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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. A lawyer may reveal information relating to the representation to inform a tribunal about any client's breach of fiduciary responsibility when the client is serving as a court appointed fiduciary.
Confidentiality Exception:Court Fiduciary
Total fee reasonable
Duties re Property of others
Diligence
2. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Emergencies
Nonadjudicative Proceedings
Withdrawal: Mandatory
Trial Publicity
3. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Diligence
Confidentiality Exception:Protect the Lawyer
Proprietary Interests
4. 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).
Gifts
Withdrawal Procedure
Sexual relations with a client
Diligence
5. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Media rights
Withdrawal: Permissive
Diligence
Financial assistance
6. 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).
Physical Evidence
Confidentiality Exception:Court order
In house counsel
Special Rules for Government Personnel
7. 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
Impermissible Conduct in Litigation
Allocation of Authority between Lawyer and Client
Audits and Overdrafts
Payment from a third person
8. 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
Reciprocity
Impermissible Conduct in Litigation
Gifts
Promoting Causes Related to the Administration of Justice
9. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Imputed Conflicts of interest
Duties re Property of others
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exceptions: Death or substantial Bodily Injury
10. 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.
Purchase of a new law practice
Allocation of Authority between Lawyer and Client
Withdrawal Procedure
Former Clients
11. 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
Government service after private employment
Multijurisdictional Practice
Client property other than money
12. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Dealing with Third Persons
Confidentiality Exception:Court order
Pay to Play Prohibited
Solicitation in Person
13. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Client Perjury
In house counsel
Attorney Liens
Former Clients
14. 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.
Prospective Client Conflict Requirements
Impermissible Conduct in Litigation
Aiding Unauthorized practice/disbarred Lawyers
Candor to the Tribunal and Adverse Legal Authority
15. 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.
Discrimination
Solicitation by Direct Mail
Who is the client
Attorney Liens
16. 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
Client property other than money
Trust Account Requirements and Interest
Confidentiality Exception:Future Crime
Gifts
17. 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
Attorney Liens
Aggregate settlements and pleas
Lawyer as Witness
Candor to the Tribunal and Adverse Legal Authority
18. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Confidentiality Exceptions: Death or substantial Bodily Injury
Client may consent to prospective client conflict
Accounts
Multijurisdictional Practice
19. 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
Joining a firm
Implied Authority
Total fee reasonable
Audits and Overdrafts
20. 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.
Solicitation by Direct Mail
Negotiating for Employment
False or Misleading Statements
Meretricious and Frivolous Claims
21. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exceptions: Death or substantial Bodily Injury
Confidentiality Exception:Future Crime
Withdrawal and COI
Total fee reasonable
22. 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.
Firm Names and Designations
Lawyer's Duties
Client may consent to prospective client conflict
Client Perjury
23. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Limiting Liability
Confidentiality Exception:Court Fiduciary
Protecting the Client and Unearned Fees in withdrawal
Client Perjury
24. 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
Duties re Property of others
Solicitation by Direct Mail
Organization as client
Multijurisdictional Practice
25. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Accounts
Information gained through representation
Solicitation in Person
26. A lawyer is responsible for the actions of nonlegal personnel if the conduct of such persons would be in violation of the RPC if engaged in by the lawyer and the lawyer orders or ratifies the conduct.
Media rights
Physical Evidence
Lawyer's Duties
Non-lawyer employees
27. 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.
Government service after private employment
Aggregate settlements and pleas
In house counsel
Media rights
28. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
General Requirement for Admission to Practice
Communication
Impermissible Conduct in Litigation
Encouragement of Pro Bono
29. 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
Campaigning and Partisan Activity
Factors of reasonableness
Aggregate settlements and pleas
Special Responsibilities of Prosecutors
30. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Imputed Conflicts of interest
Discrimination
Diligence
In house counsel
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.
Organization as client
Total fee reasonable
Expediting Litigation
Information relating to the representation
32. 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.
Confidentiality Exception:Legal Advice
Former Clients
Contingent fees
Should Report Lawyer and Judicial Misconduct
33. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Court order
Confidentiality Exception:Legal Advice
Financial assistance
Business transactions with a client
34. 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
Withdrawal: Permissive
Client Perjury
Special Rules for Government Personnel
35. 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
Partnership with nonlawyers
Candor to the Tribunal and Adverse Legal Authority
In house counsel
Dealing with Third Persons
36. 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
Prospective Client Confidentiality
Protecting the Client and Unearned Fees in withdrawal
Pay to Play Prohibited
Nonadjudicative Proceedings
37. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Confirmed in writing
Impermissible Conduct in Litigation
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Lawyer's Duties
38. 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
Duties re Property of others
Solicitation by Direct Mail
Retainers
Dealing with Third Persons
39. 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.
Partnership with nonlawyers
Non-lawyer employees
Information relating to the representation
Business transactions with a client
40. 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
Media rights
Withdrawal and COI
41. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Dealing with Third Persons
Allocation of Authority between Lawyer and Client
Government service after private employment
Special Rules for Government Personnel
42. A lawyer had a duty to expedite litigation.
Expediting Litigation
Withdrawal: Mandatory
Confidentiality Exception:Future Crime
Contingent fees
43. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
In house counsel
Prospective Client Confidentiality
Associating with Other Counsel
Who is the client
44. 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.
Lawyer as Witness
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Payment from a third person
Duties re Property of others
45. 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
Business transactions with a client
Time limits of confidentiality
Retainers
Impermissible Conduct in Litigation
46. A conflict is not consentable if it involves asserting a claim by one client against another in the same litigation or if it is prohibited by law.
Non-lawyer employees
Special Rules for Government Personnel
When representation is permitted
When representation is not permitted
47. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Duties re Property of others
When representation is not permitted
Meretricious and Frivolous Claims
Solicitation in Person
48. 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.
Campaigning and Partisan Activity
False or Misleading Statements
Withdrawal Procedure
Informed Consent
49. 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
When Disqualification Required
Purchase of a new law practice
Client property other than money
Promoting Causes Related to the Administration of Justice
50. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
General Requirement for Admission to Practice
Imputed Conflicts of interest
Time limits of confidentiality
Reciprocity