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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. 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.
Withdrawal: Permissive
Gifts
Prospective Client Conflict Requirements
Contingent fees
2. A lawyer may never use confidential information to the client's disadvantage.
Confidentiality Exception:Future Crime
Information gained through representation
Business transactions with a client
Contingent fees
3. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Non-lawyer employees
Allocation of Authority between Lawyer and Client
Duties re Property of others
Confidentiality Exception:Protect the Lawyer
4. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Contingent fees
Media rights
Informed Consent
Financial assistance
5. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Audits and Overdrafts
Limiting Liability
Disputes over flat fees
Prospective Client Confidentiality
6. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Negotiating for Employment
Prospective Client Confidentiality
Solicitation by Direct Mail
Specialization and Fields of Practice
7. 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
Limiting Liability
Judge of Third Party Neutral
When representation is permitted
Meretricious and Frivolous Claims
8. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Aiding Unauthorized practice/disbarred Lawyers
Proprietary Interests
Withdrawal and COI
Solicitation in Person
9. 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
Allocation of Authority between Lawyer and Client
Use by other persons
Confidentiality Exception:Court Fiduciary
10. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Negotiating for Employment
Duties re Property of others
Legal Knowledge and Skill
Dealing with Third Persons
11. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Encouragement of Pro Bono
Disputes over flat fees
Duties re Property of others
Negotiating for Employment
12. A lawyer may reveal information relating to the representation to comply with a court order.
Encouragement of Pro Bono
Communication
Confidentiality Exception:Court order
Client Perjury
13. 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.
Should Report Professional Misconduct
Duties re Property of others
Prospective Client Confidentiality
Specialization and Fields of Practice
14. 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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15. 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
Diligence
Trust Account Requirements and Interest
Confidentiality Exception:Protect the Lawyer
Prospective Client Conflict Requirements
16. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Prospective Client Conflict Requirements
Emergencies
Accounts
Special Responsibilities of Prosecutors
17. A lawyer shall not charge or collect unreasonable fees or expenses.
Prospective Client Conflict Requirements
Splitting fees
Proprietary Interests
Total fee reasonable
18. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Confidentiality Exception:Legal Advice
Media rights
In house counsel
Multijurisdictional Practice
19. A lawyer or law firm shall not accept a governmental legal engagement or an appointment by a judge id the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining the appointment or engagement
When Disqualification Required
Supervisory and Subordinate Duties and Liability
Pay to Play Prohibited
Contingent fees
20. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Lawyer as Witness
Information relating to the representation
Campaigning and Partisan Activity
Solicitation in Person
21. 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
Business transactions with a client
Potential Conflicts of Interest
Multijurisdictional Practice
Splitting fees
22. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Imputed Conflicts of interest
Expediting Litigation
Gifts
23. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Protecting the Client and Unearned Fees in withdrawal
Trial Publicity
Solicitation by Direct Mail
Withdrawal Procedure
24. 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).
Dealing with Third Persons
Business transactions with a client
Confirmed in writing
Withdrawal Procedure
25. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Dealing with Third Persons
Splitting fees
Government service after private employment
Allocation of Authority between Lawyer and Client
26. 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.
When representation is not permitted
Pay to Play Prohibited
When representation is permitted
Trial Publicity
27. 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
Impermissible Conduct in Litigation
Aiding Unauthorized practice/disbarred Lawyers
Firm Names and Designations
28. 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..
Multijurisdictional Practice
Confidentiality Exception:Protect the Lawyer
Business transactions with a client
Sexual relations with a client
29. 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.
Disputes over flat fees
Impermissible Conduct in Litigation
Expediting Litigation
Client may consent to prospective client conflict
30. 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.
Lawyer's Duties
Withdrawal: Permissive
Business transactions with a client
Legal Knowledge and Skill
31. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
False or Misleading Statements
Should Report Professional Misconduct
Physical Evidence
32. 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.
Impropriety and the Appearance of Impropriety
Time limits of confidentiality
Sexual relations with a client
Who is the client
33. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Promoting Causes Related to the Administration of Justice
Taking a matter up the ladder
Trust Account Requirements and Interest
34. 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
Expediting Litigation
Supervisory and Subordinate Duties and Liability
Discrimination
35. 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.
Client may consent to prospective client conflict
Accounts
Discrimination
Splitting fees
36. 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
Confidentiality Exception:Court Fiduciary
Organization as client
Emergencies
37. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
False or Misleading Statements
Sexual relations with a client
Disputes over flat fees
Reciprocity
38. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Prospective Client Conflict Requirements
Implied Authority
Information relating to the representation
39. 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
Information gained through representation
Implied Authority
Multijurisdictional Practice
Diligence
40. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Should Report Professional Misconduct
Audits and Overdrafts
Accounts
Nonadjudicative Proceedings
41. 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
Related lawyers
Audits and Overdrafts
Factors of reasonableness
Meretricious and Frivolous Claims
42. 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
Judge of Third Party Neutral
Attorney Liens
Dealing with Third Persons
43. 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
Time limits of confidentiality
Trial Publicity
Organization as client
44. Judge must avoid impropriety and the appearance of impropriety - no ex parte contact - no taking gifts - limited public comment about pending cases - no court experts except with notice to the parties - no use of confidential information obtained as
Impropriety and the Appearance of Impropriety
Confidentiality Exception:Legal Advice
Physical Evidence
Client property other than money
45. 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.
Client Perjury
Physical Evidence
Flat Fees
Reciprocity
46. Direct mailing is allowed - even targeted mailings.
False or Misleading Statements
Firm Names and Designations
Withdrawal: Mandatory
Solicitation by Direct Mail
47. 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 in Person
Associating with Other Counsel
Discrimination
Protecting the Client and Unearned Fees in withdrawal
48. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Client may consent to prospective client conflict
Time limits of confidentiality
When representation is permitted
Sexual relations with a client
49. A lawyer had a duty to expedite litigation.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Potential Conflicts of Interest
Expediting Litigation
Withdrawal: Permissive
50. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Should Report Lawyer and Judicial Misconduct
Specialization and Fields of Practice
False or Misleading Statements