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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 charge or collect unreasonable fees or expenses.
Nonadjudicative Proceedings
Factors of reasonableness
Expediting Litigation
Total fee reasonable
2. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
Diligence
Impermissible Conduct in Litigation
Confirmed in writing
3. 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.
Trust Account Requirements and Interest
Client Under a Disability
Effect of Lawyer's termination with a firm
Trial Publicity
4. 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
Use by other persons
False or Misleading Statements
Solicitation by Direct Mail
5. 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.
Information gained through representation
Expediting Litigation
Impropriety and the Appearance of Impropriety
Former Clients
6. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Promoting Causes Related to the Administration of Justice
Confirmed in writing
False or Misleading Statements
Client Perjury
7. 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.
Prospective Client Conflict Requirements
Sexual relations with a client
Financial assistance
Should Report Lawyer and Judicial Misconduct
8. 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
Contingent fees
Solicitation in Person
Accounts
Joining a firm
9. Prior to conclusion of representation - a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights on information relating to the representation.
Contingent fees
Media rights
Withdrawal: Permissive
Duties re Property of others
10. 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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11. 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
When representation is permitted
Supervisory and Subordinate Duties and Liability
Related lawyers
False or Misleading Statements
12. 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.
Partnership with nonlawyers
Impermissible Conduct in Litigation
Lawyer's Duties
Accounts
13. 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).
Non-lawyer employees
Special Rules for Government Personnel
Trial Publicity
Legal Knowledge and Skill
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.
Negotiating for Employment
Potential Conflicts of Interest
Use by other persons
Allocation of Authority between Lawyer and Client
15. 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
Client Perjury
Confidentiality Exceptions: Death or substantial Bodily Injury
Contingent fees
Encouragement of Pro Bono
16. 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 Confidentiality
Informed Consent
Government service after private employment
Confidentiality Exceptions: Death or substantial Bodily Injury
17. 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
Trust Account Requirements and Interest
Physical Evidence
Total fee reasonable
Prospective Client Conflict Requirements
18. 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
Promoting Causes Related to the Administration of Justice
Taking a matter up the ladder
When representation is not permitted
Limiting Liability
19. 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.
Supervisory and Subordinate Duties and Liability
Discrimination
Legal Knowledge and Skill
Diligence
20. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Limiting Liability
Retainers
Candor to the Tribunal and Adverse Legal Authority
21. 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
Associating with Other Counsel
Joining a firm
Withdrawal: Mandatory
Business transactions with a client
22. A lawyer has a duty of confidentiality and loyalty.
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23. 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
Concurrent Conflict of Interest
Negotiating for Employment
Special Responsibilities of Prosecutors
Solicitation in Person
24. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Use by other persons
Expediting Litigation
Protecting the Client and Unearned Fees in withdrawal
25. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Solicitation by Direct Mail
Media rights
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
Business transactions with a client
Information relating to the representation
Confidentiality Exception:Legal Advice
Candor to the Tribunal and Adverse Legal Authority
27. 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
Implied Authority
Information gained through representation
Audits and Overdrafts
28. 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.
Splitting fees
Information relating to the representation
Audits and Overdrafts
Disputes over flat fees
29. 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
Information relating to the representation
Confidentiality Exception:Court Fiduciary
Campaigning and Partisan Activity
Legal Knowledge and Skill
30. 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..
Potential Conflicts of Interest
Confidentiality Exceptions: Death or substantial Bodily Injury
Sexual relations with a client
Confidentiality Exception:Protect the Lawyer
31. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Protecting the Client and Unearned Fees in withdrawal
Business transactions with a client
Joining a firm
Nonadjudicative Proceedings
32. 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
Withdrawal: Permissive
Payment from a third person
Potential Conflicts of Interest
Protecting the Client and Unearned Fees in withdrawal
33. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Meretricious and Frivolous Claims
Confidentiality Exception:Legal Advice
Aggregate settlements and pleas
In house counsel
34. 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
Protecting the Client and Unearned Fees in withdrawal
Trust Account Requirements and Interest
Retainers
Solicitation in Person
35. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Withdrawal Procedure
Promoting Causes Related to the Administration of Justice
Dealing with Third Persons
Concurrent Conflict of Interest
36. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal and COI
Candor to the Tribunal and Adverse Legal Authority
Information gained through representation
Dealing with Third Persons
37. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Purchase of a new law practice
Encouragement of Pro Bono
Concurrent Conflict of Interest
Protecting the Client and Unearned Fees in withdrawal
38. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Encouragement of Pro Bono
Government service after private employment
When Disqualification Required
Legal Knowledge and Skill
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
Nonadjudicative Proceedings
Trust Account Requirements and Interest
Audits and Overdrafts
Impermissible Conduct in Litigation
40. 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
Dealing with Third Persons
Payment from a third person
Discrimination
41. 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
Concurrent Conflict of Interest
Imputed Conflicts of interest
Media rights
Duty of Subordinate Lawyers
42. 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.
Confidentiality Exception:Protect the Lawyer
Information gained through representation
Taking a matter up the ladder
Impermissible Conduct in Litigation
43. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Allocation of Authority between Lawyer and Client
Candor to the Tribunal and Adverse Legal Authority
Client Perjury
Duties re Property of others
44. 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.
Related lawyers
Payment from a third person
Financial assistance
Client property other than money
45. 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.
Lawyer as Witness
Factors of reasonableness
Aggregate settlements and pleas
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
46. 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.
Confidentiality Exception:Legal Advice
Campaigning and Partisan Activity
Duties re Property of others
Negotiating for Employment
47. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Contingent fees
Client Under a Disability
Total fee reasonable
Imputed Conflicts of interest
48. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Government service after private employment
Duties re Property of others
Firm Names and Designations
False or Misleading Statements
49. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Should Report Lawyer and Judicial Misconduct
Encouragement of Pro Bono
Implied Authority
Splitting fees
50. 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
In house counsel
When Disqualification Required
Audits and Overdrafts