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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. 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
Trust Account Requirements and Interest
Encouragement of Pro Bono
Business transactions with a client
Associating with Other Counsel
2. 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
Client may consent to prospective client conflict
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Disputes over flat fees
Concurrent Conflict of Interest
3. A lawyer shall not represent a client in a matter directly adverse to a client represented by a related lawyer - unless client gives informed written consent and the representation is not a concurrent conflict.
Prospective Client Confidentiality
Allocation of Authority between Lawyer and Client
Dealing with Third Persons
Related lawyers
4. 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.
Time limits of confidentiality
Specialization and Fields of Practice
Prospective Client Confidentiality
Confidentiality Exception:Court Fiduciary
5. 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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6. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Implied Authority
False or Misleading Statements
Purchase of a new law practice
7. 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
Discrimination
Protecting the Client and Unearned Fees in withdrawal
Special Rules for Government Personnel
Gifts
8. 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
Multijurisdictional Practice
Judge of Third Party Neutral
Effect of Lawyer's termination with a firm
Emergencies
9. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Lawyer's Duties
Associating with Other Counsel
Joining a firm
Duties re Property of others
10. 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
Joining a firm
Expediting Litigation
Multijurisdictional Practice
Confidentiality Exception:Legal Advice
11. 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.
When representation is permitted
Use by other persons
Sexual relations with a client
In house counsel
12. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Special Responsibilities of Prosecutors
Withdrawal and COI
Information gained through representation
Client Under a Disability
13. 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
Flat Fees
General Requirement for Admission to Practice
Should Report Professional Misconduct
Specialization and Fields of Practice
14. 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
Former Clients
Time limits of confidentiality
Protecting the Client and Unearned Fees in withdrawal
Meretricious and Frivolous Claims
15. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Special Responsibilities of Prosecutors
Aggregate settlements and pleas
Effect of Lawyer's termination with a firm
Meretricious and Frivolous Claims
16. 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
Accounts
Judge of Third Party Neutral
Partnership with nonlawyers
17. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Impropriety and the Appearance of Impropriety
Confidentiality Exception:Future Crime
Promoting Causes Related to the Administration of Justice
Flat Fees
18. 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
Duty of Subordinate Lawyers
Withdrawal Procedure
Firm Names and Designations
19. 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.
Disputes over flat fees
Withdrawal: Permissive
Negotiating for Employment
Should Report Professional Misconduct
20. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Client Under a Disability
Special Responsibilities of Prosecutors
Confirmed in writing
21. 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
Protecting the Client and Unearned Fees in withdrawal
Flat Fees
Retainers
Impermissible Conduct in Litigation
22. A lawyer shall not charge or collect unreasonable fees or expenses.
Total fee reasonable
Attorney Liens
Implied Authority
Candor to the Tribunal and Adverse Legal Authority
23. 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.
Information relating to the representation
Splitting fees
Discrimination
Media rights
24. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Should Report Professional Misconduct
Expediting Litigation
Confidentiality Exceptions: Death or substantial Bodily Injury
Factors of reasonableness
25. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Solicitation in Person
Client may consent to prospective client conflict
Information gained through representation
Related lawyers
26. Partners and supervisory lawyers shall make reasonable efforts to ensure that the firm and all lawyers and nonlawyers in the firm comply with the RPCs. A lawyer is responsible for another lawyer's violation of the RPCs if the lawyer orders or with sp
Total fee reasonable
Accounts
Supervisory and Subordinate Duties and Liability
Should Report Professional Misconduct
27. 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.
Use by other persons
Imputed Conflicts of interest
Campaigning and Partisan Activity
Former Clients
28. A lawyer had a duty to expedite litigation.
Confidentiality Exceptions: Death or substantial Bodily Injury
Expediting Litigation
Discrimination
Trust Account Requirements and Interest
29. 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.
Organization as client
Solicitation by Direct Mail
Use by other persons
Confidentiality Exception:Court order
30. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Withdrawal and COI
Joining a firm
Duties re Property of others
Aiding Unauthorized practice/disbarred 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
Factors of reasonableness
Contingent fees
When Disqualification Required
Financial assistance
32. 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.
Financial assistance
Diligence
Expediting Litigation
Encouragement of Pro Bono
33. 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.
Solicitation in Person
Client Under a Disability
Client may consent to prospective client conflict
Payment from a third person
34. A lawyer has a duty of confidentiality and loyalty.
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35. 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.
Impermissible Conduct in Litigation
Non-lawyer employees
Effect of Lawyer's termination with a firm
Dealing with Third Persons
36. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Supervisory and Subordinate Duties and Liability
Government service after private employment
Confidentiality Exception:Protect the Lawyer
Limiting Liability
37. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
When representation is permitted
Implied Authority
Attorney Liens
Information relating to the representation
38. 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
Legal Knowledge and Skill
Former Clients
Business transactions with a client
Taking a matter up the ladder
39. 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
Confirmed in writing
Withdrawal: Permissive
Impropriety and the Appearance of Impropriety
General Requirement for Admission to Practice
40. 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
Retainers
Confidentiality Exceptions: Death or substantial Bodily Injury
Partnership with nonlawyers
41. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
In house counsel
Implied Authority
Firm Names and Designations
Emergencies
42. 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
Confidentiality Exception:Future Crime
Who is the client
Client Under a Disability
43. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Special Rules for Government Personnel
Judge of Third Party Neutral
Client Perjury
Allocation of Authority between Lawyer and Client
44. 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
Total fee reasonable
Time limits of confidentiality
Potential Conflicts of Interest
Duty of Subordinate Lawyers
45. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Trust Account Requirements and Interest
Potential Conflicts of Interest
Emergencies
Protecting the Client and Unearned Fees in withdrawal
46. Direct mailing is allowed - even targeted mailings.
Dealing with Third Persons
Solicitation by Direct Mail
Client Perjury
Special Responsibilities of Prosecutors
47. 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
Legal Knowledge and Skill
Flat Fees
Supervisory and Subordinate Duties and Liability
48. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Court order
Former Clients
Confidentiality Exception:Legal Advice
When representation is permitted
49. 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
When representation is permitted
Impermissible Conduct in Litigation
Prospective Client Confidentiality
50. 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 and COI
Government service after private employment
Contingent fees
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