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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 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
Associating with Other Counsel
Duty of Subordinate Lawyers
Should Report Professional Misconduct
Former Clients
2. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Client Under a Disability
Client may consent to prospective client conflict
Candor to the Tribunal and Adverse Legal Authority
Informed Consent
3. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Informed Consent
When representation is not permitted
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Legal Advice
4. 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
Attorney Liens
Audits and Overdrafts
Former Clients
Withdrawal and COI
5. 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.
Special Rules for Government Personnel
Gifts
Prospective Client Confidentiality
Legal Knowledge and Skill
6. 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
Information relating to the representation
Purchase of a new law practice
Contingent fees
Lawyer as Witness
7. 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
Effect of Lawyer's termination with a firm
Impropriety and the Appearance of Impropriety
Withdrawal: Permissive
8. 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
Campaigning and Partisan Activity
Information gained through representation
Retainers
Who is the client
9. 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.
Non-lawyer employees
Withdrawal Procedure
Trial Publicity
Splitting fees
10. 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.
Trust Account Requirements and Interest
False or Misleading Statements
Withdrawal and COI
Expediting Litigation
11. 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
Proprietary Interests
Pay to Play Prohibited
Lawyer's Duties
12. 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.
Expediting Litigation
Related lawyers
Prospective Client Conflict Requirements
Effect of Lawyer's termination with a firm
13. 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.
Associating with Other Counsel
Impropriety and the Appearance of Impropriety
Payment from a third person
Legal Knowledge and Skill
14. 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
Associating with Other Counsel
Factors of reasonableness
When representation is permitted
Use by other persons
15. 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.
Government service after private employment
When representation is not permitted
Former Clients
Nonadjudicative Proceedings
16. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Confidentiality Exceptions: Death or substantial Bodily Injury
Should Report Lawyer and Judicial Misconduct
Gifts
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
Media rights
Former Clients
When representation is not permitted
Gifts
18. 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
Withdrawal: Permissive
Gifts
Physical Evidence
19. 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..
Potential Conflicts of Interest
Confidentiality Exception:Protect the Lawyer
Use by other persons
Dealing with Third Persons
20. 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.
Retainers
Confidentiality Exception:Court Fiduciary
Supervisory and Subordinate Duties and Liability
Time limits of confidentiality
21. 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.
Contingent fees
Confirmed in writing
Proprietary Interests
Meretricious and Frivolous Claims
22. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Special Rules for Government Personnel
General Requirement for Admission to Practice
Encouragement of Pro Bono
Potential Conflicts of Interest
23. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Emergencies
Factors of reasonableness
Solicitation in Person
Purchase of a new law practice
24. 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.
Factors of reasonableness
Impermissible Conduct in Litigation
Physical Evidence
Specialization and Fields of Practice
25. 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
Communication
Partnership with nonlawyers
Emergencies
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
26. 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.
Former Clients
Information gained through representation
Trust Account Requirements and Interest
Client property other than money
27. 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
Diligence
Pay to Play Prohibited
Candor to the Tribunal and Adverse Legal Authority
Client Under a Disability
28. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Audits and Overdrafts
Judge of Third Party Neutral
Confirmed in writing
Solicitation by Direct Mail
29. 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
Firm Names and Designations
Confidentiality Exception:Future Crime
Judge of Third Party Neutral
Joining a firm
30. 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
Splitting fees
When representation is permitted
Emergencies
Information gained through representation
31. 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
Business transactions with a client
Diligence
Proprietary Interests
Withdrawal: Permissive
32. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Client Under a Disability
Discrimination
Financial assistance
Sexual relations with a client
33. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Expediting Litigation
Meretricious and Frivolous Claims
Pay to Play Prohibited
34. 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.
Purchase of a new law practice
Joining a firm
Organization as client
Concurrent Conflict of Interest
35. A lawyer has a duty of confidentiality and loyalty.
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36. 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.
Trial Publicity
Aggregate settlements and pleas
Former Clients
Physical Evidence
37. 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
Nonadjudicative Proceedings
Partnership with nonlawyers
Communication
Trial Publicity
38. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Purchase of a new law practice
Associating with Other Counsel
Lawyer's Duties
39. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Splitting fees
Allocation of Authority between Lawyer and Client
Multijurisdictional Practice
Judge of Third Party Neutral
40. 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
Allocation of Authority between Lawyer and Client
Flat Fees
Impropriety and the Appearance of Impropriety
Supervisory and Subordinate Duties and Liability
41. 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.
Confidentiality Exception:Future Crime
Allocation of Authority between Lawyer and Client
Discrimination
Flat Fees
42. 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
Impropriety and the Appearance of Impropriety
Taking a matter up the ladder
Candor to the Tribunal and Adverse Legal Authority
Client Perjury
43. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Judge of Third Party Neutral
Multijurisdictional Practice
Sexual relations with a client
44. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Nonadjudicative Proceedings
When Disqualification Required
Meretricious and Frivolous Claims
Supervisory and Subordinate Duties and Liability
45. 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.
Contingent fees
Use by other persons
Emergencies
Duty of Subordinate Lawyers
46. A lawyer had a duty to expedite litigation.
Solicitation in Person
Disputes over flat fees
Potential Conflicts of Interest
Expediting Litigation
47. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Multijurisdictional Practice
Government service after private employment
Effect of Lawyer's termination with a firm
Legal Knowledge and Skill
48. 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
Implied Authority
Encouragement of Pro Bono
Firm Names and Designations
49. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Information gained through representation
In house counsel
Limiting Liability
Withdrawal and COI
50. 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
Sexual relations with a client
Candor to the Tribunal and Adverse Legal Authority
Informed Consent
Total fee reasonable