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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 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
Who is the client
Duty of Subordinate Lawyers
Non-lawyer employees
False or Misleading Statements
2. 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
Communication
Should Report Professional Misconduct
Should Report Lawyer and Judicial Misconduct
Nonadjudicative Proceedings
3. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Media rights
Disputes over flat fees
Organization as client
Protecting the Client and Unearned Fees in withdrawal
4. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Confidentiality Exception:Court Fiduciary
Associating with Other Counsel
Special Rules for Government Personnel
Confidentiality Exception:Court order
5. A lawyer may never use confidential information to the client's disadvantage.
Expediting Litigation
Dealing with Third Persons
Information gained through representation
Prospective Client Conflict Requirements
6. 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
Client Perjury
Partnership with nonlawyers
Should Report Professional Misconduct
7. 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.
Concurrent Conflict of Interest
Media rights
Duties re Property of others
Client property other than money
8. 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
False or Misleading Statements
Special Responsibilities of Prosecutors
Discrimination
Disputes over flat fees
9. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Accounts
Information gained through representation
Disputes over flat fees
10. 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.
Media rights
Financial assistance
Potential Conflicts of Interest
Multijurisdictional Practice
11. 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
Lawyer's Duties
Emergencies
Implied Authority
12. Time and labor required; novelty and difficulty of the questions and issues involved; skill required to perform the legal service; likelihood that the acceptance of the particular employment will preclude other employment; fee customarily charged; am
Business transactions with a client
Factors of reasonableness
Disputes over flat fees
Attorney Liens
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).
Withdrawal: Mandatory
Special Rules for Government Personnel
Communication
Client Under a Disability
14. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Confirmed in writing
Concurrent Conflict of Interest
When representation is permitted
15. The duty of nondisclosure covers the period prior to and subsequent to the creation of the lawyer-client relationship. After representation - a lawyer shall not use confidential information to the detriment of a former client or for the lawyer's own
Legal Knowledge and Skill
Potential Conflicts of Interest
Time limits of confidentiality
Diligence
16. 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
Trial Publicity
Aggregate settlements and pleas
Confidentiality Exception:Future Crime
17. A lawyer may reveal information relating to the representation to comply with a court order.
Financial assistance
Diligence
Confidentiality Exception:Court order
Media rights
18. 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.
Nonadjudicative Proceedings
When representation is permitted
Confidentiality Exception:Court Fiduciary
Potential Conflicts of Interest
19. 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.
Informed Consent
Information relating to the representation
Government service after private employment
Business transactions with a client
20. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Non-lawyer employees
Confirmed in writing
Financial assistance
Purchase of a new law practice
21. 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..
Related lawyers
Confidentiality Exception:Protect the Lawyer
Supervisory and Subordinate Duties and Liability
Sexual relations with a client
22. 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.
Should Report Professional Misconduct
Negotiating for Employment
Trial Publicity
Solicitation by Direct Mail
23. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Legal Knowledge and Skill
Promoting Causes Related to the Administration of Justice
Encouragement of Pro Bono
Associating with Other Counsel
24. 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
Discrimination
Potential Conflicts of Interest
Campaigning and Partisan Activity
Nonadjudicative Proceedings
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.
Client may consent to prospective client conflict
Lawyer as Witness
Who is the client
Discrimination
26. 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
Organization as client
Business transactions with a client
Information gained through representation
Trial Publicity
27. Direct mailing is allowed - even targeted mailings.
Organization as client
Solicitation by Direct Mail
Sexual relations with a client
Should Report Professional Misconduct
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.
When representation is permitted
In house counsel
Diligence
Information relating to the representation
29. A lawyer has a duty of confidentiality and loyalty.
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30. 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.
Discrimination
Solicitation by Direct Mail
Sexual relations with a client
Prospective Client Confidentiality
31. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Client property other than money
Concurrent Conflict of Interest
Business transactions with a client
Communication
32. 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
Imputed Conflicts of interest
Splitting fees
Meretricious and Frivolous Claims
General Requirement for Admission to Practice
33. 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
Promoting Causes Related to the Administration of Justice
Solicitation by Direct Mail
Joining a firm
Confidentiality Exception:Court order
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.
Non-lawyer employees
Flat Fees
Confirmed in writing
Related lawyers
35. 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
Prospective Client Confidentiality
Client Under a Disability
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Informed Consent
36. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Special Responsibilities of Prosecutors
Multijurisdictional Practice
Duties re Property of others
Gifts
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.
Limiting Liability
Communication
Duty of Subordinate Lawyers
Aggregate settlements and pleas
38. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Implied Authority
False or Misleading Statements
Disputes over flat fees
Should Report Lawyer and Judicial Misconduct
39. 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.
Withdrawal and COI
Retainers
Special Rules for Government Personnel
Withdrawal: Mandatory
40. 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
Special Responsibilities of Prosecutors
When Disqualification Required
Diligence
Limiting Liability
41. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Aggregate settlements and pleas
General Requirement for Admission to Practice
Emergencies
Confidentiality Exception:Court Fiduciary
42. 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
Concurrent Conflict of Interest
Supervisory and Subordinate Duties and Liability
Non-lawyer employees
43. Judges should report actual knowledge of lawyer or judge misconduct
Effect of Lawyer's termination with a firm
Non-lawyer employees
Should Report Lawyer and Judicial Misconduct
Solicitation by Direct Mail
44. 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
Encouragement of Pro Bono
Withdrawal Procedure
Withdrawal: Permissive
Protecting the Client and Unearned Fees in withdrawal
45. 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
Government service after private employment
Total fee reasonable
Taking a matter up the ladder
Physical Evidence
46. 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.
Negotiating for Employment
Reciprocity
Former Clients
Limiting Liability
47. A lawyer shall not charge or collect unreasonable fees or expenses.
Proprietary Interests
Specialization and Fields of Practice
Withdrawal and COI
Total fee reasonable
48. 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.
Time limits of confidentiality
Physical Evidence
Taking a matter up the ladder
Use by other persons
49. 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
Nonadjudicative Proceedings
Withdrawal and COI
Gifts
Lawyer as Witness
50. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Solicitation in Person
Physical Evidence
Flat Fees
When representation is not permitted