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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. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Retainers
Client may consent to prospective client conflict
Confidentiality Exception:Court Fiduciary
Audits and Overdrafts
2. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Former Clients
General Requirement for Admission to Practice
Attorney Liens
Informed Consent
3. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Financial assistance
Sexual relations with a client
Imputed Conflicts of interest
4. 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.
Supervisory and Subordinate Duties and Liability
Solicitation by Direct Mail
Concurrent Conflict of Interest
Legal Knowledge and Skill
5. 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
Purchase of a new law practice
Factors of reasonableness
Former Clients
6. 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.
Protecting the Client and Unearned Fees in withdrawal
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Duty of Subordinate Lawyers
Trial Publicity
7. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Lawyer as Witness
Confirmed in writing
Withdrawal Procedure
Physical Evidence
8. 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
Client Under a Disability
Implied Authority
Allocation of Authority between Lawyer and Client
9. A lawyer shall not charge or collect unreasonable fees or expenses.
Total fee reasonable
Confidentiality Exception:Protect the Lawyer
Time limits of confidentiality
Government service after private employment
10. 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).
Flat Fees
Potential Conflicts of Interest
Withdrawal Procedure
Special Rules for Government Personnel
11. 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
Legal Knowledge and Skill
Campaigning and Partisan Activity
Duty of Subordinate Lawyers
Client Perjury
12. 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.
Physical Evidence
Client Perjury
Candor to the Tribunal and Adverse Legal Authority
Lawyer as Witness
13. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Protecting the Client and Unearned Fees in withdrawal
Audits and Overdrafts
Allocation of Authority between Lawyer and Client
Client property other than money
14. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Withdrawal and COI
Confidentiality Exception:Court Fiduciary
Nonadjudicative Proceedings
Aiding Unauthorized practice/disbarred Lawyers
15. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Dealing with Third Persons
Time limits of confidentiality
Financial assistance
Encouragement of Pro Bono
16. 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.
When Disqualification Required
Impermissible Conduct in Litigation
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Aggregate settlements and pleas
17. 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
Withdrawal Procedure
Accounts
Specialization and Fields of Practice
Withdrawal: Permissive
18. 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.
Client property other than money
Campaigning and Partisan Activity
Multijurisdictional Practice
Prospective Client Confidentiality
19. 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
Flat Fees
Trust Account Requirements and Interest
General Requirement for Admission to Practice
Aiding Unauthorized practice/disbarred Lawyers
20. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Firm Names and Designations
Allocation of Authority between Lawyer and Client
Confidentiality Exceptions: Death or substantial Bodily Injury
Confirmed in writing
21. Judges should report actual knowledge of lawyer or judge misconduct
Multijurisdictional Practice
Confidentiality Exception:Protect the Lawyer
Solicitation by Direct Mail
Should Report Lawyer and Judicial Misconduct
22. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Protecting the Client and Unearned Fees in withdrawal
Retainers
Government service after private employment
Client property other than money
23. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Splitting fees
Impropriety and the Appearance of Impropriety
Discrimination
Informed Consent
24. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Organization as client
Encouragement of Pro Bono
Purchase of a new law practice
25. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Lawyer's Duties
Should Report Lawyer and Judicial Misconduct
Use by other persons
Prospective Client Confidentiality
26. Direct mailing is allowed - even targeted mailings.
Sexual relations with a client
Impropriety and the Appearance of Impropriety
Solicitation by Direct Mail
Organization as client
27. 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.
Audits and Overdrafts
Client property other than money
Payment from a third person
Related lawyers
28. 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.
Withdrawal: Permissive
When representation is not permitted
Information relating to the representation
Confirmed in writing
29. 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
Confirmed in writing
Related lawyers
Special Responsibilities of Prosecutors
Business transactions with a client
30. 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.
When representation is permitted
Discrimination
Nonadjudicative Proceedings
Solicitation by Direct Mail
31. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Organization as client
Emergencies
Candor to the Tribunal and Adverse Legal Authority
32. 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
Dealing with Third Persons
Emergencies
Non-lawyer employees
33. 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
Non-lawyer employees
Physical Evidence
Use by other persons
34. 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
Financial assistance
Candor to the Tribunal and Adverse Legal Authority
Taking a matter up the ladder
Confidentiality Exception:Legal Advice
35. 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.
Factors of reasonableness
Aiding Unauthorized practice/disbarred Lawyers
Solicitation by Direct Mail
Specialization and Fields of Practice
36. 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.
Reciprocity
Impropriety and the Appearance of Impropriety
Lawyer's Duties
Withdrawal: Mandatory
37. 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
Legal Knowledge and Skill
Pay to Play Prohibited
Duties re Property of others
Gifts
38. 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
Who is the client
Pay to Play Prohibited
Special Rules for Government Personnel
Business transactions with a client
39. 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
Campaigning and Partisan Activity
Multijurisdictional Practice
Time limits of confidentiality
Prospective Client Conflict Requirements
40. A lawyer had a duty to expedite litigation.
Expediting Litigation
Total fee reasonable
Limiting Liability
Factors of reasonableness
41. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Payment from a third person
Negotiating for Employment
Purchase of a new law practice
Imputed Conflicts of interest
42. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Promoting Causes Related to the Administration of Justice
Confidentiality Exception:Legal Advice
Multijurisdictional Practice
Duty of Subordinate Lawyers
43. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Total fee reasonable
Withdrawal and COI
Implied Authority
44. If the client is a corporation - the informed consent needs to come from the entity.
Client Perjury
Confidentiality Exception:Protect the Lawyer
Who is the client
Dealing with Third Persons
45. 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
Withdrawal Procedure
Government service after private employment
Nonadjudicative Proceedings
46. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Impropriety and the Appearance of Impropriety
Reciprocity
Meretricious and Frivolous Claims
Former Clients
47. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Confidentiality Exception:Legal Advice
Information relating to the representation
Retainers
Dealing with Third Persons
48. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Former Clients
Solicitation in Person
Associating with Other Counsel
Negotiating for Employment
49. 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
Emergencies
Solicitation by Direct Mail
Purchase of a new law practice
Effect of Lawyer's termination with a firm
50. 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.
Withdrawal: Mandatory
Firm Names and Designations
Use by other persons
Sexual relations with a client