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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 not advance money to the client - except for litigation costs which cannot be contingent.
Who is the client
Should Report Lawyer and Judicial Misconduct
Should Report Professional Misconduct
Financial assistance
2. 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
Protecting the Client and Unearned Fees in withdrawal
Splitting fees
Business transactions with a client
Concurrent Conflict of Interest
3. 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:Preventing - Mitigating - and rectifying crime or fraud
Withdrawal and COI
Retainers
Confidentiality Exception:Court Fiduciary
4. 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.
Concurrent Conflict of Interest
Expediting Litigation
Client Under a Disability
Client property other than money
5. 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.
Confidentiality Exceptions: Death or substantial Bodily Injury
Lawyer as Witness
Organization as client
Payment from a third person
6. 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.
Factors of reasonableness
Confidentiality Exceptions: Death or substantial Bodily Injury
Non-lawyer employees
Negotiating for Employment
7. A lawyer may reveal information relating to the representation to comply with a court order.
Should Report Professional Misconduct
Judge of Third Party Neutral
Factors of reasonableness
Confidentiality Exception:Court order
8. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Protecting the Client and Unearned Fees in withdrawal
Confidentiality Exception:Protect the Lawyer
Attorney Liens
Confidentiality Exception:Future Crime
9. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Should Report Professional Misconduct
Imputed Conflicts of interest
Duties re Property of others
Client property other than money
10. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Implied Authority
Government service after private employment
Payment from a third person
Sexual relations with a client
11. 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
Supervisory and Subordinate Duties and Liability
Discrimination
Business transactions with a client
Impropriety and the Appearance of Impropriety
12. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Court order
Client Perjury
Meretricious and Frivolous Claims
13. 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
Effect of Lawyer's termination with a firm
Audits and Overdrafts
Former Clients
14. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Solicitation in Person
Accounts
Expediting Litigation
Withdrawal: Mandatory
15. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Should Report Professional Misconduct
Joining a firm
Contingent fees
Attorney Liens
16. 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.
Allocation of Authority between Lawyer and Client
Pay to Play Prohibited
When representation is permitted
Negotiating for Employment
17. 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
When representation is permitted
Reciprocity
Partnership with nonlawyers
Information relating to the representation
18. 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
Candor to the Tribunal and Adverse Legal Authority
Associating with Other Counsel
Communication
Impermissible Conduct in Litigation
19. A lawyer shall not charge or collect unreasonable fees or expenses.
Duty of Subordinate Lawyers
Time limits of confidentiality
Total fee reasonable
Lawyer as Witness
20. Lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims unless each client gives informed written consent. Client must know how much each client is getting.
Total fee reasonable
Should Report Lawyer and Judicial Misconduct
Aggregate settlements and pleas
Client may consent to prospective client conflict
21. 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
Associating with Other Counsel
Withdrawal: Permissive
Aggregate settlements and pleas
Accounts
22. 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.
Sexual relations with a client
Effect of Lawyer's termination with a firm
Payment from a third person
Client Under a Disability
23. 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
Trial Publicity
Flat Fees
When Disqualification Required
Special Responsibilities of Prosecutors
24. 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
When representation is permitted
Factors of reasonableness
Contingent fees
Partnership with nonlawyers
25. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Concurrent Conflict of Interest
Limiting Liability
Payment from a third person
Nonadjudicative Proceedings
26. 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.
Former Clients
General Requirement for Admission to Practice
Audits and Overdrafts
Confidentiality Exception:Protect the Lawyer
27. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Former Clients
Joining a firm
Prospective Client Confidentiality
Confidentiality Exceptions: Death or substantial Bodily Injury
28. 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.
Client Under a Disability
Sexual relations with a client
Prospective Client Conflict Requirements
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
29. 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.
Communication
Payment from a third person
Information relating to the representation
Prospective Client Conflict Requirements
30. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Implied Authority
In house counsel
Disputes over flat fees
Confirmed in writing
31. 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
Former Clients
Flat Fees
Firm Names and Designations
Factors of reasonableness
32. 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.
Joining a firm
Flat Fees
Accounts
Physical Evidence
33. 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.
Potential Conflicts of Interest
Contingent fees
Informed Consent
Should Report Professional Misconduct
34. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Joining a firm
Implied Authority
Sexual relations with a client
35. If the client is a corporation - the informed consent needs to come from the entity.
Who is the client
Impropriety and the Appearance of Impropriety
Encouragement of Pro Bono
Duties re Property of others
36. 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.
Emergencies
Media rights
Client property other than money
Should Report Professional Misconduct
37. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Aiding Unauthorized practice/disbarred Lawyers
Flat Fees
Discrimination
Allocation of Authority between Lawyer and Client
38. 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
Audits and Overdrafts
Special Responsibilities of Prosecutors
Confidentiality Exception:Court order
39. 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
Lawyer as Witness
Media rights
Nonadjudicative Proceedings
Campaigning and Partisan Activity
40. 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.
Related lawyers
Meretricious and Frivolous Claims
Lawyer's Duties
Physical Evidence
41. 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.
Pay to Play Prohibited
Organization as client
Specialization and Fields of Practice
Multijurisdictional Practice
42. 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
Emergencies
General Requirement for Admission to Practice
Concurrent Conflict of Interest
Multijurisdictional Practice
43. 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
Joining a firm
When representation is permitted
Sexual relations with a client
Splitting fees
44. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Should Report Lawyer and Judicial Misconduct
Potential Conflicts of Interest
Withdrawal and COI
Communication
45. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Disputes over flat fees
General Requirement for Admission to Practice
Retainers
Splitting fees
46. 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).
Multijurisdictional Practice
Time limits of confidentiality
Special Rules for Government Personnel
Use by other persons
47. 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.
Former Clients
Impropriety and the Appearance of Impropriety
Legal Knowledge and Skill
Who is the client
48. 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
Multijurisdictional Practice
Aggregate settlements and pleas
Diligence
Gifts
49. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Confirmed in writing
Media rights
Trial Publicity
Associating with Other Counsel
50. 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..
Information relating to the representation
Confidentiality Exception:Protect the Lawyer
Aiding Unauthorized practice/disbarred Lawyers
Duty of Subordinate Lawyers