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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
Lawyer as Witness
Attorney Liens
Multijurisdictional Practice
2. 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.
Campaigning and Partisan Activity
Former Clients
False or Misleading Statements
Physical Evidence
3. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Withdrawal and COI
Joining a firm
Communication
4. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Information gained through representation
Should Report Professional Misconduct
Potential Conflicts of Interest
Limiting Liability
5. 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
Communication
Factors of reasonableness
Payment from a third person
Joining a firm
6. 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
Special Responsibilities of Prosecutors
Accounts
Informed Consent
Campaigning and Partisan Activity
7. If the client is a corporation - the informed consent needs to come from the entity.
Time limits of confidentiality
Client Perjury
Communication
Who is the client
8. 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
Communication
General Requirement for Admission to Practice
Judge of Third Party Neutral
9. 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
Campaigning and Partisan Activity
Legal Knowledge and Skill
Confidentiality Exception:Protect the Lawyer
Supervisory and Subordinate Duties and Liability
10. 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.
Trial Publicity
Client may consent to prospective client conflict
Non-lawyer employees
Organization as client
11. 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.
Firm Names and Designations
Negotiating for Employment
General Requirement for Admission to Practice
Discrimination
12. 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
Who is the client
Withdrawal and COI
Taking a matter up the ladder
Encouragement of Pro Bono
13. 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
Nonadjudicative Proceedings
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Client may consent to prospective client conflict
Splitting fees
14. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Special Responsibilities of Prosecutors
Candor to the Tribunal and Adverse Legal Authority
Confidentiality Exception:Legal Advice
Gifts
15. A lawyer may reveal information relating to the representation to comply with a court order.
Payment from a third person
Withdrawal: Permissive
Confidentiality Exception:Court order
In house counsel
16. 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
False or Misleading Statements
Confidentiality Exception:Legal Advice
Purchase of a new law practice
17. 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.
Confidentiality Exception:Court order
Diligence
Trial Publicity
When representation is not permitted
18. 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
Partnership with nonlawyers
Confidentiality Exceptions: Death or substantial Bodily Injury
Protecting the Client and Unearned Fees in withdrawal
Multijurisdictional Practice
19. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Payment from a third person
Pay to Play Prohibited
Encouragement of Pro Bono
Imputed Conflicts of interest
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.
Special Rules for Government Personnel
Purchase of a new law practice
Aggregate settlements and pleas
Protecting the Client and Unearned Fees in withdrawal
21. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Confidentiality Exception:Protect the Lawyer
Prospective Client Conflict Requirements
Reciprocity
Confidentiality Exceptions: Death or substantial Bodily Injury
22. 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.
Specialization and Fields of Practice
Sexual relations with a client
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Withdrawal: Mandatory
23. 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.
Time limits of confidentiality
Client property other than money
Solicitation by Direct Mail
Trial Publicity
24. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Solicitation in Person
Duties re Property of others
Allocation of Authority between Lawyer and Client
25. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Trial Publicity
Supervisory and Subordinate Duties and Liability
Lawyer's Duties
Aiding Unauthorized practice/disbarred Lawyers
26. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Informed Consent
When representation is permitted
Concurrent Conflict of Interest
Confidentiality Exception:Court order
27. 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.
Supervisory and Subordinate Duties and Liability
General Requirement for Admission to Practice
Trust Account Requirements and Interest
Discrimination
28. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Retainers
Disputes over flat fees
Supervisory and Subordinate Duties and Liability
Organization as client
29. 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
Flat Fees
Financial assistance
Purchase of a new law practice
Withdrawal and COI
30. 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
Confidentiality Exception:Court order
Physical Evidence
Lawyer as Witness
Multijurisdictional Practice
31. 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).
Withdrawal Procedure
Time limits of confidentiality
Splitting fees
Effect of Lawyer's termination with a firm
32. 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.
Impermissible Conduct in Litigation
Aiding Unauthorized practice/disbarred Lawyers
Trust Account Requirements and Interest
Gifts
33. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Confidentiality Exception:Court Fiduciary
Disputes over flat fees
Confirmed in writing
Negotiating for Employment
34. 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..
Payment from a third person
Should Report Professional Misconduct
Confidentiality Exception:Protect the Lawyer
Confidentiality Exception:Court order
35. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Protecting the Client and Unearned Fees in withdrawal
Should Report Lawyer and Judicial Misconduct
Confidentiality Exception:Future Crime
Trial Publicity
36. 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
Dealing with Third Persons
Specialization and Fields of Practice
Imputed Conflicts of interest
Gifts
37. 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.
Lawyer's Duties
Impropriety and the Appearance of Impropriety
Payment from a third person
Time limits of confidentiality
38. 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 Exceptions: Death or substantial Bodily Injury
Withdrawal Procedure
Aiding Unauthorized practice/disbarred Lawyers
39. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Business transactions with a client
Promoting Causes Related to the Administration of Justice
Accounts
Trust Account Requirements and Interest
40. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Trust Account Requirements and Interest
Attorney Liens
Sexual relations with a client
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
Purchase of a new law practice
Splitting fees
Limiting Liability
Withdrawal: Permissive
42. 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.
Aggregate settlements and pleas
Physical Evidence
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Special Rules for Government Personnel
43. 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
Gifts
Concurrent Conflict of Interest
Client property other than money
44. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Payment from a third person
Physical Evidence
Allocation of Authority between Lawyer and Client
Withdrawal: Permissive
45. 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
Effect of Lawyer's termination with a firm
False or Misleading Statements
Judge of Third Party Neutral
Aiding Unauthorized practice/disbarred Lawyers
46. 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.
Withdrawal and COI
Organization as client
Proprietary Interests
Client Perjury
47. 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
When representation is not permitted
Informed Consent
Potential Conflicts of Interest
Effect of Lawyer's termination with a firm
48. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
When representation is not permitted
When Disqualification Required
Withdrawal: Permissive
Associating with Other Counsel
49. 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
Information gained through representation
Encouragement of Pro Bono
Disputes over flat fees
Time limits of confidentiality
50. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Negotiating for Employment
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Future Crime
Diligence