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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 shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exception:Legal Advice
Effect of Lawyer's termination with a firm
Confidentiality Exceptions: Death or substantial Bodily Injury
Joining a firm
2. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Flat Fees
Imputed Conflicts of interest
Judge of Third Party Neutral
Lawyer's Duties
3. 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
Special Responsibilities of Prosecutors
Should Report Professional Misconduct
Imputed Conflicts of interest
Solicitation by Direct Mail
4. 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
Prospective Client Confidentiality
Associating with Other Counsel
Concurrent Conflict of Interest
Impermissible Conduct in Litigation
5. 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.
Information relating to the representation
Imputed Conflicts of interest
Specialization and Fields of Practice
Confidentiality Exceptions: Death or substantial Bodily Injury
6. 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.
Discrimination
Use by other persons
Expediting Litigation
Financial assistance
7. 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.
Effect of Lawyer's termination with a firm
Discrimination
Trust Account Requirements and Interest
Organization as client
8. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Limiting Liability
Total fee reasonable
9. 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.
Candor to the Tribunal and Adverse Legal Authority
Contingent fees
Legal Knowledge and Skill
Joining a firm
10. 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
When Disqualification Required
Lawyer's Duties
Partnership with nonlawyers
Retainers
11. 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
Firm Names and Designations
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
When Disqualification Required
Solicitation by Direct Mail
12. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
When representation is not permitted
Protecting the Client and Unearned Fees in withdrawal
Non-lawyer employees
Trust Account Requirements and Interest
13. A lawyer may reveal information relating to the representation to comply with a court order.
Impropriety and the Appearance of Impropriety
Confidentiality Exception:Court order
Candor to the Tribunal and Adverse Legal Authority
Expediting Litigation
14. 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..
Impropriety and the Appearance of Impropriety
Payment from a third person
Confidentiality Exception:Protect the Lawyer
Effect of Lawyer's termination with a firm
15. 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
Expediting Litigation
Flat Fees
Supervisory and Subordinate Duties and Liability
Aggregate settlements and pleas
16. A lawyer has a duty of confidentiality and loyalty.
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17. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Joining a firm
Disputes over flat fees
Implied Authority
Prospective Client Conflict Requirements
18. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Attorney Liens
Flat Fees
Total fee reasonable
Government service after private employment
19. 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
Purchase of a new law practice
Proprietary Interests
Withdrawal Procedure
Withdrawal: Permissive
20. 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.
Physical Evidence
Client Under a Disability
Judge of Third Party Neutral
Financial assistance
21. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Lawyer's Duties
General Requirement for Admission to Practice
Emergencies
Dealing with Third Persons
22. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Prospective Client Conflict Requirements
Should Report Lawyer and Judicial Misconduct
Confirmed in writing
Communication
23. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Imputed Conflicts of interest
In house counsel
Impermissible Conduct in Litigation
Gifts
24. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Special Responsibilities of Prosecutors
Discrimination
Prospective Client Conflict Requirements
25. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Confidentiality Exception:Legal Advice
Client may consent to prospective client conflict
Accounts
Specialization and Fields of Practice
26. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Special Rules for Government Personnel
When Disqualification Required
Former Clients
Implied Authority
27. 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).
Use by other persons
Aggregate settlements and pleas
Client property other than money
Special Rules for Government Personnel
28. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Time limits of confidentiality
Splitting fees
Dealing with Third Persons
29. 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
Implied Authority
Legal Knowledge and Skill
Firm Names and Designations
Campaigning and Partisan Activity
30. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Gifts
Implied Authority
Legal Knowledge and Skill
Promoting Causes Related to the Administration of Justice
31. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Imputed Conflicts of interest
Disputes over flat fees
Emergencies
Aggregate settlements and pleas
32. 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
Retainers
Partnership with nonlawyers
Who is the client
When Disqualification Required
33. 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.
Physical Evidence
Confidentiality Exception:Court order
Communication
Retainers
34. 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
Communication
Withdrawal and COI
Former Clients
When representation is permitted
35. A lawyer cannot knowingly make or fail to correct a false statement of law or fact to the tribunal. A lawyer must reveal controlling authority - directly adverse to the position taken. A lawyer has no duty to disclose facts adverse to the other party
Discrimination
Candor to the Tribunal and Adverse Legal Authority
Joining a firm
Pay to Play Prohibited
36. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Factors of reasonableness
Former Clients
Withdrawal and COI
37. 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
Withdrawal: Permissive
Confidentiality Exception:Legal Advice
Taking a matter up the ladder
38. 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.
Payment from a third person
Confidentiality Exception:Court Fiduciary
Disputes over flat fees
Confidentiality Exception:Court order
39. 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
Non-lawyer employees
Confirmed in writing
Should Report Professional Misconduct
Time limits of confidentiality
40. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
Aiding Unauthorized practice/disbarred Lawyers
Taking a matter up the ladder
Reciprocity
41. Even if no lawyer-client relationship forms - a lawyer shall not represent a client with interests materially adverse to those of a prospective client in the same or substantially same matter if the lawyer received information from the prospective cl
Discrimination
Confidentiality Exceptions: Death or substantial Bodily Injury
Prospective Client Conflict Requirements
Joining a firm
42. 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
Confidentiality Exception:Legal Advice
Reciprocity
Trial Publicity
Client Perjury
43. 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
Physical Evidence
Confidentiality Exception:Protect the Lawyer
Specialization and Fields of Practice
44. A lawyer may never use confidential information to the client's disadvantage.
Client property other than money
Sexual relations with a client
Information gained through representation
Expediting Litigation
45. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Total fee reasonable
Withdrawal Procedure
Nonadjudicative Proceedings
Campaigning and Partisan Activity
46. 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.
Confidentiality Exception:Court order
Media rights
Firm Names and Designations
Discrimination
47. A lawyer shall not charge or collect unreasonable fees or expenses.
Time limits of confidentiality
Total fee reasonable
Potential Conflicts of Interest
Supervisory and Subordinate Duties and Liability
48. 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.
Sexual relations with a client
Firm Names and Designations
Concurrent Conflict of Interest
Flat Fees
49. 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
Potential Conflicts of Interest
Diligence
Factors of reasonableness
Pay to Play Prohibited
50. 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.
Confidentiality Exception:Protect the Lawyer
Imputed Conflicts of interest
Former Clients
Withdrawal: Mandatory