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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 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.
Specialization and Fields of Practice
When representation is permitted
Legal Knowledge and Skill
Impermissible Conduct in Litigation
2. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Concurrent Conflict of Interest
Attorney Liens
Reciprocity
Client property other than money
3. 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
Audits and Overdrafts
Potential Conflicts of Interest
Campaigning and Partisan Activity
4. 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
Time limits of confidentiality
Impropriety and the Appearance of Impropriety
When representation is not permitted
Limiting Liability
5. 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).
Should Report Professional Misconduct
Campaigning and Partisan Activity
Withdrawal Procedure
Informed Consent
6. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Firm Names and Designations
Associating with Other Counsel
Legal Knowledge and Skill
Related lawyers
7. 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.
Who is the client
Diligence
Associating with Other Counsel
Lawyer's Duties
8. 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.
Withdrawal: Mandatory
Retainers
Specialization and Fields of Practice
Physical Evidence
9. Lawyer shall not have sex with a current client unless a consensual sexual relationship existed prior to the attorney-client relationship. Other members of the firm may represent the client.
Emergencies
Sexual relations with a client
Concurrent Conflict of Interest
Informed Consent
10. 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.
Retainers
Splitting fees
Client property other than money
Firm Names and Designations
11. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Meretricious and Frivolous Claims
Pay to Play Prohibited
Impropriety and the Appearance of Impropriety
In house counsel
12. 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.
When representation is not permitted
Attorney Liens
Payment from a third person
Negotiating for Employment
13. 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
Duties re Property of others
Confidentiality Exception:Court order
Judge of Third Party Neutral
Impermissible Conduct in Litigation
14. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
When representation is not permitted
Client Perjury
Limiting Liability
Organization as client
15. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
General Requirement for Admission to Practice
Emergencies
Lawyer as Witness
Payment from a third person
16. 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
Aiding Unauthorized practice/disbarred Lawyers
Client Under a Disability
Use by other persons
17. 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.
Organization as client
Firm Names and Designations
Physical Evidence
Discrimination
18. 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
Confirmed in writing
Duties re Property of others
Use by other persons
19. 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.
Nonadjudicative Proceedings
Promoting Causes Related to the Administration of Justice
Firm Names and Designations
Protecting the Client and Unearned Fees in withdrawal
20. If the client is a corporation - the informed consent needs to come from the entity.
Confirmed in writing
Related lawyers
Pay to Play Prohibited
Who is the client
21. 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.
Media rights
Meretricious and Frivolous Claims
Pay to Play Prohibited
Impermissible Conduct in Litigation
22. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Splitting fees
Imputed Conflicts of interest
Withdrawal and COI
Accounts
23. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Information relating to the representation
Splitting fees
Meretricious and Frivolous Claims
Special Responsibilities of Prosecutors
24. 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
Organization as client
Withdrawal: Mandatory
25. 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
Purchase of a new law practice
In house counsel
Government service after private employment
Total fee reasonable
26. 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.
Emergencies
Information relating to the representation
Confidentiality Exception:Future Crime
Client Perjury
27. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
When representation is not permitted
Partnership with nonlawyers
Client Under a Disability
Encouragement of Pro Bono
28. 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
Expediting Litigation
Should Report Professional Misconduct
Confidentiality Exception:Court order
Joining a firm
29. 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
Duty of Subordinate Lawyers
Impropriety and the Appearance of Impropriety
Prospective Client Conflict Requirements
Proprietary Interests
30. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Emergencies
Promoting Causes Related to the Administration of Justice
Information gained through representation
Dealing with Third Persons
31. 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
Concurrent Conflict of Interest
Reciprocity
Multijurisdictional Practice
Confidentiality Exceptions: Death or substantial Bodily Injury
32. 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.
Solicitation in Person
Organization as client
Aiding Unauthorized practice/disbarred Lawyers
False or Misleading Statements
33. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Solicitation in Person
False or Misleading Statements
Partnership with nonlawyers
Associating with Other Counsel
34. 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.
Impermissible Conduct in Litigation
When representation is not permitted
Flat Fees
Confidentiality Exceptions: Death or substantial Bodily Injury
35. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Impermissible Conduct in Litigation
Diligence
Special Rules for Government Personnel
Confidentiality Exception:Future Crime
36. 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.
Disputes over flat fees
Withdrawal Procedure
Solicitation in Person
Organization as client
37. 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
Impropriety and the Appearance of Impropriety
Encouragement of Pro Bono
Impermissible Conduct in Litigation
Withdrawal: Permissive
38. A lawyer had a duty to expedite litigation.
Expediting Litigation
Disputes over flat fees
Organization as client
Diligence
39. 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.
Prospective Client Confidentiality
Trust Account Requirements and Interest
Discrimination
Legal Knowledge and Skill
40. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Media rights
Informed Consent
Nonadjudicative Proceedings
Lawyer's Duties
41. 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
Business transactions with a client
Information gained through representation
Time limits of confidentiality
Former Clients
42. A lawyer has a duty of confidentiality and loyalty.
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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
Trust Account Requirements and Interest
Related lawyers
Reciprocity
Expediting Litigation
44. 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.
Prospective Client Conflict Requirements
Confidentiality Exception:Protect the Lawyer
Client Perjury
Former Clients
45. 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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46. 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.
Related lawyers
Business transactions with a client
General Requirement for Admission to Practice
Withdrawal and COI
47. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Sexual relations with a client
Special Rules for Government Personnel
Campaigning and Partisan Activity
48. 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
Factors of reasonableness
Client property other than money
Client may consent to prospective client conflict
Allocation of Authority between Lawyer and Client
49. 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.
Confidentiality Exception:Court Fiduciary
Joining a firm
Nonadjudicative Proceedings
Effect of Lawyer's termination with a firm
50. 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.
Special Rules for Government Personnel
Use by other persons
Impropriety and the Appearance of Impropriety
Proprietary Interests