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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 shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Time limits of confidentiality
Limiting Liability
Former Clients
Informed Consent
2. 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
Accounts
Audits and Overdrafts
Special Responsibilities of Prosecutors
Impropriety and the Appearance of Impropriety
3. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Special Rules for Government Personnel
Flat Fees
Confirmed in writing
4. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Non-lawyer employees
Special Responsibilities of Prosecutors
Former Clients
5. Direct mailing is allowed - even targeted mailings.
Special Responsibilities of Prosecutors
Withdrawal: Permissive
Solicitation by Direct Mail
Financial assistance
6. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Time limits of confidentiality
Disputes over flat fees
Confidentiality Exception:Legal Advice
Trial Publicity
7. 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
Dealing with Third Persons
Total fee reasonable
Splitting fees
Firm Names and Designations
8. 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
Protecting the Client and Unearned Fees in withdrawal
Partnership with nonlawyers
Retainers
Associating with Other Counsel
9. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Who is the client
Duties re Property of others
Audits and Overdrafts
Media rights
10. 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
When Disqualification Required
Prospective Client Conflict Requirements
Non-lawyer employees
Campaigning and Partisan Activity
11. 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).
Client Perjury
Duty of Subordinate Lawyers
Special Rules for Government Personnel
Disputes over flat fees
12. 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.
Gifts
Limiting Liability
Accounts
Special Responsibilities of Prosecutors
13. 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
Impropriety and the Appearance of Impropriety
Time limits of confidentiality
Information gained through representation
Gifts
14. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Aggregate settlements and pleas
Prospective Client Confidentiality
Special Responsibilities of Prosecutors
Confidentiality Exception:Court order
15. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Withdrawal: Mandatory
In house counsel
Diligence
Financial assistance
16. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Supervisory and Subordinate Duties and Liability
Promoting Causes Related to the Administration of Justice
Encouragement of Pro Bono
Lawyer as Witness
17. 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.
Flat Fees
Information gained through representation
Payment from a third person
Impermissible Conduct in Litigation
18. 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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19. 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
Campaigning and Partisan Activity
Multijurisdictional Practice
Solicitation by Direct Mail
Factors of reasonableness
20. 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.
Solicitation by Direct Mail
General Requirement for Admission to Practice
Proprietary Interests
Nonadjudicative Proceedings
21. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Withdrawal: Mandatory
Special Responsibilities of Prosecutors
Flat Fees
Nonadjudicative Proceedings
22. 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
Withdrawal: Permissive
Use by other persons
Factors of reasonableness
Should Report Professional Misconduct
23. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Potential Conflicts of Interest
Promoting Causes Related to the Administration of Justice
Retainers
24. 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
Specialization and Fields of Practice
Aiding Unauthorized practice/disbarred Lawyers
Protecting the Client and Unearned Fees in withdrawal
25. 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.
Firm Names and Designations
Duty of Subordinate Lawyers
Attorney Liens
Negotiating for Employment
26. 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
Confidentiality Exception:Court order
Pay to Play Prohibited
Solicitation by Direct Mail
Payment from a third person
27. 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.
Purchase of a new law practice
Confidentiality Exception:Court Fiduciary
Business transactions with a client
Client may consent to prospective client conflict
28. 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
Communication
Emergencies
Judge of Third Party Neutral
29. 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
Aiding Unauthorized practice/disbarred Lawyers
Trust Account Requirements and Interest
Trial Publicity
Solicitation in Person
30. 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.
Expediting Litigation
Aiding Unauthorized practice/disbarred Lawyers
Use by other persons
Payment from a third person
31. 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
Audits and Overdrafts
Proprietary Interests
Reciprocity
32. 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.
Trial Publicity
Firm Names and Designations
Effect of Lawyer's termination with a firm
Client Under a Disability
33. 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.
Meretricious and Frivolous Claims
Informed Consent
Disputes over flat fees
Trial Publicity
34. 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
Campaigning and Partisan Activity
In house counsel
Attorney Liens
Impropriety and the Appearance of Impropriety
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
Concurrent Conflict of Interest
Withdrawal: Permissive
Confidentiality Exception:Court order
Joining a firm
36. 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
Sexual relations with a client
Financial assistance
Confidentiality Exception:Future Crime
37. A lawyers must always abide by the RPCs. If a lawyer is asked to do something by a supervisor - the lawyer does not violate the RPCs if the lawyer acts in accordance with the supervisor's reasonable resolution of an arguable question of professional
Information relating to the representation
Duty of Subordinate Lawyers
Total fee reasonable
Expediting Litigation
38. 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.
Physical Evidence
Confidentiality Exceptions: Death or substantial Bodily Injury
Audits and Overdrafts
Impermissible Conduct in Litigation
39. 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
Client Perjury
Organization as client
Business transactions with a client
Allocation of Authority between Lawyer and Client
40. A lawyer shall not charge or collect unreasonable fees or expenses.
Protecting the Client and Unearned Fees in withdrawal
Total fee reasonable
Impropriety and the Appearance of Impropriety
Contingent fees
41. 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
Effect of Lawyer's termination with a firm
Confidentiality Exception:Future Crime
Trust Account Requirements and Interest
Special Responsibilities of Prosecutors
42. 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
Impermissible Conduct in Litigation
Confidentiality Exception:Court order
Contingent fees
43. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Solicitation in Person
Client Perjury
Confidentiality Exceptions: Death or substantial Bodily Injury
Lawyer's Duties
44. 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
Pay to Play Prohibited
Potential Conflicts of Interest
Prospective Client Conflict Requirements
Business transactions with a client
45. 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
Prospective Client Confidentiality
Information gained through representation
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
46. 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
Time limits of confidentiality
Confirmed in writing
Protecting the Client and Unearned Fees in withdrawal
Sexual relations with a client
47. A lawyer had a duty to expedite litigation.
Government service after private employment
Solicitation by Direct Mail
Firm Names and Designations
Expediting Litigation
48. 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.
Client property other than money
Candor to the Tribunal and Adverse Legal Authority
Information relating to the representation
Withdrawal: Mandatory
49. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Prospective Client Conflict Requirements
Lawyer's Duties
Disputes over flat fees
Limiting Liability
50. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Confidentiality Exception:Protect the Lawyer
Discrimination
Implied Authority
Protecting the Client and Unearned Fees in withdrawal