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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 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
Promoting Causes Related to the Administration of Justice
Confidentiality Exception:Court order
Payment from a third person
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.
Proprietary Interests
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Nonadjudicative Proceedings
Prospective Client Confidentiality
3. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Information gained through representation
Special Rules for Government Personnel
When representation is permitted
4. A lawyer had a duty to expedite litigation.
Expediting Litigation
Lawyer as Witness
Physical Evidence
Supervisory and Subordinate Duties and Liability
5. 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.
General Requirement for Admission to Practice
Withdrawal and COI
Legal Knowledge and Skill
Should Report Professional Misconduct
6. 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.
Withdrawal: Mandatory
Specialization and Fields of Practice
Aggregate settlements and pleas
Payment from a third person
7. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Effect of Lawyer's termination with a firm
Time limits of confidentiality
Disputes over flat fees
Solicitation in Person
8. If the client is a corporation - the informed consent needs to come from the entity.
Use by other persons
Who is the client
Trial Publicity
Contingent fees
9. 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
Trust Account Requirements and Interest
Lawyer as Witness
Government service after private employment
Effect of Lawyer's termination with a firm
10. 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
Purchase of a new law practice
Non-lawyer employees
Retainers
Media rights
11. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Related lawyers
Government service after private employment
Withdrawal and COI
Time limits of confidentiality
12. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Supervisory and Subordinate Duties and Liability
Splitting fees
Aggregate settlements and pleas
13. 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
Prospective Client Conflict Requirements
When Disqualification Required
Total fee reasonable
Payment from a third person
14. 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
Client Under a Disability
Total fee reasonable
Imputed Conflicts of interest
15. 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.
Splitting fees
When representation is not permitted
Implied Authority
Withdrawal Procedure
16. 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
Multijurisdictional Practice
Disputes over flat fees
Client may consent to prospective client conflict
17. 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
Organization as client
Former Clients
Time limits of confidentiality
Proprietary Interests
18. 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
Contingent fees
Dealing with Third Persons
Prospective Client Conflict Requirements
Organization as client
19. 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.
Accounts
Discrimination
Client may consent to prospective client conflict
Meretricious and Frivolous Claims
20. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Disputes over flat fees
Encouragement of Pro Bono
Withdrawal and COI
Informed Consent
21. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Special Responsibilities of Prosecutors
Time limits of confidentiality
Trial Publicity
Associating with Other Counsel
22. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Legal Advice
Legal Knowledge and Skill
Confidentiality Exception:Future Crime
Effect of Lawyer's termination with a firm
23. 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
Withdrawal: Mandatory
Withdrawal and COI
Factors of reasonableness
Firm Names and Designations
24. 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..
Associating with Other Counsel
Potential Conflicts of Interest
Reciprocity
Confidentiality Exception:Protect the Lawyer
25. 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
Potential Conflicts of Interest
Duty of Subordinate Lawyers
Financial assistance
Negotiating for Employment
26. 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
Imputed Conflicts of interest
Promoting Causes Related to the Administration of Justice
Allocation of Authority between Lawyer and Client
27. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Contingent fees
Specialization and Fields of Practice
In house counsel
Retainers
28. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
When representation is permitted
Proprietary Interests
Financial assistance
Former Clients
29. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Legal Knowledge and Skill
Reciprocity
Confidentiality Exception:Court order
Prospective Client Conflict Requirements
30. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Taking a matter up the ladder
When Disqualification Required
Limiting Liability
Who is the client
31. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Non-lawyer employees
Emergencies
Candor to the Tribunal and Adverse Legal Authority
Lawyer's Duties
32. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Purchase of a new law practice
Client Under a Disability
Encouragement of Pro Bono
33. 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
Government service after private employment
Implied Authority
Concurrent Conflict of Interest
Joining a firm
34. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Effect of Lawyer's termination with a firm
Communication
Discrimination
Factors of reasonableness
35. 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.
Who is the client
Prospective Client Conflict Requirements
Concurrent Conflict of Interest
Confidentiality Exception:Court Fiduciary
36. 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.
Effect of Lawyer's termination with a firm
Duties re Property of others
Should Report Lawyer and Judicial Misconduct
Non-lawyer employees
37. Judges should report actual knowledge of lawyer or judge misconduct
Withdrawal and COI
Flat Fees
Should Report Lawyer and Judicial Misconduct
Disputes over flat fees
38. 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
Partnership with nonlawyers
Gifts
Reciprocity
Negotiating for Employment
39. A lawyer shall not charge or collect unreasonable fees or expenses.
Legal Knowledge and Skill
Business transactions with a client
Withdrawal: Permissive
Total fee reasonable
40. 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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41. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Information gained through representation
Duties re Property of others
Supervisory and Subordinate Duties and Liability
Meretricious and Frivolous Claims
42. A lawyer has a duty of confidentiality and loyalty.
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43. 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.
Concurrent Conflict of Interest
Negotiating for Employment
Withdrawal Procedure
Gifts
44. 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).
Client Under a Disability
When representation is permitted
Should Report Lawyer and Judicial Misconduct
Special Rules for Government Personnel
45. A lawyer or law firm shall not accept a governmental legal engagement or an appointment by a judge id the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining the appointment or engagement
Pay to Play Prohibited
When Disqualification Required
Payment from a third person
Retainers
46. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Legal Advice
Client may consent to prospective client conflict
Confidentiality Exception:Court order
Concurrent Conflict of Interest
47. 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
Proprietary Interests
Judge of Third Party Neutral
Impropriety and the Appearance of Impropriety
Imputed Conflicts of interest
48. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
Nonadjudicative Proceedings
Solicitation in Person
Financial assistance
49. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Trial Publicity
Confidentiality Exceptions: Death or substantial Bodily Injury
Time limits of confidentiality
Implied Authority
50. 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.
Client Under a Disability
Impermissible Conduct in Litigation
Use by other persons
Client Perjury