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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 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
Payment from a third person
Factors of reasonableness
False or Misleading Statements
Multijurisdictional Practice
2. 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
Legal Knowledge and Skill
Lawyer's Duties
Withdrawal: Permissive
Potential Conflicts of Interest
3. 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.
Withdrawal Procedure
Supervisory and Subordinate Duties and Liability
Sexual relations with a client
Trial Publicity
4. A lawyer has a duty of confidentiality and loyalty.
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5. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Trial Publicity
Solicitation in Person
Financial assistance
In house counsel
6. A lawyer had a duty to expedite litigation.
Expediting Litigation
Legal Knowledge and Skill
Lawyer as Witness
Client property other than money
7. 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
Information relating to the representation
Supervisory and Subordinate Duties and Liability
Aiding Unauthorized practice/disbarred Lawyers
Aggregate settlements and pleas
8. 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.
When representation is permitted
Withdrawal and COI
Should Report Professional Misconduct
Non-lawyer employees
9. 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.
Impermissible Conduct in Litigation
Communication
Physical Evidence
Withdrawal: Mandatory
10. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Taking a matter up the ladder
Government service after private employment
Limiting Liability
Diligence
11. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Prospective Client Conflict Requirements
Judge of Third Party Neutral
Total fee reasonable
Solicitation in Person
12. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Court order
Confidentiality Exception:Legal Advice
Withdrawal Procedure
Physical Evidence
13. 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.
Reciprocity
Use by other persons
Candor to the Tribunal and Adverse Legal Authority
When representation is permitted
14. 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.
Information relating to the representation
Payment from a third person
Related lawyers
Business transactions with a client
15. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Lawyer's Duties
Potential Conflicts of Interest
Confidentiality Exceptions: Death or substantial Bodily Injury
Allocation of Authority between Lawyer and Client
16. 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
Organization as client
Potential Conflicts of Interest
Information relating to the representation
Physical Evidence
17. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Pay to Play Prohibited
Emergencies
Trial Publicity
Withdrawal Procedure
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
Expediting Litigation
In house counsel
Firm Names and Designations
19. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Use by other persons
Splitting fees
Confirmed in writing
20. 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.
Limiting Liability
Information gained through representation
Related lawyers
Gifts
21. 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
Related lawyers
Media rights
General Requirement for Admission to Practice
Judge of Third Party Neutral
22. 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
Physical Evidence
Taking a matter up the ladder
Promoting Causes Related to the Administration of Justice
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
23. 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.
Confirmed in writing
Confidentiality Exception:Future Crime
Promoting Causes Related to the Administration of Justice
Client Under a Disability
24. 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.
Client property other than money
Effect of Lawyer's termination with a firm
Splitting fees
Discrimination
25. 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
Splitting fees
Impropriety and the Appearance of Impropriety
Special Rules for Government Personnel
Organization as client
26. 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
Concurrent Conflict of Interest
Taking a matter up the ladder
Partnership with nonlawyers
Should Report Professional Misconduct
27. 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
Duties re Property of others
Reciprocity
Client Perjury
28. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Lawyer's Duties
Financial assistance
Trust Account Requirements and Interest
Client may consent to prospective client conflict
29. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Protecting the Client and Unearned Fees in withdrawal
Implied Authority
Lawyer's Duties
30. Direct mailing is allowed - even targeted mailings.
Duties re Property of others
When Disqualification Required
Who is the client
Solicitation by Direct Mail
31. 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.
Confirmed in writing
Solicitation by Direct Mail
Nonadjudicative Proceedings
Physical Evidence
32. 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.
General Requirement for Admission to Practice
Retainers
Should Report Lawyer and Judicial Misconduct
Negotiating for Employment
33. 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.
Attorney Liens
Confidentiality Exception:Protect the Lawyer
Confidentiality Exception:Court Fiduciary
Sexual relations with a client
34. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Associating with Other Counsel
Confidentiality Exception:Protect the Lawyer
Confidentiality Exception:Legal Advice
35. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Payment from a third person
Promoting Causes Related to the Administration of Justice
Firm Names and Designations
Proprietary Interests
36. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Duties re Property of others
Nonadjudicative Proceedings
Potential Conflicts of Interest
Organization as client
37. 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
Legal Knowledge and Skill
Factors of reasonableness
Withdrawal: Permissive
Client Under a Disability
38. 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
Aiding Unauthorized practice/disbarred Lawyers
Potential Conflicts of Interest
Prospective Client Conflict Requirements
39. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Confidentiality Exception:Future Crime
Withdrawal and COI
Expediting Litigation
Legal Knowledge and Skill
40. 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
Promoting Causes Related to the Administration of Justice
Prospective Client Confidentiality
Accounts
Joining a firm
41. A lawyer shall not charge or collect unreasonable fees or expenses.
Dealing with Third Persons
Factors of reasonableness
Total fee reasonable
Withdrawal and COI
42. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Non-lawyer employees
Supervisory and Subordinate Duties and Liability
When representation is not permitted
Informed Consent
43. 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
Government service after private employment
Prospective Client Confidentiality
Trust Account Requirements and Interest
Taking a matter up the ladder
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
Gifts
Informed Consent
Diligence
Prospective Client Conflict Requirements
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
Limiting Liability
Reciprocity
Business transactions with a client
Special Responsibilities of Prosecutors
46. 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
Media rights
Trial Publicity
Promoting Causes Related to the Administration of Justice
47. 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.
Expediting Litigation
Payment from a third person
Media rights
Firm Names and Designations
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
Withdrawal Procedure
Lawyer's Duties
Taking a matter up the ladder
Solicitation by Direct Mail
49. 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.
In house counsel
Accounts
Time limits of confidentiality
Gifts
50. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Limiting Liability
Splitting fees
When representation is not permitted