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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. 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
Aggregate settlements and pleas
Legal Knowledge and Skill
Should Report Professional Misconduct
2. 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.
Dealing with Third Persons
Related lawyers
Impermissible Conduct in Litigation
Negotiating for Employment
3. A lawyer may never use confidential information to the client's disadvantage.
Confidentiality Exception:Protect the Lawyer
Campaigning and Partisan Activity
Information gained through representation
Financial assistance
4. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Informed Consent
When representation is permitted
Should Report Lawyer and Judicial Misconduct
Withdrawal: Mandatory
5. 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
Aiding Unauthorized practice/disbarred Lawyers
Special Responsibilities of Prosecutors
Confidentiality Exceptions: Death or substantial Bodily Injury
Withdrawal Procedure
6. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Protecting the Client and Unearned Fees in withdrawal
Emergencies
Withdrawal: Permissive
Judge of Third Party Neutral
7. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Withdrawal: Permissive
Aiding Unauthorized practice/disbarred Lawyers
Firm Names and Designations
Special Responsibilities of Prosecutors
8. 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.
Duties re Property of others
Accounts
Informed Consent
Pay to Play Prohibited
9. 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..
In house counsel
Confidentiality Exception:Protect the Lawyer
Confidentiality Exception:Legal Advice
Reciprocity
10. 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
Multijurisdictional Practice
Disputes over flat fees
Partnership with nonlawyers
Diligence
11. 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.
Retainers
Client property other than money
Legal Knowledge and Skill
Contingent fees
12. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Promoting Causes Related to the Administration of Justice
Dealing with Third Persons
Communication
Proprietary Interests
13. 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
Diligence
Withdrawal and COI
Nonadjudicative Proceedings
14. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Implied Authority
Associating with Other Counsel
Disputes over flat fees
Communication
15. Partners and supervisory lawyers shall make reasonable efforts to ensure that the firm and all lawyers and nonlawyers in the firm comply with the RPCs. A lawyer is responsible for another lawyer's violation of the RPCs if the lawyer orders or with sp
Taking a matter up the ladder
Supervisory and Subordinate Duties and Liability
Confidentiality Exception:Court order
Withdrawal: Mandatory
16. 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
Emergencies
Payment from a third person
Negotiating for Employment
17. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Allocation of Authority between Lawyer and Client
Who is the client
Meretricious and Frivolous Claims
Confidentiality Exceptions: Death or substantial Bodily Injury
18. 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.
Impropriety and the Appearance of Impropriety
Withdrawal: Mandatory
Communication
Use by other persons
19. 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
Pay to Play Prohibited
Limiting Liability
Concurrent Conflict of Interest
Nonadjudicative Proceedings
20. 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.
Campaigning and Partisan Activity
Audits and Overdrafts
Organization as client
False or Misleading Statements
21. 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
Trial Publicity
Factors of reasonableness
Taking a matter up the ladder
Potential Conflicts of Interest
22. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Joining a firm
Purchase of a new law practice
Withdrawal Procedure
23. A conflict is not consentable if it involves asserting a claim by one client against another in the same litigation or if it is prohibited by law.
Confirmed in writing
Pay to Play Prohibited
When representation is not permitted
Solicitation in Person
24. A lawyer has a duty of confidentiality and loyalty.
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25. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Candor to the Tribunal and Adverse Legal Authority
Confidentiality Exceptions: Death or substantial Bodily Injury
Withdrawal: Mandatory
26. 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
Expediting Litigation
Should Report Professional Misconduct
Firm Names and Designations
Lawyer's Duties
27. 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.
Former Clients
Allocation of Authority between Lawyer and Client
Protecting the Client and Unearned Fees in withdrawal
Special Responsibilities of Prosecutors
28. 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.
Payment from a third person
Trial Publicity
Proprietary Interests
Flat Fees
29. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Duties re Property of others
Solicitation by Direct Mail
Withdrawal and COI
Supervisory and Subordinate Duties and Liability
30. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Splitting fees
Media rights
Organization as client
Confirmed in writing
31. 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).
Joining a firm
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Withdrawal Procedure
Trust Account Requirements and Interest
32. 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
Information gained through representation
Judge of Third Party Neutral
When representation is not permitted
Audits and Overdrafts
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.
Withdrawal: Mandatory
In house counsel
Promoting Causes Related to the Administration of Justice
Contingent fees
34. 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.
Use by other persons
Information relating to the representation
Flat Fees
Aggregate settlements and pleas
35. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Client Perjury
Withdrawal and COI
Allocation of Authority between Lawyer and Client
36. 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
When Disqualification Required
Impermissible Conduct in Litigation
Client property other than money
37. A lawyer not admitted in WA shall not establish an office or another permanent presence in WA. Lawyers who are admitted in another jurisdiction performing some legal services in WA may practice in WA if: temporary and in association with an admitted
Effect of Lawyer's termination with a firm
Discrimination
Multijurisdictional Practice
Client Perjury
38. 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.
Payment from a third person
Judge of Third Party Neutral
Impermissible Conduct in Litigation
Nonadjudicative Proceedings
39. 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.
Should Report Lawyer and Judicial Misconduct
Specialization and Fields of Practice
Discrimination
Former Clients
40. 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
General Requirement for Admission to Practice
Impropriety and the Appearance of Impropriety
When representation is permitted
Encouragement of Pro Bono
41. In person solicitation is generally prohibited unless there is a pre-existing relationship.
False or Misleading Statements
Aggregate settlements and pleas
Solicitation in Person
Time limits of confidentiality
42. A lawyer had a duty to expedite litigation.
Expediting Litigation
Non-lawyer employees
Confidentiality Exception:Protect the Lawyer
Informed Consent
43. 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
Expediting Litigation
When Disqualification Required
Negotiating for Employment
Pay to Play Prohibited
44. 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
Confidentiality Exception:Court Fiduciary
Financial assistance
Flat Fees
Impropriety and the Appearance of Impropriety
45. 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
Trust Account Requirements and Interest
Communication
Time limits of confidentiality
Withdrawal: Mandatory
46. A lawyer shall not charge or collect unreasonable fees or expenses.
Total fee reasonable
Partnership with nonlawyers
Client Under a Disability
Taking a matter up the ladder
47. 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
Candor to the Tribunal and Adverse Legal Authority
Discrimination
Meretricious and Frivolous Claims
Client may consent to prospective client conflict
48. 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.
Non-lawyer employees
Lawyer as Witness
Aggregate settlements and pleas
Impermissible Conduct in Litigation
49. 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
Physical Evidence
Should Report Lawyer and Judicial Misconduct
Lawyer as Witness
Concurrent Conflict of Interest
50. 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
Potential Conflicts of Interest
Supervisory and Subordinate Duties and Liability
Use by other persons
Splitting fees