SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. 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.
Former Clients
Media rights
Implied Authority
Solicitation by Direct Mail
2. 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.
Taking a matter up the ladder
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Prospective Client Confidentiality
Proprietary Interests
3. 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.
Dealing with Third Persons
General Requirement for Admission to Practice
Confidentiality Exception:Court order
Time limits of confidentiality
4. 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
Sexual relations with a client
Audits and Overdrafts
Concurrent Conflict of Interest
5. 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
Financial assistance
Duty of Subordinate Lawyers
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Judge of Third Party Neutral
6. A lawyer may never use confidential information to the client's disadvantage.
Withdrawal Procedure
Withdrawal: Permissive
Accounts
Information gained through representation
7. 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.
Legal Knowledge and Skill
Taking a matter up the ladder
Reciprocity
Use by other persons
8. 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
Special Responsibilities of Prosecutors
Lawyer's Duties
Time limits of confidentiality
Supervisory and Subordinate Duties and Liability
9. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Nonadjudicative Proceedings
Organization as client
Encouragement of Pro Bono
Lawyer as Witness
10. A lawyer shall not charge or collect unreasonable fees or expenses.
Withdrawal and COI
Emergencies
Total fee reasonable
Expediting Litigation
11. 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.
Non-lawyer employees
Imputed Conflicts of interest
Total fee reasonable
Limiting Liability
12. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
False or Misleading Statements
Nonadjudicative Proceedings
Limiting Liability
When Disqualification Required
13. 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
Trial Publicity
Withdrawal: Permissive
Special Responsibilities of Prosecutors
14. 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
Concurrent Conflict of Interest
Potential Conflicts of Interest
Firm Names and Designations
Legal Knowledge and Skill
15. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Contingent fees
Organization as client
Dealing with Third Persons
Specialization and Fields of Practice
16. 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
Lawyer as Witness
Confidentiality Exception:Protect the Lawyer
Splitting fees
Time limits of confidentiality
17. 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.
Meretricious and Frivolous Claims
Withdrawal: Mandatory
Retainers
Taking a matter up the ladder
18. 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
Taking a matter up the ladder
Informed Consent
Campaigning and Partisan Activity
When Disqualification Required
19. Direct mailing is allowed - even targeted mailings.
Aiding Unauthorized practice/disbarred Lawyers
Retainers
Confidentiality Exception:Court Fiduciary
Solicitation by Direct Mail
20. A lawyer may reveal information relating to the representation to comply with a court order.
Diligence
Confidentiality Exception:Court order
Specialization and Fields of Practice
Government service after private employment
21. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Implied Authority
Joining a firm
Withdrawal and COI
Attorney Liens
22. 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.
Media rights
Impropriety and the Appearance of Impropriety
Specialization and Fields of Practice
Confidentiality Exception:Future Crime
23. 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.
Non-lawyer employees
Confidentiality Exception:Future Crime
Contingent fees
Disputes over flat fees
24. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Should Report Professional Misconduct
Associating with Other Counsel
Should Report Lawyer and Judicial Misconduct
Trust Account Requirements and Interest
25. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Confidentiality Exception:Legal Advice
Trial Publicity
Prospective Client Confidentiality
Confidentiality Exceptions: Death or substantial Bodily Injury
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.
Information relating to the representation
Confirmed in writing
Related lawyers
Allocation of Authority between Lawyer and Client
27. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Client Under a Disability
Limiting Liability
Meretricious and Frivolous Claims
Trial Publicity
28. 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
Special Rules for Government Personnel
Gifts
Meretricious and Frivolous Claims
Withdrawal: Mandatory
29. 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.
Aggregate settlements and pleas
Physical Evidence
Partnership with nonlawyers
Effect of Lawyer's termination with a firm
30. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Dealing with Third Persons
Joining a firm
Confidentiality Exception:Legal Advice
31. 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
Disputes over flat fees
Lawyer as Witness
Dealing with Third Persons
32. 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
Audits and Overdrafts
Former Clients
Specialization and Fields of Practice
Client may consent to prospective client conflict
33. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
When representation is not permitted
Accounts
Withdrawal and COI
Solicitation in Person
34. 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
Negotiating for Employment
Firm Names and Designations
Lawyer as Witness
Partnership with nonlawyers
35. 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.
Organization as client
Duties re Property of others
Solicitation by Direct Mail
Use by other persons
36. 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.
Information relating to the representation
Flat Fees
Related lawyers
Withdrawal: Mandatory
37. 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
Multijurisdictional Practice
Payment from a third person
When representation is permitted
Flat Fees
38. 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.
Partnership with nonlawyers
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Impermissible Conduct in Litigation
Related lawyers
39. 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.
Audits and Overdrafts
Negotiating for Employment
Confidentiality Exceptions: Death or substantial Bodily Injury
Informed Consent
40. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Prospective Client Confidentiality
Negotiating for Employment
Confidentiality Exception:Future Crime
Campaigning and Partisan Activity
41. 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
Government service after private employment
Candor to the Tribunal and Adverse Legal Authority
Solicitation by Direct Mail
Attorney Liens
42. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Withdrawal: Mandatory
Duties re Property of others
Partnership with nonlawyers
Implied Authority
43. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Special Rules for Government Personnel
Campaigning and Partisan Activity
Confidentiality Exception:Court order
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.
Use by other persons
Solicitation in Person
Lawyer as Witness
Impropriety and the Appearance of Impropriety
45. 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.
Payment from a third person
Impermissible Conduct in Litigation
Confidentiality Exception:Court order
Related lawyers
46. A lawyer has a duty of confidentiality and loyalty.
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
47. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Splitting fees
Sexual relations with a client
Former Clients
Solicitation in Person
48. Judge must avoid impropriety and the appearance of impropriety - no ex parte contact - no taking gifts - limited public comment about pending cases - no court experts except with notice to the parties - no use of confidential information obtained as
Impropriety and the Appearance of Impropriety
Physical Evidence
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Imputed Conflicts of interest
49. 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.
Who is the client
Aiding Unauthorized practice/disbarred Lawyers
Emergencies
When representation is not permitted
50. 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
Partnership with nonlawyers
Allocation of Authority between Lawyer and Client
Withdrawal: Permissive
Client property other than money