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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 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
When Disqualification Required
Candor to the Tribunal and Adverse Legal Authority
Flat Fees
Media rights
2. 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
Joining a firm
When Disqualification Required
Confidentiality Exception:Future Crime
Government service after private employment
3. 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
Former Clients
Joining a firm
Withdrawal Procedure
Trust Account Requirements and Interest
4. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Should Report Lawyer and Judicial Misconduct
Organization as client
Disputes over flat fees
Pay to Play Prohibited
5. 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
Payment from a third person
False or Misleading Statements
Contingent fees
Supervisory and Subordinate Duties and Liability
6. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Confidentiality Exception:Future Crime
General Requirement for Admission to Practice
Organization as client
In house counsel
7. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Withdrawal: Mandatory
Encouragement of Pro Bono
Withdrawal Procedure
Expediting Litigation
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.
Partnership with nonlawyers
Client property other than money
Withdrawal: Mandatory
Special Rules for Government Personnel
9. 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
Withdrawal: Mandatory
Informed Consent
Gifts
Flat Fees
10. 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..
When representation is not permitted
Nonadjudicative Proceedings
Confidentiality Exception:Protect the Lawyer
Duties re Property of others
11. 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.
Pay to Play Prohibited
Impermissible Conduct in Litigation
Trust Account Requirements and Interest
Communication
12. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Contingent fees
Specialization and Fields of Practice
Accounts
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.
Physical Evidence
Organization as client
Specialization and Fields of Practice
Should Report Professional Misconduct
14. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Attorney Liens
Negotiating for Employment
Limiting Liability
Duties re Property of others
15. 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
Information gained through representation
Specialization and Fields of Practice
Imputed Conflicts of interest
16. 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
Multijurisdictional Practice
Withdrawal Procedure
Duty of Subordinate Lawyers
Special Rules for Government Personnel
17. 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
Withdrawal: Permissive
Information gained through representation
Withdrawal Procedure
18. Judges should report actual knowledge of lawyer or judge misconduct
Gifts
Disputes over flat fees
Should Report Lawyer and Judicial Misconduct
Accounts
19. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Informed Consent
Solicitation in Person
Should Report Lawyer and Judicial Misconduct
Associating with Other Counsel
20. 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
Aggregate settlements and pleas
Solicitation by Direct Mail
General Requirement for Admission to Practice
21. 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
Client Perjury
Confidentiality Exception:Court Fiduciary
Dealing with Third 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.
Imputed Conflicts of interest
Government service after private employment
Implied Authority
Accounts
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.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Lawyer as Witness
Special Responsibilities of Prosecutors
Client Under a Disability
24. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Confidentiality Exception:Court Fiduciary
Withdrawal: Permissive
When representation is permitted
Solicitation in Person
25. 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
Impropriety and the Appearance of Impropriety
Confidentiality Exception:Court Fiduciary
Reciprocity
26. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Flat Fees
Communication
Nonadjudicative Proceedings
Trial Publicity
27. 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
When representation is not permitted
Should Report Lawyer and Judicial Misconduct
Confidentiality Exception:Protect the Lawyer
28. 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
Physical Evidence
Total fee reasonable
Special Responsibilities of Prosecutors
Impropriety and the Appearance of Impropriety
29. 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.
Flat Fees
Firm Names and Designations
Confidentiality Exception:Legal Advice
Confidentiality Exception:Court order
30. 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
Gifts
Solicitation by Direct Mail
Supervisory and Subordinate Duties and Liability
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
Aiding Unauthorized practice/disbarred Lawyers
Solicitation in Person
Factors of reasonableness
Impermissible Conduct in Litigation
32. 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
Retainers
Should Report Lawyer and Judicial Misconduct
Withdrawal: Permissive
When representation is permitted
33. 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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34. 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
Splitting fees
Confidentiality Exception:Court Fiduciary
Solicitation in Person
Media rights
35. 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.
Retainers
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Campaigning and Partisan Activity
Organization as client
36. Lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims unless each client gives informed written consent. Client must know how much each client is getting.
Attorney Liens
Client may consent to prospective client conflict
Diligence
Aggregate settlements and pleas
37. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Financial assistance
Lawyer as Witness
Confidentiality Exception:Future Crime
Disputes over flat fees
38. 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
Confidentiality Exception:Court order
Imputed Conflicts of interest
Candor to the Tribunal and Adverse Legal Authority
Confidentiality Exception:Future Crime
39. A lawyer shall not charge or collect unreasonable fees or expenses.
Sexual relations with a client
Solicitation in Person
Information relating to the representation
Total fee reasonable
40. Direct mailing is allowed - even targeted mailings.
Candor to the Tribunal and Adverse Legal Authority
Solicitation by Direct Mail
Related lawyers
Business transactions with a client
41. 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.
Proprietary Interests
Attorney Liens
Confidentiality Exception:Legal Advice
Meretricious and Frivolous Claims
42. 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.
Who is the client
When representation is not permitted
Sexual relations with a client
Purchase of a new law practice
43. 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
Taking a matter up the ladder
Withdrawal: Mandatory
Judge of Third Party Neutral
Impropriety and the Appearance of Impropriety
44. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Dealing with Third Persons
Trial Publicity
Financial assistance
Client may consent to prospective client conflict
45. 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
Non-lawyer employees
Judge of Third Party Neutral
Taking a matter up the ladder
Trial Publicity
46. 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
Prospective Client Confidentiality
When representation is permitted
Withdrawal: Mandatory
Duty of Subordinate Lawyers
47. 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.
Confidentiality Exception:Court order
When representation is not permitted
Withdrawal and COI
Client property other than money
48. 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.
Limiting Liability
Total fee reasonable
Legal Knowledge and Skill
Effect of Lawyer's termination with a firm
49. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Implied Authority
Communication
General Requirement for Admission to Practice
Emergencies
50. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Should Report Professional Misconduct
Aiding Unauthorized practice/disbarred Lawyers
Government service after private employment
Confidentiality Exception:Legal Advice