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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 judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Confidentiality Exceptions: Death or substantial Bodily Injury
Promoting Causes Related to the Administration of Justice
Nonadjudicative Proceedings
Potential Conflicts of Interest
2. A lawyer shall not charge or collect unreasonable fees or expenses.
Solicitation in Person
Payment from a third person
Dealing with Third Persons
Total fee reasonable
3. A lawyer may reveal information relating to the representation to prevent - mitigate - or rectify substantial injury to the financial or property interests of another that is reasonably certain to result or has resulted where the client has used the
Lawyer's Duties
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Pay to Play Prohibited
Special Rules for Government Personnel
4. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Trust Account Requirements and Interest
Physical Evidence
Encouragement of Pro Bono
Client Under a Disability
5. 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
Confirmed in writing
Meretricious and Frivolous Claims
Multijurisdictional Practice
Lawyer's Duties
6. 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
Expediting Litigation
Dealing with Third Persons
Trust Account Requirements and Interest
7. 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.
Gifts
Nonadjudicative Proceedings
General Requirement for Admission to Practice
Prospective Client Conflict Requirements
8. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Judge of Third Party Neutral
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Protecting the Client and Unearned Fees in withdrawal
9. 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.
Associating with Other Counsel
Should Report Professional Misconduct
Withdrawal: Permissive
Discrimination
10. 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.
Dealing with Third Persons
Nonadjudicative Proceedings
False or Misleading Statements
Lawyer as Witness
11. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Diligence
Dealing with Third Persons
Accounts
12. A lawyer has a duty of confidentiality and loyalty.
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13. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Duty of Subordinate Lawyers
Concurrent Conflict of Interest
Expediting Litigation
Allocation of Authority between Lawyer and Client
14. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Expediting Litigation
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Protect the Lawyer
Imputed Conflicts of interest
15. 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
Prospective Client Confidentiality
Encouragement of Pro Bono
Legal Knowledge and Skill
16. A lawyer had a duty to expedite litigation.
Use by other persons
Expediting Litigation
Associating with Other Counsel
When Disqualification Required
17. 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
Solicitation in Person
Time limits of confidentiality
Impropriety and the Appearance of Impropriety
Specialization and Fields of Practice
18. 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.
Emergencies
Special Rules for Government Personnel
Gifts
Negotiating for Employment
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
Solicitation in Person
Proprietary Interests
Contingent fees
20. 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
Joining a firm
Emergencies
Retainers
In house counsel
21. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Campaigning and Partisan Activity
Negotiating for Employment
Should Report Professional Misconduct
Attorney Liens
22. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Proprietary Interests
Joining a firm
Retainers
23. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Legal Knowledge and Skill
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Expediting Litigation
Solicitation in Person
24. 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
Special Responsibilities of Prosecutors
In house counsel
Special Rules for Government Personnel
25. 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).
Allocation of Authority between Lawyer and Client
Who is the client
Implied Authority
Special Rules for Government Personnel
26. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exceptions: Death or substantial Bodily Injury
Impropriety and the Appearance of Impropriety
Trust Account Requirements and Interest
Solicitation in Person
27. 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.
Confidentiality Exceptions: Death or substantial Bodily Injury
Business transactions with a client
Encouragement of Pro Bono
Trial Publicity
28. 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.
Proprietary Interests
Former Clients
Physical Evidence
Duties re Property of others
29. Lawyers have a duty to expedite litigation - act in a timely manner - and not neglect cases. A lawyer should manage her caseload so there is enough time to effectively represent all her clients.
Retainers
Accounts
Diligence
Prospective Client Confidentiality
30. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Solicitation in Person
Informed Consent
Business transactions with a client
31. 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.
Flat Fees
General Requirement for Admission to Practice
Solicitation by Direct Mail
Specialization and Fields of Practice
32. 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
Splitting fees
Encouragement of Pro Bono
Duty of Subordinate Lawyers
Solicitation in Person
33. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
In house counsel
Lawyer as Witness
Solicitation by Direct Mail
Purchase of a new law practice
34. 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
Imputed Conflicts of interest
When Disqualification Required
Pay to Play Prohibited
35. 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
Factors of reasonableness
Media rights
Duty of Subordinate Lawyers
36. 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
Information gained through representation
Emergencies
Disputes over flat fees
37. 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.
Business transactions with a client
Retainers
Physical Evidence
Withdrawal and COI
38. 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.
General Requirement for Admission to Practice
Withdrawal: Mandatory
Financial assistance
Trial Publicity
39. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
When representation is not permitted
Former Clients
Disputes over flat fees
Meretricious and Frivolous Claims
40. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Limiting Liability
Accounts
Organization as client
Information gained through representation
41. 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
Factors of reasonableness
Financial assistance
Use by other persons
Withdrawal: Permissive
42. 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
Meretricious and Frivolous Claims
Accounts
Potential Conflicts of Interest
Government service after private employment
43. 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
Who is the client
Client Perjury
Attorney Liens
Accounts
44. 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.
Information gained through representation
Campaigning and Partisan Activity
Prospective Client Confidentiality
Contingent fees
45. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Former Clients
Confidentiality Exception:Legal Advice
Related lawyers
Physical Evidence
46. 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.
Former Clients
Use by other persons
Confidentiality Exception:Court Fiduciary
Associating with Other Counsel
47. 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.
Effect of Lawyer's termination with a firm
Should Report Lawyer and Judicial Misconduct
Impermissible Conduct in Litigation
Partnership with nonlawyers
48. 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.
Impermissible Conduct in Litigation
Judge of Third Party Neutral
Effect of Lawyer's termination with a firm
Client property other than money
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).
Withdrawal Procedure
Gifts
Taking a matter up the ladder
Splitting fees
50. Judges should report actual knowledge of lawyer or judge misconduct
Gifts
Confirmed in writing
Should Report Lawyer and Judicial Misconduct
Organization as client