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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 associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Prospective Client Conflict Requirements
Associating with Other Counsel
Promoting Causes Related to the Administration of Justice
Joining a firm
2. 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:Future Crime
Purchase of a new law practice
Communication
Multijurisdictional Practice
3. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Use by other persons
Reciprocity
Purchase of a new law practice
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.
Nonadjudicative Proceedings
Business transactions with a client
Negotiating for Employment
Specialization and Fields of Practice
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.
Aiding Unauthorized practice/disbarred Lawyers
Attorney Liens
Joining a firm
Discrimination
6. A lawyer may reveal information relating to the representation to comply with a court order.
Implied Authority
Associating with Other Counsel
When Disqualification Required
Confidentiality Exception:Court order
7. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Impropriety and the Appearance of Impropriety
Confidentiality Exception:Legal Advice
Prospective Client Confidentiality
Duty of Subordinate Lawyers
8. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Potential Conflicts of Interest
Allocation of Authority between Lawyer and Client
Withdrawal and COI
Confidentiality Exception:Legal Advice
9. 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
Attorney Liens
Campaigning and Partisan Activity
Retainers
Flat Fees
10. 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
Financial assistance
Attorney Liens
Lawyer as Witness
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
11. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Media rights
Campaigning and Partisan Activity
Confidentiality Exception:Legal Advice
Time limits of confidentiality
12. 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
Pay to Play Prohibited
Confidentiality Exception:Court order
Lawyer's Duties
Taking a matter up the ladder
13. 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
Judge of Third Party Neutral
Who is the client
Reciprocity
Former Clients
14. 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
Confidentiality Exception:Legal Advice
Duty of Subordinate Lawyers
Withdrawal: Permissive
Specialization and Fields of Practice
15. 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.
Confirmed in writing
Non-lawyer employees
Solicitation in Person
Former Clients
16. 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.
Special Rules for Government Personnel
Withdrawal: Mandatory
Withdrawal: Permissive
Candor to the Tribunal and Adverse Legal Authority
17. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Government service after private employment
Campaigning and Partisan Activity
Confidentiality Exception:Court order
Protecting the Client and Unearned Fees in withdrawal
18. 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
Client Under a Disability
Disputes over flat fees
Dealing with Third Persons
19. 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.
Withdrawal: Mandatory
Specialization and Fields of Practice
Former Clients
Impermissible Conduct in Litigation
20. Direct mailing is allowed - even targeted mailings.
Pay to Play Prohibited
Solicitation by Direct Mail
Withdrawal and COI
Attorney Liens
21. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Partnership with nonlawyers
Withdrawal: Mandatory
Campaigning and Partisan Activity
22. 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.
Contingent fees
Solicitation in Person
Proprietary Interests
When representation is not permitted
23. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Special Responsibilities of Prosecutors
Protecting the Client and Unearned Fees in withdrawal
Client Perjury
Duties re Property of others
24. 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
Information gained through representation
Audits and Overdrafts
Client Perjury
Associating with Other Counsel
25. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Sexual relations with a client
Withdrawal and COI
Contingent fees
Disputes over flat fees
26. 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.
Diligence
In house counsel
Client may consent to prospective client conflict
Special Rules for Government Personnel
27. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Aggregate settlements and pleas
Informed Consent
Imputed Conflicts of interest
Client may consent to prospective client conflict
28. 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
Confirmed in writing
Communication
Flat Fees
Trust Account Requirements and Interest
29. 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
Time limits of confidentiality
Should Report Lawyer and Judicial Misconduct
Financial assistance
Special Responsibilities of Prosecutors
30. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Special Rules for Government Personnel
Partnership with nonlawyers
Judge of Third Party Neutral
31. 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..
Judge of Third Party Neutral
Confidentiality Exception:Protect the Lawyer
Business transactions with a client
Gifts
32. 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
Firm Names and Designations
Potential Conflicts of Interest
Encouragement of Pro Bono
Former Clients
33. 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.
Joining a firm
Trust Account Requirements and Interest
Impermissible Conduct in Litigation
Dealing with Third Persons
34. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Protecting the Client and Unearned Fees in withdrawal
Joining a firm
Communication
Nonadjudicative Proceedings
35. 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.
Withdrawal Procedure
Confidentiality Exception:Court order
Flat Fees
Legal Knowledge and Skill
36. 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
Firm Names and Designations
Splitting fees
Accounts
Limiting Liability
37. 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.
Legal Knowledge and Skill
Allocation of Authority between Lawyer and Client
Pay to Play Prohibited
Related lawyers
38. 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.
Time limits of confidentiality
Should Report Lawyer and Judicial Misconduct
Concurrent Conflict of Interest
Use by other persons
39. 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.
Splitting fees
Who is the client
Client property other than money
Specialization and Fields of Practice
40. 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.
Judge of Third Party Neutral
Withdrawal Procedure
Disputes over flat fees
Contingent fees
41. 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
Confidentiality Exception:Court order
Duty of Subordinate Lawyers
Withdrawal and COI
Client may consent to prospective client conflict
42. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Organization as client
Confirmed in writing
Information relating to the representation
Reciprocity
43. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Purchase of a new law practice
Prospective Client Confidentiality
Implied Authority
Confidentiality Exception:Future Crime
44. 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
General Requirement for Admission to Practice
Aiding Unauthorized practice/disbarred Lawyers
Communication
45. A firm account is for funds belonging to the lawyer or law firm - and an interest-bearing trust account is for funds belonging to the client. There must be no commingling of funds.
Accounts
Communication
Organization as client
Gifts
46. If the client is a corporation - the informed consent needs to come from the entity.
Prospective Client Conflict Requirements
Withdrawal: Mandatory
Dealing with Third Persons
Who is the client
47. 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.
Judge of Third Party Neutral
Sexual relations with a client
Duties re Property of others
Accounts
48. 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
Client Perjury
Confidentiality Exception:Court order
Payment from a third person
Imputed Conflicts of interest
49. A lawyer had a duty to expedite litigation.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Audits and Overdrafts
Expediting Litigation
Potential Conflicts of Interest
50. 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
Aiding Unauthorized practice/disbarred Lawyers
Joining a firm
Effect of Lawyer's termination with a firm
Promoting Causes Related to the Administration of Justice