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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 representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Lawyer as Witness
Business transactions with a client
Nonadjudicative Proceedings
Physical Evidence
2. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Who is the client
Communication
Financial assistance
Disputes over flat fees
3. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Trust Account Requirements and Interest
Aiding Unauthorized practice/disbarred Lawyers
Dealing with Third Persons
Associating with Other Counsel
4. A lawyer has a duty of confidentiality and loyalty.
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5. 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
Discrimination
Specialization and Fields of Practice
Candor to the Tribunal and Adverse Legal Authority
6. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Use by other persons
Joining a firm
Client may consent to prospective client conflict
Information relating to the representation
7. 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
Related lawyers
Withdrawal: Permissive
Encouragement of Pro Bono
Promoting Causes Related to the Administration of Justice
8. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Client may consent to prospective client conflict
Implied Authority
Confidentiality Exception:Future Crime
Solicitation in Person
9. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Joining a firm
Lawyer's Duties
Financial assistance
Multijurisdictional Practice
10. 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
Use by other persons
Prospective Client Conflict Requirements
False or Misleading Statements
Splitting fees
11. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Reciprocity
False or Misleading Statements
Total fee reasonable
Informed Consent
12. 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).
Information relating to the representation
Withdrawal Procedure
Reciprocity
Sexual relations with a client
13. 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
Solicitation by Direct Mail
Flat Fees
False or Misleading Statements
Dealing with Third Persons
14. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Withdrawal and COI
Pay to Play Prohibited
Trial Publicity
15. 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.
Sexual relations with a client
Imputed Conflicts of interest
Government service after private employment
Client Under a Disability
16. 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
Government service after private employment
General Requirement for Admission to Practice
Joining a firm
Promoting Causes Related to the Administration of Justice
17. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Gifts
Dealing with Third Persons
Emergencies
When representation is not permitted
18. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Legal Knowledge and Skill
Nonadjudicative Proceedings
Attorney Liens
19. 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.
Candor to the Tribunal and Adverse Legal Authority
Informed Consent
Implied Authority
Proprietary Interests
20. 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
Partnership with nonlawyers
Reciprocity
Pay to Play Prohibited
Special Rules for Government Personnel
21. A lawyer may reveal information relating to the representation to comply with a court order.
Solicitation in Person
Should Report Lawyer and Judicial Misconduct
Confidentiality Exception:Court order
Partnership with nonlawyers
22. 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.
Lawyer's Duties
Implied Authority
Withdrawal: Permissive
Physical Evidence
23. A lawyer had a duty to expedite litigation.
Discrimination
Retainers
Judge of Third Party Neutral
Expediting Litigation
24. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Partnership with nonlawyers
Aiding Unauthorized practice/disbarred Lawyers
Solicitation by Direct Mail
Gifts
25. 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.
Promoting Causes Related to the Administration of Justice
Specialization and Fields of Practice
Related lawyers
Factors of reasonableness
26. 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
Should Report Professional Misconduct
Firm Names and Designations
Should Report Lawyer and Judicial Misconduct
Retainers
27. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Confidentiality Exception:Court order
Confirmed in writing
Government service after private employment
Solicitation in Person
28. 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
Partnership with nonlawyers
Potential Conflicts of Interest
Flat Fees
Factors of reasonableness
29. 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.
Purchase of a new law practice
Should Report Professional Misconduct
Sexual relations with a client
Information relating to the representation
30. 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.
Lawyer's Duties
Lawyer as Witness
Attorney Liens
Diligence
31. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Legal Advice
Flat Fees
Purchase of a new law practice
32. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Proprietary Interests
Communication
Confidentiality Exception:Future Crime
Negotiating for Employment
33. 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
Prospective Client Confidentiality
Communication
Discrimination
34. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Should Report Professional Misconduct
In house counsel
Gifts
Aggregate settlements and pleas
35. 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.
Impermissible Conduct in Litigation
Flat Fees
Firm Names and Designations
Multijurisdictional Practice
36. 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
When representation is not permitted
Impermissible Conduct in Litigation
Non-lawyer employees
Multijurisdictional Practice
37. 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
Lawyer's Duties
Partnership with nonlawyers
Time limits of confidentiality
Supervisory and Subordinate Duties and Liability
38. Direct mailing is allowed - even targeted mailings.
Nonadjudicative Proceedings
Client property other than money
Use by other persons
Solicitation by Direct Mail
39. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exceptions: Death or substantial Bodily Injury
Emergencies
Discrimination
Business transactions with a client
40. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Aggregate settlements and pleas
Lawyer's Duties
Splitting fees
Protecting the Client and Unearned Fees in withdrawal
41. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Client Under a Disability
Client may consent to prospective client conflict
Dealing with Third Persons
In house counsel
42. 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
Concurrent Conflict of Interest
Taking a matter up the ladder
When Disqualification Required
Solicitation by Direct Mail
43. 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
Meretricious and Frivolous Claims
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Client Perjury
In house counsel
44. 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
Withdrawal and COI
Duties re Property of others
When representation is permitted
Client property other than money
45. 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
Former Clients
Promoting Causes Related to the Administration of Justice
Meretricious and Frivolous Claims
Concurrent Conflict of Interest
46. 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..
Trust Account Requirements and Interest
Attorney Liens
Informed Consent
Confidentiality Exception:Protect the Lawyer
47. Judges should report actual knowledge of lawyer or judge misconduct
Withdrawal: Permissive
Should Report Lawyer and Judicial Misconduct
Confidentiality Exceptions: Death or substantial Bodily Injury
Use by other persons
48. 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.
Firm Names and Designations
Solicitation by Direct Mail
Payment from a third person
Information relating to the representation
49. 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.
Lawyer as Witness
Diligence
Withdrawal: Mandatory
Payment from a third person
50. 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.
Impermissible Conduct in Litigation
Solicitation by Direct Mail
Should Report Lawyer and Judicial Misconduct
Use by other persons