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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. 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.
Protecting the Client and Unearned Fees in withdrawal
Time limits of confidentiality
Physical Evidence
Joining a firm
2. A lawyer has a duty of confidentiality and loyalty.
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3. 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
Solicitation by Direct Mail
Special Responsibilities of Prosecutors
Specialization and Fields of Practice
4. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Limiting Liability
Reciprocity
Information relating to the representation
Media rights
5. 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.
When representation is not permitted
Proprietary Interests
Taking a matter up the ladder
Non-lawyer employees
6. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Expediting Litigation
Promoting Causes Related to the Administration of Justice
Financial assistance
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
7. Firm name may be a trade name but cannot be misleading. Names of deceased or retired partners is allowed. Letterhead must designate in what jurisdiction the lawyers are admitted.
Joining a firm
Physical Evidence
Firm Names and Designations
Potential Conflicts of Interest
8. 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
Legal Knowledge and Skill
Diligence
Candor to the Tribunal and Adverse Legal Authority
Withdrawal and COI
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.
Trial Publicity
Expediting Litigation
Should Report Lawyer and Judicial Misconduct
Supervisory and Subordinate Duties and Liability
10. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Multijurisdictional Practice
Meretricious and Frivolous Claims
Supervisory and Subordinate Duties and Liability
Implied Authority
11. 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.
Should Report Professional Misconduct
Impermissible Conduct in Litigation
Withdrawal: Permissive
Payment from a third person
12. 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.
Gifts
Duty of Subordinate Lawyers
Confidentiality Exception:Court Fiduciary
Splitting fees
13. 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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14. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Imputed Conflicts of interest
Accounts
Who is the client
15. 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
Negotiating for Employment
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Diligence
Campaigning and Partisan Activity
16. 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.
Judge of Third Party Neutral
Disputes over flat fees
Confidentiality Exception:Court order
Client property other than money
17. The duty of nondisclosure covers the period prior to and subsequent to the creation of the lawyer-client relationship. After representation - a lawyer shall not use confidential information to the detriment of a former client or for the lawyer's own
Former Clients
Time limits of confidentiality
Use by other persons
Specialization and Fields of Practice
18. 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
Meretricious and Frivolous Claims
Potential Conflicts of Interest
When representation is permitted
Information relating to the representation
19. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Emergencies
Business transactions with a client
Government service after private employment
Implied Authority
20. If the client is a corporation - the informed consent needs to come from the entity.
Gifts
Government service after private employment
Pay to Play Prohibited
Who is the client
21. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Withdrawal Procedure
Negotiating for Employment
Client Perjury
Disputes over flat fees
22. A lawyer shall not act as an advocate at trial in which the lawyer is likely to be a necessary witness. Another lawyer in the firm may represent the client if it is not a conflict with a current or former client.
Allocation of Authority between Lawyer and Client
Lawyer's Duties
Lawyer as Witness
Discrimination
23. 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
Business transactions with a client
Diligence
Impropriety and the Appearance of Impropriety
Withdrawal Procedure
24. 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.
Candor to the Tribunal and Adverse Legal Authority
False or Misleading Statements
Nonadjudicative Proceedings
Organization as client
25. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Partnership with nonlawyers
Solicitation in Person
Prospective Client Confidentiality
Supervisory and Subordinate Duties and Liability
26. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Client property other than money
Confidentiality Exception:Future Crime
Solicitation in Person
27. 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.
Allocation of Authority between Lawyer and Client
Legal Knowledge and Skill
Negotiating for Employment
Physical Evidence
28. 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
Client property other than money
Protecting the Client and Unearned Fees in withdrawal
Gifts
Impropriety and the Appearance of Impropriety
29. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confirmed in writing
Confidentiality Exceptions: Death or substantial Bodily Injury
Meretricious and Frivolous Claims
Government service after private employment
30. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Audits and Overdrafts
Financial assistance
Withdrawal and COI
When representation is not permitted
31. 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
Confidentiality Exception:Court order
Media rights
Candor to the Tribunal and Adverse Legal Authority
Factors of reasonableness
32. 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
Associating with Other Counsel
Reciprocity
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Allocation of Authority between Lawyer and Client
33. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Information relating to the representation
Allocation of Authority between Lawyer and Client
Solicitation by Direct Mail
Confidentiality Exception:Legal Advice
34. 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 Disqualification Required
Impermissible Conduct in Litigation
Multijurisdictional Practice
Allocation of Authority between Lawyer and Client
35. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Confidentiality Exception:Court order
Encouragement of Pro Bono
Concurrent Conflict of Interest
36. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Lawyer as Witness
Duty of Subordinate Lawyers
Emergencies
Former Clients
37. 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
Payment from a third person
Organization as client
Physical Evidence
38. 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.
Former Clients
Confidentiality Exception:Protect the Lawyer
Expediting Litigation
Information gained through representation
39. 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.
Lawyer as Witness
Limiting Liability
Organization as client
Accounts
40. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Dealing with Third Persons
When representation is permitted
Withdrawal and COI
Contingent fees
41. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Withdrawal: Mandatory
Attorney Liens
Campaigning and Partisan Activity
Organization as client
42. 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
Flat Fees
Special Responsibilities of Prosecutors
Impermissible Conduct in Litigation
Attorney Liens
43. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Client property other than money
Withdrawal: Permissive
Withdrawal and COI
Duties re Property of others
44. 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.
Confidentiality Exceptions: Death or substantial Bodily Injury
Non-lawyer employees
Duties re Property of others
When representation is permitted
45. 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.
Information relating to the representation
Trial Publicity
Imputed Conflicts of interest
Special Rules for Government Personnel
46. 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
Withdrawal Procedure
Lawyer's Duties
Pay to Play Prohibited
Campaigning and Partisan Activity
47. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Confidentiality Exception:Future Crime
Emergencies
Confirmed in writing
Lawyer's Duties
48. 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
Proprietary Interests
Impropriety and the Appearance of Impropriety
Confidentiality Exception:Court Fiduciary
49. 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..
Use by other persons
Confidentiality Exception:Protect the Lawyer
Trust Account Requirements and Interest
Supervisory and Subordinate Duties and Liability
50. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Implied Authority
Disputes over flat fees
Aiding Unauthorized practice/disbarred Lawyers
Sexual relations with a client