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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 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.
Lawyer as Witness
Factors of reasonableness
Solicitation in Person
Judge of Third Party Neutral
2. 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
Implied Authority
General Requirement for Admission to Practice
Client Perjury
Special Responsibilities of Prosecutors
3. 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.
Supervisory and Subordinate Duties and Liability
Confidentiality Exception:Court Fiduciary
Concurrent Conflict of Interest
Associating with Other Counsel
4. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Sexual relations with a client
Reciprocity
Encouragement of Pro Bono
When representation is permitted
5. 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.
Special Responsibilities of Prosecutors
Client Under a Disability
Lawyer's Duties
General Requirement for Admission to Practice
6. 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
Candor to the Tribunal and Adverse Legal Authority
Confirmed in writing
Communication
7. Judges should report actual knowledge of lawyer or judge misconduct
Impermissible Conduct in Litigation
General Requirement for Admission to Practice
Confidentiality Exception:Protect the Lawyer
Should Report Lawyer and Judicial Misconduct
8. A lawyer has a duty of confidentiality and loyalty.
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9. 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
Expediting Litigation
Disputes over flat fees
Pay to Play Prohibited
Attorney Liens
10. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Concurrent Conflict of Interest
Confidentiality Exception:Protect the Lawyer
Aiding Unauthorized practice/disbarred Lawyers
Legal Knowledge and Skill
11. 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.
Specialization and Fields of Practice
Limiting Liability
Impropriety and the Appearance of Impropriety
When representation is not permitted
12. 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
Effect of Lawyer's termination with a firm
Disputes over flat fees
Partnership with nonlawyers
Confidentiality Exception:Court Fiduciary
13. 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
Confidentiality Exception:Court order
Special Responsibilities of Prosecutors
Withdrawal: Permissive
Encouragement of Pro Bono
14. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Client may consent to prospective client conflict
Payment from a third person
Withdrawal: Permissive
15. 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
Client Under a Disability
Confirmed in writing
Impropriety and the Appearance of Impropriety
Special Rules for Government Personnel
16. Even if no lawyer-client relationship forms - a lawyer shall not represent a client with interests materially adverse to those of a prospective client in the same or substantially same matter if the lawyer received information from the prospective cl
Prospective Client Conflict Requirements
False or Misleading Statements
Confidentiality Exception:Court order
Information relating to the representation
17. 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
Gifts
Former Clients
Disputes over flat fees
Allocation of Authority between Lawyer and Client
18. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Prospective Client Conflict Requirements
Confidentiality Exception:Legal Advice
Joining a firm
Disputes over flat fees
19. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Imputed Conflicts of interest
Prospective Client Confidentiality
Associating with Other Counsel
Informed Consent
20. 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.
Negotiating for Employment
When Disqualification Required
In house counsel
Impropriety and the Appearance of Impropriety
21. 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
Pay to Play Prohibited
Information relating to the representation
When representation is permitted
Withdrawal Procedure
22. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Attorney Liens
Withdrawal and COI
Accounts
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
23. 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
Duties re Property of others
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
24. 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).
Discrimination
Confidentiality Exception:Legal Advice
Diligence
Withdrawal Procedure
25. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Business transactions with a client
Confidentiality Exception:Legal Advice
Financial assistance
26. 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
Solicitation by Direct Mail
Multijurisdictional Practice
Accounts
In house counsel
27. 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.
Trial Publicity
Communication
Reciprocity
Confidentiality Exception:Court order
28. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Client property other than money
Sexual relations with a client
Pay to Play Prohibited
29. 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..
Audits and Overdrafts
Reciprocity
Confidentiality Exception:Protect the Lawyer
Withdrawal Procedure
30. 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.
Financial assistance
Business transactions with a client
Taking a matter up the ladder
Discrimination
31. 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
Discrimination
Physical Evidence
Informed Consent
32. 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.
Confidentiality Exception:Future Crime
Trial Publicity
Prospective Client Conflict Requirements
Accounts
33. Direct mailing is allowed - even targeted mailings.
Informed Consent
Solicitation by Direct Mail
Information gained through representation
Trial Publicity
34. 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
Duties re Property of others
In house counsel
Withdrawal: Mandatory
35. 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.
Special Responsibilities of Prosecutors
Information relating to the representation
Non-lawyer employees
Duties re Property of others
36. 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
Trust Account Requirements and Interest
Sexual relations with a client
Retainers
Former Clients
37. If the client is a corporation - the informed consent needs to come from the entity.
Who is the client
Should Report Professional Misconduct
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Allocation of Authority between Lawyer and Client
38. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Client property other than money
Prospective Client Confidentiality
Expediting Litigation
Allocation of Authority between Lawyer and Client
39. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Solicitation in Person
Imputed Conflicts of interest
Withdrawal: Mandatory
Total fee reasonable
40. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Audits and Overdrafts
Emergencies
Client Perjury
Client Under a Disability
41. 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.
Pay to Play Prohibited
Non-lawyer employees
Proprietary Interests
Promoting Causes Related to the Administration of Justice
42. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Client property other than money
Nonadjudicative Proceedings
Aiding Unauthorized practice/disbarred Lawyers
Communication
43. 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.
When representation is not permitted
Information relating to the representation
Trial Publicity
Multijurisdictional Practice
44. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Withdrawal and COI
Implied Authority
Specialization and Fields of Practice
Protecting the Client and Unearned Fees in withdrawal
45. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
False or Misleading Statements
Purchase of a new law practice
Sexual relations with a client
Client may consent to prospective client conflict
46. 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.
Candor to the Tribunal and Adverse Legal Authority
Withdrawal: Mandatory
Multijurisdictional Practice
Associating with Other Counsel
47. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Campaigning and Partisan Activity
Confirmed in writing
Confidentiality Exception:Protect the Lawyer
When representation is not permitted
48. 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
Confirmed in writing
Taking a matter up the ladder
Protecting the Client and Unearned Fees in withdrawal
Information relating to the representation
49. 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
Negotiating for Employment
Retainers
Prospective Client Confidentiality
Candor to the Tribunal and Adverse Legal Authority
50. A lawyer shall not charge or collect unreasonable fees or expenses.
Sexual relations with a client
Purchase of a new law practice
Total fee reasonable
Business transactions with a client