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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 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
Who is the client
Flat Fees
Information relating to the representation
Allocation of Authority between Lawyer and Client
2. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Government service after private employment
Informed Consent
Information gained through representation
Allocation of Authority between Lawyer and Client
3. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Partnership with nonlawyers
Taking a matter up the ladder
4. 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
Client may consent to prospective client conflict
Dealing with Third Persons
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Special Rules for Government Personnel
5. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Who is the client
Proprietary Interests
Aggregate settlements and pleas
6. A lawyer may reveal information relating to the representation to comply with a court order.
Retainers
Proprietary Interests
Total fee reasonable
Confidentiality Exception:Court order
7. 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
Supervisory and Subordinate Duties and Liability
Contingent fees
Legal Knowledge and Skill
Business transactions with a client
8. 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.
Taking a matter up the ladder
Physical Evidence
Disputes over flat fees
Total fee reasonable
9. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Supervisory and Subordinate Duties and Liability
Proprietary Interests
Financial assistance
Splitting fees
10. 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
Should Report Professional Misconduct
Confidentiality Exceptions: Death or substantial Bodily Injury
Trust Account Requirements and Interest
Withdrawal: Permissive
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
Limiting Liability
When representation is permitted
Confirmed in writing
Allocation of Authority between Lawyer and Client
12. A lawyer may never use confidential information to the client's disadvantage.
Discrimination
Confidentiality Exception:Legal Advice
Information gained through representation
Attorney Liens
13. 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
Factors of reasonableness
Splitting fees
Confidentiality Exception:Court order
Judge of Third Party Neutral
14. 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.
Specialization and Fields of Practice
Partnership with nonlawyers
Impermissible Conduct in Litigation
Limiting Liability
15. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
In house counsel
Negotiating for Employment
Disputes over flat fees
Aggregate settlements and pleas
16. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Use by other persons
Judge of Third Party Neutral
Protecting the Client and Unearned Fees in withdrawal
17. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Solicitation in Person
Reciprocity
Nonadjudicative Proceedings
Potential Conflicts of Interest
18. 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
Information relating to the representation
Supervisory and Subordinate Duties and Liability
Multijurisdictional Practice
Protecting the Client and Unearned Fees in withdrawal
19. A lawyer had a duty to expedite litigation.
Expediting Litigation
Legal Knowledge and Skill
Limiting Liability
Should Report Professional Misconduct
20. 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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21. A lawyer has a duty of confidentiality and loyalty.
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22. 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.
Government service after private employment
Taking a matter up the ladder
Payment from a third person
Should Report Lawyer and Judicial Misconduct
23. 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
Physical Evidence
Associating with Other Counsel
Gifts
Duty of Subordinate Lawyers
24. 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
Legal Knowledge and Skill
General Requirement for Admission to Practice
Negotiating for Employment
25. 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.
Nonadjudicative Proceedings
Gifts
Sexual relations with a client
Expediting Litigation
26. 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.
False or Misleading Statements
Former Clients
Multijurisdictional Practice
When representation is not permitted
27. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Duties re Property of others
Pay to Play Prohibited
Payment from a third person
28. 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.
Client Under a Disability
Expediting Litigation
Business transactions with a client
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
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
Total fee reasonable
Campaigning and Partisan Activity
Trust Account Requirements and Interest
General Requirement for Admission to Practice
30. 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
Retainers
Confidentiality Exception:Protect the Lawyer
In house counsel
Confidentiality Exception:Future Crime
31. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Physical Evidence
Government service after private employment
Protecting the Client and Unearned Fees in withdrawal
Should Report Professional Misconduct
32. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Communication
Firm Names and Designations
Confirmed in writing
Aiding Unauthorized practice/disbarred Lawyers
33. 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.
Judge of Third Party Neutral
Solicitation in Person
Discrimination
Prospective Client Confidentiality
34. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Reciprocity
Implied Authority
Disputes over flat fees
Confidentiality Exception:Legal Advice
35. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Nonadjudicative Proceedings
Reciprocity
Limiting Liability
Organization as client
36. 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
Lawyer's Duties
Time limits of confidentiality
Impropriety and the Appearance of Impropriety
37. 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.
Solicitation by Direct Mail
Concurrent Conflict of Interest
When representation is not permitted
Client Perjury
38. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Disputes over flat fees
Informed Consent
Protecting the Client and Unearned Fees in withdrawal
Confidentiality Exception:Legal Advice
39. 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
Accounts
Special Responsibilities of Prosecutors
Trial Publicity
Client property other than money
40. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Solicitation by Direct Mail
Withdrawal: Permissive
Candor to the Tribunal and Adverse Legal Authority
Solicitation in Person
41. 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
Splitting fees
Government service after private employment
Impropriety and the Appearance of Impropriety
Negotiating for Employment
42. 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
Aggregate settlements and pleas
Communication
Client property other than money
Concurrent Conflict of Interest
43. Direct mailing is allowed - even targeted mailings.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Supervisory and Subordinate Duties and Liability
Solicitation by Direct Mail
Should Report Professional Misconduct
44. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Allocation of Authority between Lawyer and Client
Gifts
Specialization and Fields of Practice
45. 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.
Flat Fees
Confidentiality Exception:Court Fiduciary
Lawyer as Witness
Information gained through representation
46. 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
Dealing with Third Persons
Judge of Third Party Neutral
Encouragement of Pro Bono
Legal Knowledge and Skill
47. 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
Taking a matter up the ladder
Duty of Subordinate Lawyers
Prospective Client Confidentiality
Client Perjury
48. 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.
Financial assistance
Contingent fees
Multijurisdictional Practice
Specialization and Fields of Practice
49. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Legal Knowledge and Skill
Imputed Conflicts of interest
Confirmed in writing
Meretricious and Frivolous Claims
50. 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.
Lawyer's Duties
Government service after private employment
Proprietary Interests
When representation is permitted
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