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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. 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
Aiding Unauthorized practice/disbarred Lawyers
Who is the client
Campaigning and Partisan Activity
Payment from a third person
2. A flat fee is a charge by the lawyer which constitutes complete payment for specified legal services. Flat fee agreements must be in writing and include: scope of services to be provided; total amount of fee and terms of payment; fee is the lawyer's
Effect of Lawyer's termination with a firm
Flat Fees
Encouragement of Pro Bono
Diligence
3. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Related lawyers
Nonadjudicative Proceedings
In house counsel
Confidentiality Exception:Future Crime
4. 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: Mandatory
Information relating to the representation
Business transactions with a client
Aggregate settlements and pleas
5. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Withdrawal Procedure
Prospective Client Confidentiality
Allocation of Authority between Lawyer and Client
Reciprocity
6. 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
Discrimination
When Disqualification Required
Physical Evidence
7. 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).
Reciprocity
When Disqualification Required
Withdrawal Procedure
Lawyer as Witness
8. 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
In house counsel
When representation is permitted
Impropriety and the Appearance of Impropriety
Withdrawal: Mandatory
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.
Use by other persons
Joining a firm
Judge of Third Party Neutral
Information relating to the representation
10. 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
Taking a matter up the ladder
Potential Conflicts of Interest
Joining a firm
Payment from a third person
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
Withdrawal and COI
Contingent fees
Expediting Litigation
12. 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
Diligence
When Disqualification Required
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Joining a firm
13. 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.
Allocation of Authority between Lawyer and Client
General Requirement for Admission to Practice
Media rights
Effect of Lawyer's termination with a firm
14. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Former Clients
Duties re Property of others
Retainers
Dealing with Third Persons
15. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Trust Account Requirements and Interest
Informed Consent
Payment from a third person
16. If the client is a corporation - the informed consent needs to come from the entity.
Client Under a Disability
Who is the client
Audits and Overdrafts
Effect of Lawyer's termination with a firm
17. 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
Potential Conflicts of Interest
Special Responsibilities of Prosecutors
Time limits of confidentiality
General Requirement for Admission to Practice
18. 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
General Requirement for Admission to Practice
Expediting Litigation
Government service after private employment
Partnership with nonlawyers
19. 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.
When representation is not permitted
Time limits of confidentiality
Total fee reasonable
Effect of Lawyer's termination with a firm
20. 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
Contingent fees
Impropriety and the Appearance of Impropriety
Withdrawal and COI
21. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Gifts
Confirmed in writing
Client may consent to prospective client conflict
22. A lawyer has a duty of confidentiality and loyalty.
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23. 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
Lawyer's Duties
Aggregate settlements and pleas
Allocation of Authority between Lawyer and Client
24. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Dealing with Third Persons
When representation is permitted
Confidentiality Exception:Court Fiduciary
Confidentiality Exception:Legal Advice
25. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Media rights
Should Report Lawyer and Judicial Misconduct
In house counsel
Expediting Litigation
26. 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.
Lawyer as Witness
Confidentiality Exception:Court order
Specialization and Fields of Practice
Confidentiality Exception:Future Crime
27. 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.
Lawyer as Witness
Confidentiality Exceptions: Death or substantial Bodily Injury
Confidentiality Exception:Future Crime
Organization as client
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.
Lawyer's Duties
Proprietary Interests
Contingent fees
Related lawyers
29. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Attorney Liens
When representation is permitted
Potential Conflicts of Interest
Meretricious and Frivolous Claims
30. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Splitting fees
Flat Fees
Disputes over flat fees
Related lawyers
31. 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
Encouragement of Pro Bono
Limiting Liability
Allocation of Authority between Lawyer and Client
Factors of reasonableness
32. 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
Prospective Client Conflict Requirements
Non-lawyer employees
Firm Names and Designations
33. 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
Impermissible Conduct in Litigation
Trust Account Requirements and Interest
Allocation of Authority between Lawyer and Client
Who is the client
34. 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
Attorney Liens
False or Misleading Statements
When Disqualification Required
Audits and Overdrafts
35. 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
Multijurisdictional Practice
Prospective Client Conflict Requirements
Media rights
Should Report Professional Misconduct
36. 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).
Confidentiality Exceptions: Death or substantial Bodily Injury
Should Report Professional Misconduct
Client Perjury
Special Rules for Government Personnel
37. 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.
Effect of Lawyer's termination with a firm
Client may consent to prospective client conflict
Non-lawyer employees
Confidentiality Exception:Legal Advice
38. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Purchase of a new law practice
Partnership with nonlawyers
Confidentiality Exceptions: Death or substantial Bodily Injury
Negotiating for Employment
39. 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
Duties re Property of others
Factors of reasonableness
Client property other than money
40. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Sexual relations with a client
Solicitation by Direct Mail
Client may consent to prospective client conflict
41. 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.
Negotiating for Employment
Reciprocity
Trial Publicity
Non-lawyer employees
42. A lawyer may never use confidential information to the client's disadvantage.
When representation is not permitted
Media rights
Confidentiality Exceptions: Death or substantial Bodily Injury
Information gained through representation
43. 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.
Purchase of a new law practice
Firm Names and Designations
Trial Publicity
Special Rules for Government Personnel
44. 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.
Financial assistance
Client Perjury
Confidentiality Exception:Protect the Lawyer
Client Under a Disability
45. 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
Contingent fees
Withdrawal: Permissive
Implied Authority
Total fee reasonable
46. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Confidentiality Exception:Protect the Lawyer
Meretricious and Frivolous Claims
Implied Authority
Flat Fees
47. Judges should report actual knowledge of lawyer or judge misconduct
Special Responsibilities of Prosecutors
In house counsel
Aggregate settlements and pleas
Should Report Lawyer and Judicial Misconduct
48. 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
Use by other persons
Concurrent Conflict of Interest
Sexual relations with a client
Gifts
49. 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
Trust Account Requirements and Interest
Legal Knowledge and Skill
Information gained through representation
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
50. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Meretricious and Frivolous Claims
Solicitation in Person
Informed Consent
Dealing with Third Persons