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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. 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
Should Report Professional Misconduct
Client may consent to prospective client conflict
Information gained through representation
2. 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
Purchase of a new law practice
Meretricious and Frivolous Claims
Expediting Litigation
3. 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.
Discrimination
Proprietary Interests
Dealing with Third Persons
Former Clients
4. 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
Confidentiality Exception:Protect the Lawyer
Attorney Liens
Splitting fees
5. 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
Information gained through representation
Judge of Third Party Neutral
Contingent fees
Should Report Professional Misconduct
6. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Protecting the Client and Unearned Fees in withdrawal
Reciprocity
In house counsel
Gifts
7. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Gifts
Client Perjury
Information relating to the representation
8. 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
Audits and Overdrafts
Trust Account Requirements and Interest
Factors of reasonableness
Impermissible Conduct in Litigation
9. 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.
Communication
Client Under a Disability
Encouragement of Pro Bono
Physical Evidence
10. 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
Government service after private employment
Campaigning and Partisan Activity
Duty of Subordinate Lawyers
Withdrawal: Mandatory
11. 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.
Prospective Client Conflict Requirements
False or Misleading Statements
Accounts
Factors of reasonableness
12. 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
Time limits of confidentiality
Solicitation in Person
Should Report Lawyer and Judicial Misconduct
13. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Implied Authority
Associating with Other Counsel
Multijurisdictional Practice
Factors of reasonableness
14. 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.
Limiting Liability
Aggregate settlements and pleas
Payment from a third person
Sexual relations with a client
15. 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.
Gifts
Trial Publicity
Multijurisdictional Practice
Confidentiality Exception:Legal Advice
16. 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
Aggregate settlements and pleas
Reciprocity
Proprietary Interests
Special Responsibilities of Prosecutors
17. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Firm Names and Designations
Should Report Lawyer and Judicial Misconduct
Client may consent to prospective client conflict
18. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Client Under a Disability
Allocation of Authority between Lawyer and Client
Meretricious and Frivolous Claims
Splitting fees
19. 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.
Specialization and Fields of Practice
Former Clients
Attorney Liens
Confidentiality Exception:Court Fiduciary
20. The purchase of a law practice is allowed if: entire practice is sold - seller gives clients notice that includes a statement that the client has the right to obtain other counsel and transfer will be presumed if client does not object within 90 days
Purchase of a new law practice
Who is the client
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Solicitation by Direct Mail
21. 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.
Factors of reasonableness
Encouragement of Pro Bono
Information relating to the representation
Withdrawal and COI
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.
Media rights
Prospective Client Confidentiality
Negotiating for Employment
Client property other than money
23. 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
Judge of Third Party Neutral
Allocation of Authority between Lawyer and Client
Protecting the Client and Unearned Fees in withdrawal
Confirmed in writing
24. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Aggregate settlements and pleas
Pay to Play Prohibited
Informed Consent
Supervisory and Subordinate Duties and Liability
25. 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.
Client property other than money
Payment from a third person
Meretricious and Frivolous Claims
Media rights
26. 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
When representation is not permitted
Proprietary Interests
Taking a matter up the ladder
Lawyer's Duties
27. 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
Withdrawal: Permissive
Use by other persons
Confidentiality Exception:Court Fiduciary
Candor to the Tribunal and Adverse Legal Authority
28. 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.
Impropriety and the Appearance of Impropriety
When representation is permitted
Discrimination
Information gained through representation
29. 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
Factors of reasonableness
When Disqualification Required
Supervisory and Subordinate Duties and Liability
In house counsel
30. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Implied Authority
Meretricious and Frivolous Claims
Impropriety and the Appearance of Impropriety
Prospective Client Conflict Requirements
31. 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
Protecting the Client and Unearned Fees in withdrawal
Prospective Client Conflict Requirements
Withdrawal: Permissive
32. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Client property other than money
Allocation of Authority between Lawyer and Client
When Disqualification Required
Confidentiality Exception:Legal Advice
33. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Aiding Unauthorized practice/disbarred Lawyers
Emergencies
Associating with Other Counsel
Media rights
34. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Prospective Client Conflict Requirements
Confidentiality Exceptions: Death or substantial Bodily Injury
Allocation of Authority between Lawyer and Client
Reciprocity
35. 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
In house counsel
Encouragement of Pro Bono
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
36. To be admitted to practice in WA - you must: be a graduate of an ABA approved law school - complete the WSBA clerkship program - or through reciprocity AND be of good moral character.
Related lawyers
Imputed Conflicts of interest
Confidentiality Exceptions: Death or substantial Bodily Injury
General Requirement for Admission to Practice
37. Judges should report actual knowledge of lawyer or judge misconduct
Who is the client
Associating with Other Counsel
Should Report Lawyer and Judicial Misconduct
Should Report Professional Misconduct
38. 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
Negotiating for Employment
Confidentiality Exception:Court Fiduciary
Related lawyers
Partnership with nonlawyers
39. 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
Withdrawal and COI
Candor to the Tribunal and Adverse Legal Authority
Aiding Unauthorized practice/disbarred Lawyers
Campaigning and Partisan Activity
40. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Firm Names and Designations
Client property other than money
Withdrawal and COI
41. 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
Information relating to the representation
Business transactions with a client
False or Misleading Statements
Client Perjury
42. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Meretricious and Frivolous Claims
Protecting the Client and Unearned Fees in withdrawal
43. 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.
Financial assistance
Communication
Dealing with Third Persons
Use by other persons
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 order
Flat Fees
Duty of Subordinate Lawyers
Use by other persons
45. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Nonadjudicative Proceedings
Communication
Allocation of Authority between Lawyer and Client
Prospective Client Conflict Requirements
46. 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
Payment from a third person
Impropriety and the Appearance of Impropriety
Joining a firm
Partnership with nonlawyers
47. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Purchase of a new law practice
Client may consent to prospective client conflict
False or Misleading Statements
Negotiating for Employment
48. 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.
Promoting Causes Related to the Administration of Justice
Firm Names and Designations
Judge of Third Party Neutral
Retainers
49. A lawyer has a duty of confidentiality and loyalty.
50. 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
Negotiating for Employment
Government service after private employment
Former Clients