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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 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
Aiding Unauthorized practice/disbarred Lawyers
Purchase of a new law practice
Concurrent Conflict of Interest
Effect of Lawyer's termination with a firm
2. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Confirmed in writing
Negotiating for Employment
When representation is permitted
Withdrawal: Mandatory
3. 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
When representation is not permitted
Media rights
Sexual relations with a client
4. 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.
Client Under a Disability
When representation is not permitted
Proprietary Interests
Trust Account Requirements and Interest
5. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Pay to Play Prohibited
Meretricious and Frivolous Claims
Encouragement of Pro Bono
Attorney Liens
6. 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).
Impermissible Conduct in Litigation
General Requirement for Admission to Practice
Imputed Conflicts of interest
Special Rules for Government Personnel
7. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Who is the client
Specialization and Fields of Practice
Duty of Subordinate Lawyers
8. 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
Time limits of confidentiality
Multijurisdictional Practice
Aggregate settlements and pleas
Legal Knowledge and Skill
9. 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.
Impermissible Conduct in Litigation
Confidentiality Exception:Court Fiduciary
Lawyer as Witness
Former Clients
10. 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
Use by other persons
Total fee reasonable
Special Responsibilities of Prosecutors
Lawyer's Duties
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
Meretricious and Frivolous Claims
Prospective Client Conflict Requirements
Supervisory and Subordinate Duties and Liability
When representation is permitted
12. A lawyer must not make an improper (likely to prejudice proceedings) extrajudicial statement to the media. Lawyer may make a statement to protect client from prejudice and may make housekeeping statements about case.
Limiting Liability
Financial assistance
Firm Names and Designations
Trial Publicity
13. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Gifts
Limiting Liability
Confidentiality Exception:Court Fiduciary
Withdrawal Procedure
14. 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.
Encouragement of Pro Bono
Gifts
Non-lawyer employees
Impropriety and the Appearance of Impropriety
15. 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
Solicitation by Direct Mail
Withdrawal: Permissive
Partnership with nonlawyers
Communication
16. 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
Candor to the Tribunal and Adverse Legal Authority
Potential Conflicts of Interest
Financial assistance
Client property other than money
17. 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.
Special Rules for Government Personnel
Purchase of a new law practice
Sexual relations with a client
When representation is permitted
18. Judges should report actual knowledge of lawyer or judge misconduct
Judge of Third Party Neutral
Candor to the Tribunal and Adverse Legal Authority
Should Report Lawyer and Judicial Misconduct
Withdrawal: Permissive
19. 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.
Specialization and Fields of Practice
Splitting fees
Non-lawyer employees
Discrimination
20. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Aiding Unauthorized practice/disbarred Lawyers
Prospective Client Conflict Requirements
Dealing with Third Persons
Confidentiality Exception:Court Fiduciary
21. 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
Prospective Client Conflict Requirements
Promoting Causes Related to the Administration of Justice
Withdrawal and COI
Withdrawal: Mandatory
22. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Protecting the Client and Unearned Fees in withdrawal
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Associating with Other Counsel
Promoting Causes Related to the Administration of Justice
23. 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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24. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Imputed Conflicts of interest
Concurrent Conflict of Interest
Use by other persons
Audits and Overdrafts
25. A lawyer may reveal information relating to the representation to comply with a court order.
Diligence
Impermissible Conduct in Litigation
Confidentiality Exception:Court order
Client may consent to prospective client conflict
26. 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
Client Perjury
Use by other persons
Impermissible Conduct in Litigation
When Disqualification Required
27. 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.
Dealing with Third Persons
Lawyer as Witness
Attorney Liens
Payment from a third person
28. 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
Former Clients
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Information gained through representation
Impropriety and the Appearance of Impropriety
29. 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
Specialization and Fields of Practice
When representation is not permitted
Withdrawal: Permissive
Should Report Professional Misconduct
30. 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
Information relating to the representation
Flat Fees
Purchase of a new law practice
31. 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
Withdrawal: Permissive
Confidentiality Exception:Court Fiduciary
Use by other persons
32. 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
In house counsel
Financial assistance
Partnership with nonlawyers
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.
Should Report Lawyer and Judicial Misconduct
Trial Publicity
Contingent fees
Trust Account Requirements and Interest
34. 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..
Candor to the Tribunal and Adverse Legal Authority
Confirmed in writing
When representation is permitted
Confidentiality Exception:Protect the Lawyer
35. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Withdrawal Procedure
Implied Authority
Prospective Client Confidentiality
Concurrent Conflict of Interest
36. 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
Business transactions with a client
Reciprocity
Accounts
Diligence
37. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Sexual relations with a client
Related lawyers
Government service after private employment
Organization as client
38. 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.
Splitting fees
Organization as client
Duties re Property of others
Judge of Third Party Neutral
39. 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
Client may consent to prospective client conflict
Government service after private employment
Trust Account Requirements and Interest
Purchase of a new law practice
40. 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.
Attorney Liens
Who is the client
Impermissible Conduct in Litigation
Business transactions with a client
41. 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
Judge of Third Party Neutral
Joining a firm
Confidentiality Exception:Future Crime
General Requirement for Admission to Practice
42. 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.
Splitting fees
Client Under a Disability
Partnership with nonlawyers
Special Rules for Government Personnel
43. 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
Accounts
Duties re Property of others
Contingent fees
44. 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
Flat Fees
Concurrent Conflict of Interest
Prospective Client Confidentiality
45. 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.
Client Perjury
Informed Consent
Concurrent Conflict of Interest
Client property other than money
46. 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
Splitting fees
Candor to the Tribunal and Adverse Legal Authority
Withdrawal: Mandatory
False or Misleading Statements
47. 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
Client may consent to prospective client conflict
Emergencies
Judge of Third Party Neutral
Should Report Lawyer and Judicial Misconduct
48. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
False or Misleading Statements
Special Rules for Government Personnel
Confidentiality Exception:Future Crime
Contingent fees
49. If the client is a corporation - the informed consent needs to come from the entity.
Discrimination
Confidentiality Exception:Court Fiduciary
Aggregate settlements and pleas
Who is the client
50. A lawyer may never use confidential information to the client's disadvantage.
Nonadjudicative Proceedings
Information gained through representation
Limiting Liability
Retainers