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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. 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
Trust Account Requirements and Interest
Special Responsibilities of Prosecutors
Business transactions with a client
Allocation of Authority between Lawyer and Client
2. 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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3. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Informed Consent
Purchase of a new law practice
When representation is not permitted
4. 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
Supervisory and Subordinate Duties and Liability
Dealing with Third Persons
Confidentiality Exceptions: Death or substantial Bodily Injury
Time limits of confidentiality
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
Negotiating for Employment
Diligence
Supervisory and Subordinate Duties and Liability
Should Report Professional Misconduct
6. 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.
Implied Authority
Aggregate settlements and pleas
Information relating to the representation
Business transactions with a client
7. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Encouragement of Pro Bono
Attorney Liens
Multijurisdictional Practice
Judge of Third Party Neutral
8. 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.
Multijurisdictional Practice
Concurrent Conflict of Interest
Special Rules for Government Personnel
Legal Knowledge and Skill
9. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Disputes over flat fees
Withdrawal: Mandatory
Discrimination
Contingent fees
10. 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
Purchase of a new law practice
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Retainers
11. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Should Report Professional Misconduct
Dealing with Third Persons
Reciprocity
Factors of reasonableness
12. 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
Purchase of a new law practice
Discrimination
Meretricious and Frivolous Claims
Potential Conflicts of Interest
13. 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.
Nonadjudicative Proceedings
Negotiating for Employment
Expediting Litigation
Special Rules for Government Personnel
14. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Disputes over flat fees
Related lawyers
Should Report Professional Misconduct
Duties re Property of others
15. 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.
Negotiating for Employment
Duties re Property of others
Supervisory and Subordinate Duties and Liability
Client property other than money
16. 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.
Former Clients
Government service after private employment
Duty of Subordinate Lawyers
Proprietary Interests
17. 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.
Effect of Lawyer's termination with a firm
Supervisory and Subordinate Duties and Liability
Organization as client
Withdrawal: Mandatory
18. 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.
Aggregate settlements and pleas
Discrimination
Expediting Litigation
Confidentiality Exception:Legal Advice
19. Direct mailing is allowed - even targeted mailings.
General Requirement for Admission to Practice
Expediting Litigation
Withdrawal Procedure
Solicitation by Direct Mail
20. 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.
Duties re Property of others
Specialization and Fields of Practice
Accounts
Information gained through representation
21. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Diligence
Audits and Overdrafts
Concurrent Conflict of Interest
22. 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
Specialization and Fields of Practice
Confidentiality Exception:Court Fiduciary
Flat Fees
Client Perjury
23. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Dealing with Third Persons
Withdrawal and COI
Government service after private employment
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
24. 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
Impermissible Conduct in Litigation
Associating with Other Counsel
Non-lawyer employees
25. 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
Information gained through representation
Withdrawal: Permissive
Should Report Lawyer and Judicial Misconduct
Promoting Causes Related to the Administration of Justice
26. 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
False or Misleading Statements
Promoting Causes Related to the Administration of Justice
Lawyer's Duties
Factors of reasonableness
27. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Solicitation in Person
Trial Publicity
Impropriety and the Appearance of Impropriety
Withdrawal: Permissive
28. 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
Emergencies
Firm Names and Designations
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Total fee reasonable
29. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Financial assistance
Reciprocity
In house counsel
When representation is permitted
30. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Campaigning and Partisan Activity
Discrimination
Implied Authority
Dealing with Third Persons
31. 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
Sexual relations with a client
Prospective Client Conflict Requirements
Solicitation in Person
Media rights
32. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Nonadjudicative Proceedings
Former Clients
Pay to Play Prohibited
Promoting Causes Related to the Administration of Justice
33. 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.
When representation is permitted
Related lawyers
Factors of reasonableness
Confidentiality Exception:Future Crime
34. If the client is a corporation - the informed consent needs to come from the entity.
Who is the client
Client Perjury
Client Under a Disability
Limiting Liability
35. 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
Splitting fees
Aggregate settlements and pleas
Time limits of confidentiality
Gifts
36. 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
Special Rules for Government Personnel
Impermissible Conduct in Litigation
Solicitation in Person
When Disqualification Required
37. 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.
Nonadjudicative Proceedings
Promoting Causes Related to the Administration of Justice
Aggregate settlements and pleas
Use by other persons
38. 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.
Should Report Professional Misconduct
Nonadjudicative Proceedings
Payment from a third person
False or Misleading Statements
39. A firm account is for funds belonging to the lawyer or law firm - and an interest-bearing trust account is for funds belonging to the client. There must be no commingling of funds.
In house counsel
Accounts
Concurrent Conflict of Interest
Proprietary Interests
40. A lawyer may share information relating to the representation with: employees and firm members - disclosure is necessary for administrative purposes; and for evaluation for use by third persons.
Use by other persons
When Disqualification Required
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Aiding Unauthorized practice/disbarred Lawyers
41. 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
Related lawyers
Attorney Liens
Aiding Unauthorized practice/disbarred Lawyers
42. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Client Under a Disability
Associating with Other Counsel
Attorney Liens
Factors of reasonableness
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
Reciprocity
Implied Authority
Audits and Overdrafts
44. 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.
Solicitation by Direct Mail
Potential Conflicts of Interest
Duty of Subordinate Lawyers
Proprietary Interests
45. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Court Fiduciary
Contingent fees
Special Rules for Government Personnel
46. A lawyer had a duty to expedite litigation.
Information relating to the representation
Expediting Litigation
Use by other persons
When representation is permitted
47. 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
Negotiating for Employment
Communication
Judge of Third Party Neutral
Prospective Client Conflict Requirements
48. 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
Time limits of confidentiality
Retainers
Media rights
49. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Confidentiality Exception:Court Fiduciary
Meretricious and Frivolous Claims
Confirmed in writing
Information gained through representation
50. A lawyer has a duty of confidentiality and loyalty.
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