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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 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
Purchase of a new law practice
Confidentiality Exception:Protect the Lawyer
Non-lawyer employees
Aiding Unauthorized practice/disbarred Lawyers
2. A lawyer may never use confidential information to the client's disadvantage.
Meretricious and Frivolous Claims
Payment from a third person
Dealing with Third Persons
Information gained through representation
3. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Court order
Specialization and Fields of Practice
Limiting Liability
Confidentiality Exception:Legal Advice
4. A lawyer may reveal information relating to the representation to comply with a court order.
Government service after private employment
Confidentiality Exception:Court order
Financial assistance
Withdrawal Procedure
5. 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.
Business transactions with a client
Organization as client
When representation is not permitted
Client Under a Disability
6. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Duty of Subordinate Lawyers
Candor to the Tribunal and Adverse Legal Authority
Special Rules for Government Personnel
7. 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.
Trial Publicity
Withdrawal: Mandatory
Protecting the Client and Unearned Fees in withdrawal
Withdrawal Procedure
8. 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.
Media rights
Impropriety and the Appearance of Impropriety
Total fee reasonable
Confidentiality Exception:Protect the Lawyer
9. 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.
When representation is permitted
Use by other persons
Allocation of Authority between Lawyer and Client
Should Report Professional Misconduct
10. 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.
Organization as client
Firm Names and Designations
Time limits of confidentiality
Client may consent to prospective client conflict
11. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Protecting the Client and Unearned Fees in withdrawal
Duties re Property of others
Confidentiality Exception:Protect the Lawyer
Should Report Professional Misconduct
12. 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.
Solicitation by Direct Mail
Special Rules for Government Personnel
Associating with Other Counsel
Payment from a third person
13. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Campaigning and Partisan Activity
Encouragement of Pro Bono
Concurrent Conflict of Interest
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
14. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Implied Authority
Time limits of confidentiality
Confirmed in writing
Confidentiality Exception:Court Fiduciary
15. 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
Confidentiality Exception:Legal Advice
Judge of Third Party Neutral
Trial Publicity
16. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Accounts
Financial assistance
Communication
Reciprocity
17. If the client is a corporation - the informed consent needs to come from the entity.
Solicitation in Person
Confidentiality Exception:Protect the Lawyer
Who is the client
Confirmed in writing
18. 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.
General Requirement for Admission to Practice
Attorney Liens
Related lawyers
Associating with Other Counsel
19. 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
Potential Conflicts of Interest
Duty of Subordinate Lawyers
Business transactions with a client
20. 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.
Lawyer as Witness
Withdrawal: Mandatory
Informed Consent
Trial Publicity
21. 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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22. 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
Informed Consent
Withdrawal: Mandatory
Communication
Trust Account Requirements and Interest
23. 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.
Flat Fees
Lawyer as Witness
Time limits of confidentiality
Client Under a Disability
24. 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
Client Under a Disability
Use by other persons
Gifts
Emergencies
25. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Prospective Client Conflict Requirements
Allocation of Authority between Lawyer and Client
Retainers
Lawyer's Duties
26. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Factors of reasonableness
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
In house counsel
Client Under a Disability
27. 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..
General Requirement for Admission to Practice
Purchase of a new law practice
Protecting the Client and Unearned Fees in withdrawal
Confidentiality Exception:Protect the Lawyer
28. 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).
Limiting Liability
Taking a matter up the ladder
When Disqualification Required
Withdrawal Procedure
29. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Confidentiality Exceptions: Death or substantial Bodily Injury
Business transactions with a client
Specialization and Fields of Practice
Reciprocity
30. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Nonadjudicative Proceedings
Solicitation by Direct Mail
Dealing with Third Persons
Physical Evidence
31. 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.
Implied Authority
Use by other persons
Former Clients
Time limits of confidentiality
32. 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
Limiting Liability
Negotiating for Employment
Withdrawal: Permissive
Impropriety and the Appearance of Impropriety
33. 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.
Gifts
Should Report Lawyer and Judicial Misconduct
In house counsel
Firm Names and Designations
34. 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
Client Perjury
Prospective Client Conflict Requirements
Campaigning and Partisan Activity
Pay to Play Prohibited
35. 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.
Lawyer's Duties
Information relating to the representation
Emergencies
Should Report Lawyer and Judicial Misconduct
36. 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
Withdrawal: Mandatory
Splitting fees
Meretricious and Frivolous Claims
Effect of Lawyer's termination with a firm
37. 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.
Specialization and Fields of Practice
Allocation of Authority between Lawyer and Client
Trial Publicity
Imputed Conflicts of interest
38. 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
Should Report Professional Misconduct
Solicitation by Direct Mail
Multijurisdictional Practice
Prospective Client Confidentiality
39. 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.
Former Clients
Client Under a Disability
Contingent fees
Aiding Unauthorized practice/disbarred Lawyers
40. 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
False or Misleading Statements
Impropriety and the Appearance of Impropriety
Reciprocity
Withdrawal: Mandatory
41. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Campaigning and Partisan Activity
Confirmed in writing
Diligence
42. 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.
Withdrawal: Permissive
Withdrawal: Mandatory
Promoting Causes Related to the Administration of Justice
Discrimination
43. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Potential Conflicts of Interest
Withdrawal: Permissive
Audits and Overdrafts
44. 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.
Communication
Physical Evidence
Meretricious and Frivolous Claims
Former Clients
45. 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
Aiding Unauthorized practice/disbarred Lawyers
Sexual relations with a client
Gifts
Special Responsibilities of Prosecutors
46. 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
Duties re Property of others
Potential Conflicts of Interest
Flat Fees
Trial Publicity
47. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Time limits of confidentiality
When representation is permitted
Non-lawyer employees
48. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Implied Authority
Multijurisdictional Practice
Financial assistance
Solicitation by Direct Mail
49. Lawyer may not form partnership with nonlawyers if any part of the business constitutes the practice of law (giving legal advice - drafting legal documents - representing a person in court or other formal proceeding - negotiating legal rights of a pe
Negotiating for Employment
Partnership with nonlawyers
Accounts
Legal Knowledge and Skill
50. Direct mailing is allowed - even targeted mailings.
Expediting Litigation
Prospective Client Conflict Requirements
Solicitation by Direct Mail
Promoting Causes Related to the Administration of Justice