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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 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
False or Misleading Statements
Accounts
Effect of Lawyer's termination with a firm
2. Direct mailing is allowed - even targeted mailings.
Legal Knowledge and Skill
Reciprocity
Solicitation by Direct Mail
Lawyer as Witness
3. 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.
Use by other persons
When representation is permitted
Aggregate settlements and pleas
Non-lawyer employees
4. 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
Special Rules for Government Personnel
Judge of Third Party Neutral
Audits and Overdrafts
Disputes over flat fees
5. 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.
Physical Evidence
Organization as client
Media rights
Candor to the Tribunal and Adverse Legal Authority
6. 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
Special Responsibilities of Prosecutors
Special Rules for Government Personnel
Should Report Professional Misconduct
Trust Account Requirements and Interest
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.
Payment from a third person
General Requirement for Admission to Practice
In house counsel
Proprietary Interests
8. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Aiding Unauthorized practice/disbarred Lawyers
Impermissible Conduct in Litigation
Discrimination
9. 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
Splitting fees
Promoting Causes Related to the Administration of Justice
Retainers
Allocation of Authority between Lawyer and Client
10. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Who is the client
Physical Evidence
Client may consent to prospective client conflict
Confirmed in writing
11. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Limiting Liability
Confidentiality Exception:Future Crime
Dealing with Third Persons
Discrimination
12. 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.
Associating with Other Counsel
Withdrawal and COI
Campaigning and Partisan Activity
Physical Evidence
13. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Imputed Conflicts of interest
Protecting the Client and Unearned Fees in withdrawal
Aiding Unauthorized practice/disbarred Lawyers
14. 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
Physical Evidence
Emergencies
Information gained through representation
Pay to Play Prohibited
15. 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
Related lawyers
Prospective Client Conflict Requirements
Concurrent Conflict of Interest
In house counsel
16. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Communication
Flat Fees
Should Report Professional Misconduct
Duties re Property of others
17. 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
Splitting fees
Withdrawal: Permissive
Factors of reasonableness
Effect of Lawyer's termination with a firm
18. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Contingent fees
Flat Fees
Client property other than money
19. 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
Solicitation in Person
Aggregate settlements and pleas
Associating with Other Counsel
20. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Disputes over flat fees
Payment from a third person
Withdrawal: Permissive
Special Responsibilities of Prosecutors
21. 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.
Protecting the Client and Unearned Fees in withdrawal
Discrimination
Confidentiality Exception:Future Crime
Imputed Conflicts of interest
22. 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
Information relating to the representation
Duties re Property of others
Duty of Subordinate Lawyers
Pay to Play Prohibited
23. 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.
Pay to Play Prohibited
Imputed Conflicts of interest
Duty of Subordinate Lawyers
Impermissible Conduct in Litigation
24. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Nonadjudicative Proceedings
Imputed Conflicts of interest
Withdrawal: Permissive
False or Misleading Statements
25. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Aggregate settlements and pleas
Informed Consent
Prospective Client Confidentiality
Judge of Third Party Neutral
26. A lawyer had a duty to expedite litigation.
Expediting Litigation
Business transactions with a client
Flat Fees
Solicitation by Direct Mail
27. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Promoting Causes Related to the Administration of Justice
Splitting fees
Client Under a Disability
Media rights
28. A lawyer shall not charge or collect unreasonable fees or expenses.
Expediting Litigation
Total fee reasonable
Client Perjury
Impropriety and the Appearance of Impropriety
29. 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
Duties re Property of others
Lawyer as Witness
Campaigning and Partisan Activity
Purchase of a new law practice
30. 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.
Informed Consent
Information gained through representation
Financial assistance
Firm Names and Designations
31. 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.
Confidentiality Exception:Court Fiduciary
False or Misleading Statements
Media rights
Payment from a third person
32. 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
Gifts
Taking a matter up the ladder
Accounts
Contingent fees
33. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Candor to the Tribunal and Adverse Legal Authority
Duty of Subordinate Lawyers
Confidentiality Exception:Legal Advice
Prospective Client Conflict Requirements
34. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Solicitation in Person
Dealing with Third Persons
False or Misleading Statements
Expediting Litigation
35. 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
Use by other persons
Should Report Lawyer and Judicial Misconduct
Duties re Property of others
Withdrawal: Permissive
36. A lawyer shall not make a false or misleading statement about the lawyer or his services so as to lead a reasonable person to form an unjustified expectation.
Prospective Client Conflict Requirements
Organization as client
False or Misleading Statements
Non-lawyer employees
37. 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..
Duties re Property of others
Withdrawal and COI
Communication
Confidentiality Exception:Protect the Lawyer
38. 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.
Should Report Lawyer and Judicial Misconduct
Pay to Play Prohibited
Related lawyers
Organization as client
39. 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
40. Judges should report actual knowledge of lawyer or judge misconduct
Information relating to the representation
Gifts
When Disqualification Required
Should Report Lawyer and Judicial Misconduct
41. 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
Media rights
Who is the client
Duties re Property of others
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
42. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Payment from a third person
Associating with Other Counsel
Use by other persons
Impropriety and the Appearance of Impropriety
43. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Impermissible Conduct in Litigation
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Client Under a Disability
44. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Impropriety and the Appearance of Impropriety
Should Report Professional Misconduct
Allocation of Authority between Lawyer and Client
Communication
45. 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
Partnership with nonlawyers
Flat Fees
Client may consent to prospective client conflict
46. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Duties re Property of others
Meretricious and Frivolous Claims
Special Rules for Government Personnel
Withdrawal and COI
47. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
General Requirement for Admission to Practice
Imputed Conflicts of interest
Client Under a Disability
Former Clients
48. 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
When Disqualification Required
Disputes over flat fees
Organization as client
Withdrawal: Mandatory
49. 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.
False or Misleading Statements
Confirmed in writing
Purchase of a new law practice
Lawyer as Witness
50. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Information gained through representation
Joining a firm
Implied Authority
Gifts