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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 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.
Information relating to the representation
Imputed Conflicts of interest
False or Misleading Statements
Use by other persons
2. 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.
Concurrent Conflict of Interest
Client property other than money
Communication
Firm Names and Designations
3. 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.
Prospective Client Conflict Requirements
Pay to Play Prohibited
Information gained through representation
Legal Knowledge and Skill
4. 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
Special Responsibilities of Prosecutors
Withdrawal and COI
Withdrawal Procedure
Supervisory and Subordinate Duties and Liability
5. 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.
Aggregate settlements and pleas
Expediting Litigation
Payment from a third person
Firm Names and Designations
6. 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
False or Misleading Statements
Taking a matter up the ladder
Should Report Lawyer and Judicial Misconduct
7. A lawyer has a duty of confidentiality and loyalty.
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8. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Associating with Other Counsel
Confidentiality Exceptions: Death or substantial Bodily Injury
Time limits of confidentiality
Purchase of a new law practice
9. 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).
Special Rules for Government Personnel
Organization as client
Payment from a third person
Confidentiality Exception:Court order
10. 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
Client property other than money
Purchase of a new law practice
Firm Names and Designations
11. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Confidentiality Exception:Protect the Lawyer
Total fee reasonable
When representation is not permitted
Attorney Liens
12. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Prospective Client Confidentiality
Prospective Client Conflict Requirements
Reciprocity
Taking a matter up the ladder
13. 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
Business transactions with a client
Client property other than money
Gifts
Information relating to the representation
14. A lawyer shall not charge or collect unreasonable fees or expenses.
Financial assistance
Concurrent Conflict of Interest
Total fee reasonable
Withdrawal Procedure
15. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Solicitation by Direct Mail
Allocation of Authority between Lawyer and Client
Client may consent to prospective client conflict
Promoting Causes Related to the Administration of Justice
16. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Confidentiality Exception:Court order
Client may consent to prospective client conflict
Information relating to the representation
Firm Names and Designations
17. 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.
Flat Fees
Effect of Lawyer's termination with a firm
When representation is not permitted
Confidentiality Exception:Court Fiduciary
18. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Business transactions with a client
Allocation of Authority between Lawyer and Client
Prospective Client Conflict Requirements
When representation is not permitted
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
Negotiating for Employment
Promoting Causes Related to the Administration of Justice
Pay to Play Prohibited
Client may consent to prospective client conflict
20. 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.
Aggregate settlements and pleas
Promoting Causes Related to the Administration of Justice
Expediting Litigation
Proprietary Interests
21. 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
Time limits of confidentiality
Campaigning and Partisan Activity
General Requirement for Admission to Practice
Physical Evidence
22. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Expediting Litigation
Total fee reasonable
Payment from a third person
23. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Prospective Client Confidentiality
Confidentiality Exception:Legal Advice
Meretricious and Frivolous Claims
Nonadjudicative Proceedings
24. 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.
Client property other than money
Supervisory and Subordinate Duties and Liability
Lawyer as Witness
Informed Consent
25. 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
Withdrawal: Permissive
Associating with Other Counsel
Negotiating for Employment
Factors of reasonableness
26. A lawyer is responsible for the actions of nonlegal personnel if the conduct of such persons would be in violation of the RPC if engaged in by the lawyer and the lawyer orders or ratifies the conduct.
Non-lawyer employees
Confidentiality Exception:Protect the Lawyer
Physical Evidence
Confidentiality Exception:Court Fiduciary
27. 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.
Payment from a third person
Lawyer as Witness
Client Under a Disability
Duties re Property of others
28. 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
Former Clients
Discrimination
Withdrawal: Permissive
Prospective Client Conflict Requirements
29. When representing an organization - the lawyer represents the entity as a whole acting through its duly authorized constituents and the lawyer's loyalty is with the corporation.
Organization as client
Potential Conflicts of Interest
Reciprocity
False or Misleading Statements
30. 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.
In house counsel
Negotiating for Employment
Legal Knowledge and Skill
Gifts
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
Limiting Liability
Imputed Conflicts of interest
False or Misleading Statements
When Disqualification Required
32. 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.
Taking a matter up the ladder
Media rights
Should Report Lawyer and Judicial Misconduct
Withdrawal and COI
33. 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
Organization as client
Information relating to the representation
Taking a matter up the ladder
34. If the client is a corporation - the informed consent needs to come from the entity.
Who is the client
Confidentiality Exceptions: Death or substantial Bodily Injury
Communication
Emergencies
35. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Limiting Liability
Emergencies
Should Report Professional Misconduct
Withdrawal: Permissive
36. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
Client property other than money
Duty of Subordinate Lawyers
When representation is not permitted
37. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Duties re Property of others
Special Responsibilities of Prosecutors
Informed Consent
Confirmed in writing
38. 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
Physical Evidence
False or Misleading Statements
Potential Conflicts of Interest
Should Report Professional Misconduct
39. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
General Requirement for Admission to Practice
Confidentiality Exception:Legal Advice
Joining a firm
Business transactions with a client
40. 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
Joining a firm
Candor to the Tribunal and Adverse Legal Authority
Purchase of a new law practice
Trust Account Requirements and Interest
41. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Reciprocity
Legal Knowledge and Skill
Financial assistance
Dealing with Third Persons
42. 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
Client Perjury
Prospective Client Conflict Requirements
Withdrawal Procedure
Client may consent to prospective client conflict
43. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Government service after private employment
Attorney Liens
Former Clients
44. A lawyer may never use confidential information to the client's disadvantage.
False or Misleading Statements
Information gained through representation
Pay to Play Prohibited
Solicitation by Direct Mail
45. 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
Impropriety and the Appearance of Impropriety
Confidentiality Exception:Court Fiduciary
Encouragement of Pro Bono
Campaigning and Partisan Activity
46. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Limiting Liability
Solicitation by Direct Mail
False or Misleading Statements
47. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Emergencies
Client property other than money
Lawyer as Witness
48. 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
Special Responsibilities of Prosecutors
Aiding Unauthorized practice/disbarred Lawyers
Sexual relations with a client
49. 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
Media rights
Potential Conflicts of Interest
Effect of Lawyer's termination with a firm
50. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Informed Consent
Protecting the Client and Unearned Fees in withdrawal
Multijurisdictional Practice
Prospective Client Confidentiality