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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. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Communication
Information relating to the representation
Business transactions with a client
When representation is not permitted
2. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Allocation of Authority between Lawyer and Client
Sexual relations with a client
Financial assistance
Prospective Client Confidentiality
3. 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.
Multijurisdictional Practice
Use by other persons
Special Responsibilities of Prosecutors
Organization as client
4. A lawyer may never use confidential information to the client's disadvantage.
Impermissible Conduct in Litigation
Who is the client
Disputes over flat fees
Information gained through representation
5. 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
Audits and Overdrafts
Client Under a Disability
Candor to the Tribunal and Adverse Legal Authority
Lawyer's Duties
6. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Withdrawal: Permissive
Confidentiality Exceptions: Death or substantial Bodily Injury
Pay to Play Prohibited
7. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
In house counsel
False or Misleading Statements
Duties re Property of others
Prospective Client Confidentiality
8. 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.
Should Report Professional Misconduct
Former Clients
Protecting the Client and Unearned Fees in withdrawal
Trial Publicity
9. 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.
General Requirement for Admission to Practice
Pay to Play Prohibited
Judge of Third Party Neutral
Discrimination
10. 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.
Associating with Other Counsel
Contingent fees
Special Rules for Government Personnel
Emergencies
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).
Business transactions with a client
Special Rules for Government Personnel
Gifts
Judge of Third Party Neutral
12. 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
Partnership with nonlawyers
Prospective Client Conflict Requirements
Business transactions with a client
Allocation of Authority between Lawyer and Client
13. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Duty of Subordinate Lawyers
Confidentiality Exception:Future Crime
Client Perjury
14. A lawyer shall not represent a client in a matter directly adverse to a client represented by a related lawyer - unless client gives informed written consent and the representation is not a concurrent conflict.
Special Rules for Government Personnel
Organization as client
Taking a matter up the ladder
Related lawyers
15. 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
Media rights
Client Perjury
Judge of Third Party Neutral
16. 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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17. 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
Information relating to the representation
Effect of Lawyer's termination with a firm
When Disqualification Required
Limiting Liability
18. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Gifts
Payment from a third person
Protecting the Client and Unearned Fees in withdrawal
Implied Authority
19. 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.
Withdrawal: Mandatory
Diligence
Firm Names and Designations
Government service after private employment
20. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
When representation is permitted
Legal Knowledge and Skill
Confidentiality Exception:Legal Advice
Non-lawyer employees
21. 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.
Expediting Litigation
Duty of Subordinate Lawyers
Lawyer as Witness
Legal Knowledge and Skill
22. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Duties re Property of others
Lawyer's Duties
Nonadjudicative Proceedings
Reciprocity
23. 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
Diligence
Factors of reasonableness
Discrimination
Total fee reasonable
24. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Government service after private employment
Allocation of Authority between Lawyer and Client
Withdrawal: Permissive
Former Clients
25. 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
Supervisory and Subordinate Duties and Liability
Prospective Client Confidentiality
Specialization and Fields of Practice
26. 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
Multijurisdictional Practice
When representation is permitted
Reciprocity
Encouragement of Pro Bono
27. 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.
Flat Fees
General Requirement for Admission to Practice
Total fee reasonable
Aggregate settlements and pleas
28. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Related lawyers
Client may consent to prospective client conflict
Prospective Client Conflict Requirements
Meretricious and Frivolous Claims
29. 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.
Lawyer as Witness
Payment from a third person
Trial Publicity
Reciprocity
30. 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
Payment from a third person
Trial Publicity
Time limits of confidentiality
Withdrawal and COI
31. 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.
Disputes over flat fees
Negotiating for Employment
Sexual relations with a client
Concurrent Conflict of Interest
32. 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
Proprietary Interests
Impermissible Conduct in Litigation
Audits and Overdrafts
33. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal and COI
Client Under a Disability
Diligence
Confirmed in writing
34. 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.
Discrimination
Implied Authority
Client may consent to prospective client conflict
Withdrawal: Mandatory
35. 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
Taking a matter up the ladder
Information gained through representation
When Disqualification Required
Accounts
36. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Gifts
Allocation of Authority between Lawyer and Client
Promoting Causes Related to the Administration of Justice
Confidentiality Exception:Protect the Lawyer
37. 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
Lawyer as Witness
Special Rules for Government Personnel
Trust Account Requirements and Interest
Impermissible Conduct in Litigation
38. 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
Gifts
Sexual relations with a client
When Disqualification Required
Splitting fees
39. 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.
Dealing with Third Persons
Retainers
Withdrawal: Mandatory
Impropriety and the Appearance of Impropriety
40. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Business transactions with a client
Lawyer's Duties
When representation is not permitted
Protecting the Client and Unearned Fees in withdrawal
41. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Limiting Liability
Aiding Unauthorized practice/disbarred Lawyers
Taking a matter up the ladder
Contingent fees
42. 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..
Taking a matter up the ladder
Confidentiality Exception:Protect the Lawyer
Informed Consent
Protecting the Client and Unearned Fees in withdrawal
43. 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
Judge of Third Party Neutral
Informed Consent
Confidentiality Exception:Court order
Negotiating for Employment
44. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Multijurisdictional Practice
Former Clients
Attorney Liens
Specialization and Fields of Practice
45. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Associating with Other Counsel
Disputes over flat fees
Partnership with nonlawyers
Media rights
46. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Partnership with nonlawyers
Information gained through representation
Purchase of a new law practice
Confidentiality Exception:Future Crime
47. A lawyer shall not charge or collect unreasonable fees or expenses.
Confidentiality Exception:Future Crime
Total fee reasonable
Should Report Professional Misconduct
Use by other persons
48. 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.
Limiting Liability
Non-lawyer employees
Nonadjudicative Proceedings
Withdrawal Procedure
49. 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
Organization as client
Concurrent Conflict of Interest
Encouragement of Pro Bono
When representation is permitted
50. 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
Information relating to the representation
Withdrawal Procedure
Retainers
Joining a firm