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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. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Withdrawal: Permissive
Duty of Subordinate Lawyers
Who is the client
Meretricious and Frivolous Claims
2. 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.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Specialization and Fields of Practice
Dealing with Third Persons
Imputed Conflicts of interest
3. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Solicitation by Direct Mail
Government service after private employment
Negotiating for Employment
Client may consent to prospective client conflict
4. A lawyer had a duty to expedite litigation.
Expediting Litigation
Duty of Subordinate Lawyers
Splitting fees
Proprietary Interests
5. 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
Multijurisdictional Practice
Information relating to the representation
Trial Publicity
Duty of Subordinate Lawyers
6. 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.
Informed Consent
Time limits of confidentiality
Aggregate settlements and pleas
Discrimination
7. 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
In house counsel
Impermissible Conduct in Litigation
Candor to the Tribunal and Adverse Legal Authority
Lawyer's Duties
8. 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
Business transactions with a client
Gifts
Financial assistance
9. 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.
Lawyer as Witness
Informed Consent
Emergencies
General Requirement for Admission to Practice
10. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Associating with Other Counsel
Disputes over flat fees
Government service after private employment
Promoting Causes Related to the Administration of Justice
11. Direct mailing is allowed - even targeted mailings.
Prospective Client Confidentiality
Associating with Other Counsel
Duties re Property of others
Solicitation by Direct Mail
12. 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.
Allocation of Authority between Lawyer and Client
Supervisory and Subordinate Duties and Liability
Impermissible Conduct in Litigation
Government service after private employment
13. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Potential Conflicts of Interest
Implied Authority
Promoting Causes Related to the Administration of Justice
Related lawyers
14. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Should Report Lawyer and Judicial Misconduct
Client Under a Disability
Dealing with Third Persons
Withdrawal Procedure
15. 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.
Sexual relations with a client
Imputed Conflicts of interest
Meretricious and Frivolous Claims
Accounts
16. 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
Partnership with nonlawyers
Reciprocity
Emergencies
17. 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.
Implied Authority
Proprietary Interests
Accounts
Information gained through representation
18. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Joining a firm
Imputed Conflicts of interest
Disputes over flat fees
Reciprocity
19. Must be in writing and are not allowed in criminal or dissolution cases. Fee agreement must specify if the fee is calculated on the gross or net recovery.
Physical Evidence
Meretricious and Frivolous Claims
Contingent fees
Candor to the Tribunal and Adverse Legal Authority
20. 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
Aggregate settlements and pleas
Campaigning and Partisan Activity
Client may consent to prospective client conflict
21. A lawyer shall not represent a client in a matter directly adverse to a client represented by a related lawyer - unless client gives informed written consent and the representation is not a concurrent conflict.
Allocation of Authority between Lawyer and Client
Withdrawal and COI
Attorney Liens
Related lawyers
22. 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
Pay to Play Prohibited
Business transactions with a client
Partnership with nonlawyers
Client property other than money
23. 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.
Concurrent Conflict of Interest
Trial Publicity
Time limits of confidentiality
Non-lawyer employees
24. 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
Limiting Liability
Disputes over flat fees
Client Perjury
Prospective Client Conflict Requirements
25. 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.
Dealing with Third Persons
Judge of Third Party Neutral
Payment from a third person
Duty of Subordinate Lawyers
26. 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
Government service after private employment
Client may consent to prospective client conflict
Joining a firm
Special Responsibilities of Prosecutors
27. 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
Splitting fees
Confidentiality Exception:Protect the Lawyer
Total fee reasonable
28. A lawyer may reveal information relating to the representation to comply with a court order.
Accounts
Solicitation by Direct Mail
Concurrent Conflict of Interest
Confidentiality Exception:Court order
29. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Reciprocity
False or Misleading Statements
Confirmed in writing
Disputes over flat fees
30. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Impropriety and the Appearance of Impropriety
Sexual relations with a client
Attorney Liens
31. 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
Prospective Client Conflict Requirements
Solicitation by Direct Mail
Duty of Subordinate Lawyers
Special Responsibilities of Prosecutors
32. 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
Lawyer's Duties
Government service after private employment
Information relating to the representation
When Disqualification Required
33. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Media rights
General Requirement for Admission to Practice
Time limits of confidentiality
34. 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
Potential Conflicts of Interest
Information gained through representation
Who is the client
Withdrawal: Permissive
35. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Who is the client
In house counsel
Client property other than money
Withdrawal and COI
36. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Special Rules for Government Personnel
Encouragement of Pro Bono
Information gained through representation
Contingent fees
37. 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
Partnership with nonlawyers
Allocation of Authority between Lawyer and Client
Proprietary Interests
Campaigning and Partisan Activity
38. A lawyer has a duty of confidentiality and loyalty.
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39. 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
Imputed Conflicts of interest
Lawyer's Duties
Confidentiality Exception:Protect the Lawyer
40. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Confirmed in writing
Encouragement of Pro Bono
Aiding Unauthorized practice/disbarred Lawyers
Disputes over flat fees
41. 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.
Physical Evidence
When Disqualification Required
Withdrawal and COI
Accounts
42. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Pay to Play Prohibited
Audits and Overdrafts
Information relating to the representation
43. 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).
Withdrawal: Permissive
Withdrawal and COI
Special Rules for Government Personnel
Encouragement of Pro Bono
44. 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
Contingent fees
Candor to the Tribunal and Adverse Legal Authority
Gifts
Physical Evidence
45. 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
Pay to Play Prohibited
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Impermissible Conduct in Litigation
Legal Knowledge and Skill
46. 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
Confidentiality Exception:Court Fiduciary
Payment from a third person
When representation is permitted
Government service after private employment
47. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Financial assistance
Informed Consent
Expediting Litigation
Negotiating for Employment
48. 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
When representation is not permitted
Promoting Causes Related to the Administration of Justice
Taking a matter up the ladder
Concurrent Conflict of Interest
49. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Protecting the Client and Unearned Fees in withdrawal
Aggregate settlements and pleas
Expediting Litigation
Confidentiality Exception:Legal Advice
50. 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
Retainers
Client Under a Disability
Impropriety and the Appearance of Impropriety