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Professional Responsibility Bar

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 advance money to the client - except for litigation costs which cannot be contingent.






2. 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






3. 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.






4. 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.






5. 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.






6. 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.






7. A lawyer may reveal information relating to the representation to comply with a court order.






8. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.






9. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.






10. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.






11. 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






12. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.






13. 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.






14. In person solicitation is generally prohibited unless there is a pre-existing relationship.






15. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.






16. 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.






17. 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






18. 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






19. A lawyer shall not charge or collect unreasonable fees or expenses.






20. 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.






21. 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






22. 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.






23. 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






24. 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






25. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.






26. 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.






27. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.






28. 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.






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.






30. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.






31. 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






32. 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.






33. 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.






34. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.






35. If the client is a corporation - the informed consent needs to come from the entity.






36. 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.






37. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.






38. 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






39. 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






40. 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.






41. 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.






42. 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






43. 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






44. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.






45. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.






46. 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).






47. 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.






48. 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






49. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.






50. 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..