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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. 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
Total fee reasonable
Multijurisdictional Practice
Joining a firm
Nonadjudicative Proceedings
2. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Government service after private employment
Confidentiality Exceptions: Death or substantial Bodily Injury
Expediting Litigation
Diligence
3. 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.
Concurrent Conflict of Interest
Special Rules for Government Personnel
Sexual relations with a client
Former Clients
4. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Special Responsibilities of Prosecutors
Audits and Overdrafts
5. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Trial Publicity
Impropriety and the Appearance of Impropriety
False or Misleading Statements
Attorney Liens
6. A lawyers must always abide by the RPCs. If a lawyer is asked to do something by a supervisor - the lawyer does not violate the RPCs if the lawyer acts in accordance with the supervisor's reasonable resolution of an arguable question of professional
Duty of Subordinate Lawyers
Promoting Causes Related to the Administration of Justice
Associating with Other Counsel
Special Responsibilities of Prosecutors
7. 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
Concurrent Conflict of Interest
Proprietary Interests
Campaigning and Partisan Activity
Pay to Play Prohibited
8. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Meretricious and Frivolous Claims
Limiting Liability
Aiding Unauthorized practice/disbarred Lawyers
Candor to the Tribunal and Adverse Legal Authority
9. 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
Impropriety and the Appearance of Impropriety
When representation is permitted
Confidentiality Exceptions: Death or substantial Bodily Injury
Special Rules for Government Personnel
10. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Time limits of confidentiality
Pay to Play Prohibited
Government service after private employment
Client property other than money
11. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Discrimination
Specialization and Fields of Practice
Concurrent Conflict of Interest
12. 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.
Audits and Overdrafts
Trial Publicity
Candor to the Tribunal and Adverse Legal Authority
Withdrawal: Permissive
13. A lawyer may reveal information relating to the representation to comply with a court order.
Multijurisdictional Practice
Specialization and Fields of Practice
Confidentiality Exception:Court order
Prospective Client Confidentiality
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.
Concurrent Conflict of Interest
Lawyer as Witness
Time limits of confidentiality
Confirmed in writing
15. 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
Trust Account Requirements and Interest
When representation is not permitted
Retainers
Former Clients
16. 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.
Dealing with Third Persons
Specialization and Fields of Practice
Special Rules for Government Personnel
Impermissible Conduct in Litigation
17. A lawyer must not take a matter the lawyer is not competent to handle unless the lawyer can become competent without unreasonable expense or delay to the client.
Meretricious and Frivolous Claims
Duties re Property of others
Use by other persons
Legal Knowledge and Skill
18. 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
Special Responsibilities of Prosecutors
Effect of Lawyer's termination with a firm
Media rights
Expediting Litigation
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.
Attorney Liens
Reciprocity
When representation is not permitted
Limiting Liability
20. 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.
Aggregate settlements and pleas
Related lawyers
Emergencies
Encouragement of Pro Bono
21. 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.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Aggregate settlements and pleas
Payment from a third person
Should Report Professional Misconduct
22. 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
Organization as client
Allocation of Authority between Lawyer and Client
Information relating to the representation
Client Perjury
23. 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..
Lawyer as Witness
Audits and Overdrafts
Retainers
Confidentiality Exception:Protect the Lawyer
24. 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).
Accounts
When representation is not permitted
False or Misleading Statements
Special Rules for Government Personnel
25. A lawyer had a duty to expedite litigation.
Implied Authority
Allocation of Authority between Lawyer and Client
Expediting Litigation
Time limits of confidentiality
26. 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
Sexual relations with a client
Withdrawal: Permissive
Withdrawal Procedure
27. 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
Trust Account Requirements and Interest
Candor to the Tribunal and Adverse Legal Authority
Information gained through representation
Taking a matter up the ladder
28. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Promoting Causes Related to the Administration of Justice
Attorney Liens
Confidentiality Exception:Court Fiduciary
Client Under a Disability
29. A lawyer may never use confidential information to the client's disadvantage.
Confidentiality Exception:Legal Advice
Information gained through representation
General Requirement for Admission to Practice
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
30. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Communication
Concurrent Conflict of Interest
Client may consent to prospective client conflict
Client property other than money
31. 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
Solicitation in Person
Campaigning and Partisan Activity
Potential Conflicts of Interest
Pay to Play Prohibited
32. 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.
Confirmed in writing
Specialization and Fields of Practice
Disputes over flat fees
Confidentiality Exception:Future Crime
33. 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.
Trust Account Requirements and Interest
Potential Conflicts of Interest
Encouragement of Pro Bono
Lawyer as Witness
34. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Who is the client
Total fee reasonable
Confidentiality Exception:Legal Advice
Payment from a third person
35. 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
Associating with Other Counsel
Proprietary Interests
Promoting Causes Related to the Administration of Justice
Splitting fees
36. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Diligence
Negotiating for Employment
Trial Publicity
37. 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.
Withdrawal: Mandatory
Specialization and Fields of Practice
When Disqualification Required
Negotiating for Employment
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
Duty of Subordinate Lawyers
Encouragement of Pro Bono
Taking a matter up the ladder
Lawyer as Witness
39. A lawyer has a duty of confidentiality and loyalty.
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40. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
In house counsel
Impermissible Conduct in Litigation
Promoting Causes Related to the Administration of Justice
Information gained through representation
41. 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.
Confirmed in writing
Solicitation in Person
Trial Publicity
Former Clients
42. 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.
Accounts
Contingent fees
In house counsel
Potential Conflicts of Interest
43. 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
Withdrawal Procedure
Flat Fees
Duties re Property of others
Special Responsibilities of Prosecutors
44. A lawyer shall not charge or collect unreasonable fees or expenses.
Total fee reasonable
Negotiating for Employment
Lawyer's Duties
Meretricious and Frivolous Claims
45. 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.
Effect of Lawyer's termination with a firm
Use by other persons
Protecting the Client and Unearned Fees in withdrawal
Time limits of confidentiality
46. 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
Confidentiality Exception:Protect the Lawyer
Purchase of a new law practice
In house counsel
Impropriety and the Appearance of Impropriety
47. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Promoting Causes Related to the Administration of Justice
Should Report Lawyer and Judicial Misconduct
Reciprocity
Confirmed in writing
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.
Multijurisdictional Practice
Reciprocity
False or Misleading Statements
Firm Names and Designations
49. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Should Report Lawyer and Judicial Misconduct
Disputes over flat fees
Implied Authority
Promoting Causes Related to the Administration of Justice
50. 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
Trust Account Requirements and Interest
Who is the client
Withdrawal: Permissive