest
25. 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
Information relating to the representation
Confidentiality Exceptions: Death or substantial Bodily Injury
When representation is permitted
Nonadjudicative Proceedings
26. 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).
Special Rules for Government Personnel
Joining a firm
Impropriety and the Appearance of Impropriety
Client Perjury
27. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Payment from a third person
Solicitation in Person
Reciprocity
Discrimination
28. 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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29. 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
Firm Names and Designations
Impropriety and the Appearance of Impropriety
Concurrent Conflict of Interest
Gifts
30. Direct mailing is allowed - even targeted mailings.
Retainers
Solicitation by Direct Mail
Joining a firm
When representation is not permitted
31. If the client is a corporation - the informed consent needs to come from the entity.
Confidentiality Exception:Protect the Lawyer
Implied Authority
Who is the client
Special Rules for Government Personnel
32. 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.
Prospective Client Confidentiality
Client may consent to prospective client conflict
Physical Evidence
Supervisory and Subordinate Duties and Liability
33. 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.
Client property other than money
Should Report Professional Misconduct
Withdrawal: Mandatory
Physical Evidence
34. 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
Campaigning and Partisan Activity
Client Perjury
Factors of reasonableness
Impropriety and the Appearance of Impropriety
35. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Protecting the Client and Unearned Fees in withdrawal
Information gained through representation
Duties re Property of others
Negotiating for Employment
36. 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
Splitting fees
Taking a matter up the ladder
Related lawyers
37. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Duties re Property of others
Information gained through representation
Who is the client
Associating with Other Counsel
38. 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
Related lawyers
In house counsel
Candor to the Tribunal and Adverse Legal Authority
Withdrawal Procedure
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
Allocation of Authority between Lawyer and Client
Proprietary Interests
Negotiating for Employment
Audits and Overdrafts
40. 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.
Prospective Client Confidentiality
Taking a matter up the ladder
Contingent fees
Payment from a third person
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
Campaigning and Partisan Activity
Audits and Overdrafts
Taking a matter up the ladder
Prospective Client Conflict Requirements
42. 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
Prospective Client Conflict Requirements
Retainers
Protecting the Client and Unearned Fees in withdrawal
Negotiating for Employment
43. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Duty of Subordinate Lawyers
Aggregate settlements and pleas
Meretricious and Frivolous Claims
Client may consent to prospective client conflict
44. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Client may consent to prospective client conflict
Prospective Client Confidentiality
Contingent fees
Reciprocity
45. 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
Business transactions with a client
Solicitation by Direct Mail
Total fee reasonable
Should Report Professional Misconduct
46. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
When representation is not permitted
Prospective Client Confidentiality
Communication
Trust Account Requirements and Interest
47. 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.
Accounts
Duties re Property of others
Special Rules for Government Personnel
Confidentiality Exception:Court order
48. If the conflict is not adverse but could become so - factors are the possibility or likelihood the conflict will occur and whether the representation would be materially limited because of the lawyer's other responsibilities. A lawyer must obtain wri
Candor to the Tribunal and Adverse Legal Authority
Multijurisdictional Practice
Potential Conflicts of Interest
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
49. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Total fee reasonable
Flat Fees
Information gained through representation
Promoting Causes Related to the Administration of Justice
50. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Limiting Liability
Attorney Liens
Client may consent to prospective client conflict
Organization as client
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