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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. 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
Splitting fees
Limiting Liability
Audits and Overdrafts
Taking a matter up the ladder
2. 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.
Partnership with nonlawyers
False or Misleading Statements
Non-lawyer employees
Limiting Liability
3. 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
Prospective Client Conflict Requirements
Attorney Liens
Legal Knowledge and Skill
4. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Information relating to the representation
Confidentiality Exception:Legal Advice
Payment from a third person
5. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Purchase of a new law practice
Effect of Lawyer's termination with a firm
Prospective Client Confidentiality
Encouragement of Pro Bono
6. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Effect of Lawyer's termination with a firm
Nonadjudicative Proceedings
Legal Knowledge and Skill
Splitting fees
7. 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.
Splitting fees
Client Under a Disability
Financial assistance
False or Misleading Statements
8. 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.
Protecting the Client and Unearned Fees in withdrawal
Limiting Liability
Contingent fees
Discrimination
9. A lawyer shall not reveal information relating to the representation unless the client gives informed consent - the disclosure is impliedly authorized to carry out the representation - or as permitted by the RPCs.
Prospective Client Conflict Requirements
Information relating to the representation
Trial Publicity
Retainers
10. 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
Related lawyers
Gifts
Lawyer's Duties
Specialization and Fields of Practice
11. 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.
Candor to the Tribunal and Adverse Legal Authority
Time limits of confidentiality
Specialization and Fields of Practice
Associating with Other Counsel
12. 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
Allocation of Authority between Lawyer and Client
Retainers
Confidentiality Exception:Court order
Client property other than money
13. 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.
Implied Authority
Physical Evidence
Total fee reasonable
Concurrent Conflict of Interest
14. 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
Duty of Subordinate Lawyers
Concurrent Conflict of Interest
Flat Fees
Special Responsibilities of Prosecutors
15. 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
Trial Publicity
Special Responsibilities of Prosecutors
Confidentiality Exception:Court Fiduciary
16. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Client Perjury
Proprietary Interests
Lawyer as Witness
Withdrawal and COI
17. 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
Informed Consent
Purchase of a new law practice
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Dealing with Third Persons
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
Specialization and Fields of Practice
Partnership with nonlawyers
Client Perjury
Confidentiality Exceptions: Death or substantial Bodily Injury
19. 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).
Legal Knowledge and Skill
Firm Names and Designations
Confidentiality Exception:Future Crime
Withdrawal Procedure
20. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Disputes over flat fees
Total fee reasonable
Dealing with Third Persons
Aiding Unauthorized practice/disbarred Lawyers
21. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Impermissible Conduct in Litigation
Informed Consent
Trial Publicity
Use by other persons
22. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Meretricious and Frivolous Claims
Duty of Subordinate Lawyers
Use by other persons
Imputed Conflicts of interest
23. 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.
Use by other persons
Nonadjudicative Proceedings
False or Misleading Statements
Audits and Overdrafts
24. 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
Concurrent Conflict of Interest
Factors of reasonableness
Confirmed in writing
Contingent fees
25. 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
Prospective Client Confidentiality
Judge of Third Party Neutral
Nonadjudicative Proceedings
26. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Discrimination
Implied Authority
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
General Requirement for Admission to Practice
27. 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
When representation is permitted
Associating with Other Counsel
Multijurisdictional Practice
Diligence
28. 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
General Requirement for Admission to Practice
Pay to Play Prohibited
When representation is permitted
Prospective Client Conflict Requirements
29. Judges should report actual knowledge of lawyer or judge misconduct
Confidentiality Exception:Court order
Joining a firm
Should Report Lawyer and Judicial Misconduct
Government service after private employment
30. If the client is a corporation - the informed consent needs to come from the entity.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Who is the client
Disputes over flat fees
Impropriety and the Appearance of Impropriety
31. 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
Sexual relations with a client
Joining a firm
Legal Knowledge and Skill
Protecting the Client and Unearned Fees in withdrawal
32. 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).
Pay to Play Prohibited
Promoting Causes Related to the Administration of Justice
Special Rules for Government Personnel
Impropriety and the Appearance of Impropriety
33. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Solicitation in Person
Should Report Lawyer and Judicial Misconduct
Limiting Liability
Organization as client
34. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Associating with Other Counsel
Gifts
Withdrawal Procedure
Duties re Property of others
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
Lawyer's Duties
Should Report Lawyer and Judicial Misconduct
Emergencies
36. A lawyer may never use confidential information to the client's disadvantage.
In house counsel
General Requirement for Admission to Practice
Prospective Client Confidentiality
Information gained through representation
37. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Campaigning and Partisan Activity
Non-lawyer employees
Physical Evidence
Reciprocity
38. 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.
Client property other than money
Meretricious and Frivolous Claims
Former Clients
Diligence
39. 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
Former Clients
Aiding Unauthorized practice/disbarred Lawyers
Taking a matter up the ladder
Should Report Lawyer and Judicial Misconduct
40. 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
Should Report Professional Misconduct
Aggregate settlements and pleas
Solicitation in Person
Information gained through representation
41. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exception:Protect the Lawyer
Prospective Client Conflict Requirements
Confidentiality Exception:Legal Advice
Confidentiality Exceptions: Death or substantial Bodily Injury
42. 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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43. 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.
Special Responsibilities of Prosecutors
Business transactions with a client
Contingent fees
Confidentiality Exception:Future Crime
44. 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.
Judge of Third Party Neutral
Prospective Client Confidentiality
Confidentiality Exception:Court Fiduciary
Withdrawal and COI
45. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Should Report Lawyer and Judicial Misconduct
Dealing with Third Persons
Partnership with nonlawyers
Prospective Client Conflict Requirements
46. 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
Gifts
Withdrawal Procedure
Time limits of confidentiality
47. 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
Aiding Unauthorized practice/disbarred Lawyers
Emergencies
Flat Fees
Duty of Subordinate Lawyers
48. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Negotiating for Employment
Discrimination
Trial Publicity
49. 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
Potential Conflicts of Interest
Dealing with Third Persons
Sexual relations with a client
Client may consent to prospective client conflict
50. 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.
Negotiating for Employment
Media rights
Client property other than money
Associating with Other Counsel