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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. Judges should report actual knowledge of lawyer or judge misconduct
Taking a matter up the ladder
Potential Conflicts of Interest
Concurrent Conflict of Interest
Should Report Lawyer and Judicial Misconduct
2. 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.
Confidentiality Exception:Court Fiduciary
Duty of Subordinate Lawyers
Proprietary Interests
Firm Names and Designations
3. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Confidentiality Exception:Protect the Lawyer
Sexual relations with a client
Solicitation by Direct Mail
Government service after private employment
4. 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.
General Requirement for Admission to Practice
Pay to Play Prohibited
Solicitation in Person
Campaigning and Partisan Activity
5. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Disputes over flat fees
Emergencies
Confidentiality Exception:Future Crime
Allocation of Authority between Lawyer and Client
6. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Diligence
Negotiating for Employment
Splitting fees
Imputed Conflicts of interest
7. 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
Client property other than money
Impermissible Conduct in Litigation
Business transactions with a client
8. 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.
Information gained through representation
Duty of Subordinate Lawyers
Legal Knowledge and Skill
Total fee reasonable
9. 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.
Non-lawyer employees
Specialization and Fields of Practice
Who is the client
Withdrawal: Permissive
10. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Supervisory and Subordinate Duties and Liability
Non-lawyer employees
Flat Fees
Prospective Client Confidentiality
11. 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).
Confidentiality Exception:Future Crime
Organization as client
Special Rules for Government Personnel
Aggregate settlements and pleas
12. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
General Requirement for Admission to Practice
Proprietary Interests
Duties re Property of others
Confidentiality Exception:Court Fiduciary
13. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Potential Conflicts of Interest
Confidentiality Exception:Court Fiduciary
Communication
Organization as client
14. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Legal Knowledge and Skill
Confidentiality Exceptions: Death or substantial Bodily Injury
Reciprocity
Confidentiality Exception:Court order
15. 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
Firm Names and Designations
Attorney Liens
Splitting fees
Withdrawal Procedure
16. 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
Legal Knowledge and Skill
Imputed Conflicts of interest
Purchase of a new law practice
Emergencies
17. 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.
Implied Authority
Use by other persons
Special Responsibilities of Prosecutors
Payment from a third person
18. 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.
Implied Authority
Non-lawyer employees
Firm Names and Designations
Related lawyers
19. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Lawyer's Duties
Associating with Other Counsel
Effect of Lawyer's termination with a firm
Who is the client
20. 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.
Physical Evidence
When representation is permitted
Attorney Liens
Information gained through representation
21. A lawyer shall not charge or collect unreasonable fees or expenses.
Candor to the Tribunal and Adverse Legal Authority
Judge of Third Party Neutral
Reciprocity
Total fee reasonable
22. 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..
Confidentiality Exception:Protect the Lawyer
Accounts
Encouragement of Pro Bono
Nonadjudicative Proceedings
23. 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
Trust Account Requirements and Interest
Confidentiality Exceptions: Death or substantial Bodily Injury
Prospective Client Confidentiality
24. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Specialization and Fields of Practice
Confidentiality Exception:Legal Advice
Solicitation in Person
Emergencies
25. A lawyer had a duty to expedite litigation.
Audits and Overdrafts
Financial assistance
Purchase of a new law practice
Expediting Litigation
26. 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
Media rights
Emergencies
Trust Account Requirements and Interest
Withdrawal: Permissive
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.
Accounts
Concurrent Conflict of Interest
Solicitation by Direct Mail
Confidentiality Exception:Protect the Lawyer
28. 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.
Encouragement of Pro Bono
Informed Consent
Diligence
Use by other persons
29. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Business transactions with a client
Negotiating for Employment
Dealing with Third Persons
Information gained through representation
30. 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
Aggregate settlements and pleas
Negotiating for Employment
Should Report Professional Misconduct
Aiding Unauthorized practice/disbarred Lawyers
31. 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
Promoting Causes Related to the Administration of Justice
General Requirement for Admission to Practice
32. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Accounts
Disputes over flat fees
Use by other persons
Dealing with Third Persons
33. 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.
Contingent fees
Should Report Lawyer and Judicial Misconduct
Business transactions with a client
Confidentiality Exception:Legal Advice
34. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Sexual relations with a client
Implied Authority
Lawyer as Witness
Taking a matter up the ladder
35. 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.
Client property other than money
Aggregate settlements and pleas
Lawyer's Duties
Special Responsibilities of Prosecutors
36. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
In house counsel
Information relating to the representation
Concurrent Conflict of Interest
Lawyer as Witness
37. 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
Trial Publicity
Retainers
Client property other than money
Solicitation in Person
38. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Accounts
Campaigning and Partisan Activity
Confidentiality Exception:Future Crime
When representation is permitted
39. 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
Taking a matter up the ladder
Confidentiality Exceptions: Death or substantial Bodily Injury
Splitting fees
Potential Conflicts of Interest
40. 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
Duty of Subordinate Lawyers
Withdrawal Procedure
Lawyer as Witness
False or Misleading Statements
41. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Impropriety and the Appearance of Impropriety
Limiting Liability
When Disqualification Required
Should Report Professional Misconduct
42. 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.
Trial Publicity
Non-lawyer employees
Informed Consent
Nonadjudicative Proceedings
43. 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.
Confidentiality Exception:Court order
Discrimination
Supervisory and Subordinate Duties and Liability
Flat Fees
44. 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.
Should Report Lawyer and Judicial Misconduct
Lawyer as Witness
Confirmed in writing
Former Clients
45. 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
Attorney Liens
Taking a matter up the ladder
Client Under a Disability
46. 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.
Allocation of Authority between Lawyer and Client
Media rights
Withdrawal: Mandatory
Multijurisdictional Practice
47. 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.
Communication
Firm Names and Designations
Client Under a Disability
Protecting the Client and Unearned Fees in withdrawal
48. 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
Government service after private employment
Associating with Other Counsel
Client Perjury
Financial assistance
49. 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
Related lawyers
Lawyer's Duties
Former Clients
50. 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
Confidentiality Exception:Court Fiduciary
Use by other persons
Taking a matter up the ladder
Diligence