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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 has a duty of confidentiality and loyalty.
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2. 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
Payment from a third person
Potential Conflicts of Interest
Physical Evidence
Confidentiality Exceptions: Death or substantial Bodily Injury
3. 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
Special Responsibilities of Prosecutors
Factors of reasonableness
Trust Account Requirements and Interest
Multijurisdictional Practice
4. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Informed Consent
Confidentiality Exception:Future Crime
Purchase of a new law practice
Gifts
5. 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
Communication
General Requirement for Admission to Practice
Concurrent Conflict of Interest
Confidentiality Exceptions: Death or substantial Bodily Injury
6. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Pay to Play Prohibited
Multijurisdictional Practice
Total fee reasonable
In house counsel
7. 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.
Withdrawal and COI
Prospective Client Confidentiality
General Requirement for Admission to Practice
Sexual relations with a client
8. 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
Withdrawal Procedure
Retainers
Confirmed in writing
When Disqualification Required
9. 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
Reciprocity
Physical Evidence
Purchase of a new law practice
Accounts
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
Multijurisdictional Practice
When representation is permitted
Effect of Lawyer's termination with a firm
Non-lawyer employees
11. 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
Trust Account Requirements and Interest
Prospective Client Conflict Requirements
Lawyer as Witness
Non-lawyer employees
12. 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
Special Responsibilities of Prosecutors
Withdrawal: Permissive
Candor to the Tribunal and Adverse Legal Authority
Judge of Third Party Neutral
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
Aiding Unauthorized practice/disbarred Lawyers
Should Report Professional Misconduct
Confidentiality Exception:Future Crime
Splitting fees
14. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Expediting Litigation
Withdrawal: Permissive
Implied Authority
Who is the client
15. 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
Use by other persons
Splitting fees
Non-lawyer employees
Aggregate settlements and pleas
16. 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).
Dealing with Third Persons
Should Report Professional Misconduct
Negotiating for Employment
Special Rules for Government Personnel
17. 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.
When Disqualification Required
Client property other than money
Firm Names and Designations
Supervisory and Subordinate Duties and Liability
18. 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.
Multijurisdictional Practice
Diligence
General Requirement for Admission to Practice
Allocation of Authority between Lawyer and Client
19. 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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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.
Disputes over flat fees
Emergencies
Client Under a Disability
Duties re Property of others
21. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Nonadjudicative Proceedings
Lawyer's Duties
Informed Consent
Diligence
22. 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
Withdrawal and COI
Media rights
Trust Account Requirements and Interest
Client may consent to prospective client conflict
23. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Should Report Lawyer and Judicial Misconduct
Joining a firm
Proprietary Interests
Reciprocity
24. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Disputes over flat fees
Discrimination
Specialization and Fields of Practice
Duties re Property of others
25. 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.
Media rights
Firm Names and Designations
Multijurisdictional Practice
Pay to Play Prohibited
26. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Imputed Conflicts of interest
Confirmed in writing
Prospective Client Conflict Requirements
Non-lawyer employees
27. 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.
Diligence
Former Clients
Client Perjury
Impermissible Conduct in Litigation
28. A lawyer had a duty to expedite litigation.
Confirmed in writing
Trust Account Requirements and Interest
Expediting Litigation
Reciprocity
29. A lawyer cannot commit a discriminatory act prohibited by law where the act is committed in connection with the lawyer's professional activities. If the discrimination is prohibited anywhere in WA - lawyer has a duty to not discriminate.
Discrimination
Client property other than money
Who is the client
Trust Account Requirements and Interest
30. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Encouragement of Pro Bono
Nonadjudicative Proceedings
Disputes over flat fees
31. 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
Negotiating for Employment
Reciprocity
Campaigning and Partisan Activity
Expediting Litigation
32. 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.
Negotiating for Employment
Solicitation in Person
Joining a firm
In house counsel
33. A lawyer shall not charge or collect unreasonable fees or expenses.
Non-lawyer employees
Should Report Lawyer and Judicial Misconduct
Information gained through representation
Total fee reasonable
34. 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
Multijurisdictional Practice
Withdrawal: Mandatory
Nonadjudicative Proceedings
Client Perjury
35. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Concurrent Conflict of Interest
Proprietary Interests
Financial assistance
Associating with Other Counsel
36. 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
Attorney Liens
Confidentiality Exceptions: Death or substantial Bodily Injury
Solicitation by Direct Mail
Flat Fees
37. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Emergencies
Impermissible Conduct in Litigation
Confidentiality Exceptions: Death or substantial Bodily Injury
Prospective Client Confidentiality
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.
Dealing with Third Persons
Purchase of a new law practice
Confidentiality Exception:Court Fiduciary
Impropriety and the Appearance of Impropriety
39. 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..
Imputed Conflicts of interest
Confidentiality Exception:Protect the Lawyer
Impermissible Conduct in Litigation
Negotiating for Employment
40. 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
Solicitation by Direct Mail
Information gained through representation
Business transactions with a client
Sexual relations with a client
41. 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.
When representation is permitted
Legal Knowledge and Skill
Multijurisdictional Practice
Splitting fees
42. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Trial Publicity
Splitting fees
Lawyer's Duties
43. 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.
Candor to the Tribunal and Adverse Legal Authority
Diligence
Specialization and Fields of Practice
Government service after private employment
44. 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.
Impropriety and the Appearance of Impropriety
Partnership with nonlawyers
Lawyer as Witness
Firm Names and Designations
45. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Aiding Unauthorized practice/disbarred Lawyers
Concurrent Conflict of Interest
Disputes over flat fees
Supervisory and Subordinate Duties and Liability
46. 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
Expediting Litigation
Client Perjury
Related lawyers
47. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Information relating to the representation
Impropriety and the Appearance of Impropriety
Use by other persons
Aiding Unauthorized practice/disbarred Lawyers
48. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Trial Publicity
Disputes over flat fees
Judge of Third Party Neutral
Dealing with Third Persons
49. 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
Disputes over flat fees
Partnership with nonlawyers
When representation is not permitted
Retainers
50. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Imputed Conflicts of interest
False or Misleading Statements
When Disqualification Required
Limiting Liability