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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 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
Time limits of confidentiality
Discrimination
Government service after private employment
Nonadjudicative Proceedings
2. 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).
Effect of Lawyer's termination with a firm
Special Rules for Government Personnel
Lawyer as Witness
Prospective Client Confidentiality
3. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Financial assistance
Impermissible Conduct in Litigation
Duties re Property of others
Confidentiality Exception:Court order
4. 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.
Sexual relations with a client
Retainers
Lawyer's Duties
Aiding Unauthorized practice/disbarred Lawyers
5. 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.
Prospective Client Conflict Requirements
Prospective Client Confidentiality
Aggregate settlements and pleas
Financial assistance
6. A lawyer shall not charge or collect unreasonable fees or expenses.
Splitting fees
Informed Consent
Total fee reasonable
Should Report Lawyer and Judicial Misconduct
7. 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.
Allocation of Authority between Lawyer and Client
Use by other persons
Confidentiality Exception:Protect the Lawyer
Payment from a third person
8. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Implied Authority
Prospective Client Conflict Requirements
Solicitation in Person
Financial assistance
9. 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.
Attorney Liens
Effect of Lawyer's termination with a firm
Accounts
Client may consent to prospective client conflict
10. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Confidentiality Exception:Court order
Physical Evidence
Confidentiality Exception:Court Fiduciary
Limiting Liability
11. 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
Special Rules for Government Personnel
When representation is permitted
Confidentiality Exception:Future Crime
Nonadjudicative Proceedings
12. 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
Sexual relations with a client
Client Perjury
Information relating to the representation
Implied Authority
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.
Partnership with nonlawyers
Gifts
Withdrawal Procedure
Withdrawal: Mandatory
14. 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
Lawyer's Duties
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Judge of Third Party Neutral
15. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Confidentiality Exception:Court Fiduciary
Multijurisdictional Practice
Meretricious and Frivolous Claims
Gifts
16. 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
In house counsel
Withdrawal and COI
Campaigning and Partisan Activity
Purchase of a new law practice
17. 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
Partnership with nonlawyers
Special Responsibilities of Prosecutors
Organization as client
Contingent fees
18. 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
Taking a matter up the ladder
Joining a firm
Nonadjudicative Proceedings
Duty of Subordinate Lawyers
19. A lawyer shall not make a false or misleading statement about the lawyer or his services so as to lead a reasonable person to form an unjustified expectation.
False or Misleading Statements
Use by other persons
Aggregate settlements and pleas
Non-lawyer employees
20. 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
Reciprocity
Legal Knowledge and Skill
Aiding Unauthorized practice/disbarred Lawyers
Judge of Third Party Neutral
21. 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
Legal Knowledge and Skill
When Disqualification Required
Withdrawal and COI
When representation is permitted
22. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Candor to the Tribunal and Adverse Legal Authority
False or Misleading Statements
Client may consent to prospective client conflict
Informed Consent
23. 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
Judge of Third Party Neutral
Trial Publicity
Flat Fees
Splitting fees
24. 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
Disputes over flat fees
Potential Conflicts of Interest
Special Rules for Government Personnel
When Disqualification Required
25. 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.
Client Under a Disability
Promoting Causes Related to the Administration of Justice
Special Rules for Government Personnel
Encouragement of Pro Bono
26. 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.
Use by other persons
Joining a firm
Informed Consent
Proprietary Interests
27. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Impropriety and the Appearance of Impropriety
Solicitation in Person
When representation is not permitted
Encouragement of Pro Bono
28. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Lawyer's Duties
Confidentiality Exception:Future Crime
Communication
Time limits of confidentiality
29. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Withdrawal: Mandatory
Lawyer as Witness
Retainers
Protecting the Client and Unearned Fees in withdrawal
30. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Special Rules for Government Personnel
When representation is permitted
Emergencies
Duties re Property of others
31. 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.
Lawyer as Witness
Reciprocity
Financial assistance
Organization as client
32. 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.
Solicitation by Direct Mail
Confidentiality Exception:Court order
Associating with Other Counsel
Discrimination
33. 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
Duties re Property of others
Confidentiality Exception:Protect the Lawyer
Client Perjury
34. 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
Expediting Litigation
Confirmed in writing
Diligence
35. The purchase of a law practice is allowed if: entire practice is sold - seller gives clients notice that includes a statement that the client has the right to obtain other counsel and transfer will be presumed if client does not object within 90 days
Withdrawal: Mandatory
Informed Consent
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Purchase of a new law practice
36. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Imputed Conflicts of interest
Aggregate settlements and pleas
Disputes over flat fees
Business transactions with a client
37. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Confidentiality Exception:Legal Advice
Organization as client
Promoting Causes Related to the Administration of Justice
Confidentiality Exception:Court Fiduciary
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
Reciprocity
Candor to the Tribunal and Adverse Legal Authority
Prospective Client Confidentiality
Aggregate settlements and pleas
39. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Client Perjury
Concurrent Conflict of Interest
Specialization and Fields of Practice
40. 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
Judge of Third Party Neutral
Pay to Play Prohibited
Prospective Client Confidentiality
41. 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
Financial assistance
General Requirement for Admission to Practice
Potential Conflicts of Interest
42. A lawyer has a duty of confidentiality and loyalty.
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43. 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.
Purchase of a new law practice
Prospective Client Confidentiality
Related lawyers
Solicitation by Direct Mail
44. 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
Non-lawyer employees
When representation is permitted
Splitting fees
Government service after private employment
45. 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.
Withdrawal and COI
Campaigning and Partisan Activity
Lawyer as Witness
Media rights
46. 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
Imputed Conflicts of interest
Purchase of a new law practice
Allocation of Authority between Lawyer and Client
47. 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..
Supervisory and Subordinate Duties and Liability
Flat Fees
Communication
Confidentiality Exception:Protect the Lawyer
48. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Communication
Pay to Play Prohibited
Nonadjudicative Proceedings
Solicitation in Person
49. 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).
Solicitation by Direct Mail
Withdrawal Procedure
Associating with Other Counsel
Taking a matter up the ladder
50. 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.
Meretricious and Frivolous Claims
Specialization and Fields of Practice
When representation is not permitted
Contingent fees