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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 associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Client property other than money
Duties re Property of others
Withdrawal and COI
2. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Implied Authority
Client may consent to prospective client conflict
Concurrent Conflict of Interest
Gifts
3. 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.
Legal Knowledge and Skill
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Splitting fees
General Requirement for Admission to Practice
4. 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
Accounts
Confidentiality Exceptions: Death or substantial Bodily Injury
Special Responsibilities of Prosecutors
When Disqualification Required
5. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Withdrawal Procedure
Contingent fees
Promoting Causes Related to the Administration of Justice
Imputed Conflicts of interest
6. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
False or Misleading Statements
Legal Knowledge and Skill
Implied Authority
Government service after private employment
7. 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.
Impermissible Conduct in Litigation
Client property other than money
Confidentiality Exception:Legal Advice
Confirmed in writing
8. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Protecting the Client and Unearned Fees in withdrawal
Supervisory and Subordinate Duties and Liability
Government service after private employment
Meretricious and Frivolous Claims
9. A lawyer has a duty of confidentiality and loyalty.
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10. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Withdrawal: Mandatory
Campaigning and Partisan Activity
Implied Authority
Client may consent to prospective client conflict
11. 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.
Expediting Litigation
Specialization and Fields of Practice
Purchase of a new law practice
Lawyer as Witness
12. 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
Partnership with nonlawyers
Organization as client
Associating with Other Counsel
Discrimination
13. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Partnership with nonlawyers
Confidentiality Exceptions: Death or substantial Bodily Injury
Encouragement of Pro Bono
Audits and Overdrafts
14. 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
Effect of Lawyer's termination with a firm
Prospective Client Confidentiality
Withdrawal and COI
15. 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.
When Disqualification Required
Former Clients
Joining a firm
Lawyer's Duties
16. 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
Impropriety and the Appearance of Impropriety
Campaigning and Partisan Activity
Organization as client
17. 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.
Related lawyers
Candor to the Tribunal and Adverse Legal Authority
Judge of Third Party Neutral
Trust Account Requirements and Interest
18. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Disputes over flat fees
Imputed Conflicts of interest
Dealing with Third Persons
Emergencies
19. 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
Special Responsibilities of Prosecutors
Meretricious and Frivolous Claims
Confidentiality Exception:Legal Advice
20. 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).
Non-lawyer employees
Campaigning and Partisan Activity
Special Rules for Government Personnel
Promoting Causes Related to the Administration of Justice
21. 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
Effect of Lawyer's termination with a firm
Associating with Other Counsel
Gifts
Business transactions with a client
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
Client may consent to prospective client conflict
Withdrawal: Permissive
Effect of Lawyer's termination with a firm
When Disqualification Required
23. A lawyer who knows that another lawyer has committed a violation of the RPCs - should inform the WSBA. A lawyer who knows that a judge has committed a violation of the CJC that raises a substantial question as to the judge's fitness should inform the
Should Report Professional Misconduct
Client Perjury
Meretricious and Frivolous Claims
Financial assistance
24. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Business transactions with a client
Flat Fees
Confidentiality Exception:Future Crime
Client may consent to prospective client conflict
25. 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.
Purchase of a new law practice
Special Rules for Government Personnel
Who is the client
General Requirement for Admission to Practice
26. 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
When representation is permitted
Informed Consent
Special Rules for Government Personnel
Meretricious and Frivolous Claims
27. 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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28. 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.
Non-lawyer employees
Purchase of a new law practice
When Disqualification Required
Withdrawal and COI
29. 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
Flat Fees
Implied Authority
Candor to the Tribunal and Adverse Legal Authority
Firm Names and Designations
30. 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
Audits and Overdrafts
Media rights
Should Report Professional Misconduct
Duty of Subordinate Lawyers
31. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Confidentiality Exception:Court order
Reciprocity
Concurrent Conflict of Interest
Former Clients
32. 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
Gifts
Judge of Third Party Neutral
Supervisory and Subordinate Duties and Liability
Purchase of a new law practice
33. 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.
In house counsel
Promoting Causes Related to the Administration of Justice
Informed Consent
Client Under a Disability
34. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Promoting Causes Related to the Administration of Justice
Time limits of confidentiality
Informed Consent
Information gained through representation
35. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Impropriety and the Appearance of Impropriety
Business transactions with a client
Protecting the Client and Unearned Fees in withdrawal
Implied Authority
36. A lawyer must be candid with the tribunal and not offer evidence that he knows is false. If lawyer learns evidence is false - he shall reveal that to the tribunal unless prohibited by the RPCs. If prohibited - the lawyer shall take reasonable steps t
Solicitation by Direct Mail
Time limits of confidentiality
Client Perjury
Disputes over flat fees
37. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Withdrawal and COI
Nonadjudicative Proceedings
Negotiating for Employment
Solicitation in Person
38. 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
Emergencies
Purchase of a new law practice
Audits and Overdrafts
39. 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.
Expediting Litigation
Client may consent to prospective client conflict
Media rights
Confidentiality Exceptions: Death or substantial Bodily Injury
40. 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
Confidentiality Exception:Protect the Lawyer
Withdrawal Procedure
Confidentiality Exception:Future Crime
Splitting fees
41. If the client is a corporation - the informed consent needs to come from the entity.
Confidentiality Exception:Court Fiduciary
Solicitation in Person
Confidentiality Exception:Protect the Lawyer
Who is the 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
Special Responsibilities of Prosecutors
Gifts
Flat Fees
Contingent fees
43. 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.
Factors of reasonableness
Information relating to the representation
Impropriety and the Appearance of Impropriety
Lawyer's Duties
44. 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.
Potential Conflicts of Interest
Who is the client
Campaigning and Partisan Activity
Firm Names and Designations
45. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Protecting the Client and Unearned Fees in withdrawal
Confirmed in writing
When Disqualification Required
Audits and Overdrafts
46. 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).
Withdrawal Procedure
Nonadjudicative Proceedings
Related lawyers
Firm Names and Designations
47. 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
Withdrawal: Permissive
Diligence
Nonadjudicative Proceedings
Prospective Client Conflict Requirements
48. 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
Client Under a Disability
In house counsel
Duty of Subordinate Lawyers
Trust Account Requirements and Interest
49. 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.
Taking a matter up the ladder
Reciprocity
Withdrawal: Mandatory
Splitting fees
50. 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.
Contingent fees
Discrimination
Informed Consent
Client Under a Disability