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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 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
Duties re Property of others
Imputed Conflicts of interest
Client property other than money
2. 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
Multijurisdictional Practice
General Requirement for Admission to Practice
Communication
3. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
Payment from a third person
Use by other persons
Should Report Professional Misconduct
4. 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.
Confidentiality Exception:Future Crime
Prospective Client Conflict Requirements
Impermissible Conduct in Litigation
Business transactions with a client
5. If the client is a corporation - the informed consent needs to come from the entity.
Factors of reasonableness
Taking a matter up the ladder
Trust Account Requirements and Interest
Who is the client
6. A lawyer had a duty to expedite litigation.
Promoting Causes Related to the Administration of Justice
Meretricious and Frivolous Claims
Who is the client
Expediting Litigation
7. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Attorney Liens
Implied Authority
Disputes over flat fees
Potential Conflicts of Interest
8. 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
Business transactions with a client
Withdrawal Procedure
When representation is permitted
Lawyer's Duties
9. 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
Impropriety and the Appearance of Impropriety
When Disqualification Required
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
10. 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
Protecting the Client and Unearned Fees in withdrawal
Joining a firm
Flat Fees
Former Clients
11. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Legal Advice
When representation is not permitted
Attorney Liens
12. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Campaigning and Partisan Activity
Attorney Liens
Duties re Property of others
Impermissible Conduct in Litigation
13. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Pay to Play Prohibited
Encouragement of Pro Bono
Duties re Property of others
Media rights
14. 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.
Factors of reasonableness
Withdrawal Procedure
Duty of Subordinate Lawyers
General Requirement for Admission to Practice
15. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Withdrawal Procedure
Protecting the Client and Unearned Fees in withdrawal
Contingent fees
General Requirement for Admission to Practice
16. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Nonadjudicative Proceedings
Business transactions with a client
Client Under a Disability
Discrimination
17. 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
Judge of Third Party Neutral
Sexual relations with a client
Attorney Liens
18. 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.
Payment from a third person
Client Under a Disability
Organization as client
Nonadjudicative Proceedings
19. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
General Requirement for Admission to Practice
Should Report Lawyer and Judicial Misconduct
Client Under a Disability
Communication
20. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
In house counsel
Special Responsibilities of Prosecutors
Non-lawyer employees
21. 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
Special Responsibilities of Prosecutors
Nonadjudicative Proceedings
When representation is permitted
22. 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.
Solicitation by Direct Mail
Client Under a Disability
Organization as client
Imputed Conflicts of interest
23. 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
False or Misleading Statements
Withdrawal: Permissive
Judge of Third Party Neutral
Should Report Professional Misconduct
24. 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
Withdrawal: Mandatory
Multijurisdictional Practice
When Disqualification Required
Accounts
25. 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
Should Report Lawyer and Judicial Misconduct
Confidentiality Exception:Legal Advice
Withdrawal: Permissive
Attorney Liens
26. 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
Judge of Third Party Neutral
Associating with Other Counsel
Campaigning and Partisan Activity
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.
Use by other persons
Should Report Lawyer and Judicial Misconduct
Special Rules for Government Personnel
Trial Publicity
28. 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
Solicitation by Direct Mail
Confidentiality Exception:Legal Advice
Audits and Overdrafts
Partnership with nonlawyers
29. 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.
Should Report Lawyer and Judicial Misconduct
Client Under a Disability
Specialization and Fields of Practice
Taking a matter up the ladder
30. 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.
When representation is not permitted
Organization as client
Non-lawyer employees
Aiding Unauthorized practice/disbarred Lawyers
31. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exceptions: Death or substantial Bodily Injury
Flat Fees
Limiting Liability
Candor to the Tribunal and Adverse Legal Authority
32. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Communication
Trial Publicity
Total fee reasonable
33. 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.
Accounts
Dealing with Third Persons
Withdrawal: Mandatory
Client Perjury
34. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Prospective Client Confidentiality
Client may consent to prospective client conflict
Solicitation in Person
Meretricious and Frivolous Claims
35. 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
Candor to the Tribunal and Adverse Legal Authority
Time limits of confidentiality
Encouragement of Pro Bono
Reciprocity
36. 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).
Judge of Third Party Neutral
Withdrawal Procedure
Client Under a Disability
Lawyer's Duties
37. 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
Communication
Solicitation in Person
Audits and Overdrafts
38. 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
Lawyer's Duties
Reciprocity
Withdrawal and COI
39. When a lawyer leaves a firm - the firm is not prohibited from representing a client with interests materially adverse to those of a client represented by a former lawyer unless (1) it is a same or substantially related matter - or 2) any remaining la
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40. 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 representation is not permitted
Disputes over flat fees
Confidentiality Exception:Protect the Lawyer
41. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Splitting fees
Limiting Liability
When Disqualification Required
In house counsel
42. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Judge of Third Party Neutral
Media rights
Related lawyers
43. 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.
Payment from a third person
Confidentiality Exception:Protect the Lawyer
Specialization and Fields of Practice
In house counsel
44. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Attorney Liens
Prospective Client Confidentiality
Withdrawal and COI
Candor to the Tribunal and Adverse Legal Authority
45. 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
Duty of Subordinate Lawyers
Time limits of confidentiality
Business transactions with a client
Sexual relations with a client
46. 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.
Confirmed in writing
Organization as client
Media rights
Imputed Conflicts of interest
47. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Allocation of Authority between Lawyer and Client
Withdrawal and COI
Prospective Client Conflict Requirements
Diligence
48. 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.
Related lawyers
Accounts
Lawyer's Duties
Emergencies
49. 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.
Specialization and Fields of Practice
Judge of Third Party Neutral
Former Clients
Client property other than money
50. 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.
Associating with Other Counsel
Confidentiality Exceptions: Death or substantial Bodily Injury
Protecting the Client and Unearned Fees in withdrawal
Contingent fees