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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. Judges should report actual knowledge of lawyer or judge misconduct
Limiting Liability
Physical Evidence
Splitting fees
Should Report Lawyer and Judicial Misconduct
2. 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.
Discrimination
Firm Names and Designations
Lawyer as Witness
Supervisory and Subordinate Duties and Liability
3. If the client is a corporation - the informed consent needs to come from the entity.
Who is the client
Multijurisdictional Practice
Flat Fees
Candor to the Tribunal and Adverse Legal Authority
4. 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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5. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Confidentiality Exception:Future Crime
Client may consent to prospective client conflict
Total fee reasonable
Attorney Liens
6. 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
Duties re Property of others
Business transactions with a client
Associating with Other Counsel
Special Responsibilities of Prosecutors
7. 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
Specialization and Fields of Practice
Withdrawal and COI
Pay to Play Prohibited
Gifts
8. 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
Nonadjudicative Proceedings
Information gained through representation
Withdrawal and COI
9. 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).
Trial Publicity
Withdrawal Procedure
Payment from a third person
When representation is permitted
10. 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
Attorney Liens
Former Clients
General Requirement for Admission to Practice
11. 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
Candor to the Tribunal and Adverse Legal Authority
Confirmed in writing
Multijurisdictional Practice
Partnership with nonlawyers
12. 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.
Specialization and Fields of Practice
Impermissible Conduct in Litigation
Communication
Limiting Liability
13. 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
Promoting Causes Related to the Administration of Justice
Expediting Litigation
Organization as client
14. 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.
Partnership with nonlawyers
Specialization and Fields of Practice
Media rights
Flat Fees
15. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Trial Publicity
Former Clients
Protecting the Client and Unearned Fees in withdrawal
Candor to the Tribunal and Adverse Legal Authority
16. 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
Disputes over flat fees
Information relating to the representation
Effect of Lawyer's termination with a firm
17. 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
Retainers
Accounts
Confirmed in writing
Trial Publicity
18. 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
Allocation of Authority between Lawyer and Client
Attorney Liens
Non-lawyer employees
Duty of Subordinate Lawyers
19. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Campaigning and Partisan Activity
Government service after private employment
Concurrent Conflict of Interest
When Disqualification Required
20. 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
Gifts
Trust Account Requirements and Interest
Time limits of confidentiality
Prospective Client Conflict Requirements
21. 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.
Solicitation by Direct Mail
Sexual relations with a client
Proprietary Interests
Former Clients
22. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Negotiating for Employment
Contingent fees
Audits and Overdrafts
23. 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
Concurrent Conflict of Interest
Duties re Property of others
Information gained through representation
Imputed Conflicts of interest
24. 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.
Encouragement of Pro Bono
Negotiating for Employment
Factors of reasonableness
Solicitation by Direct Mail
25. A lawyer may never use confidential information to the client's disadvantage.
Trust Account Requirements and Interest
Client Under a Disability
Information gained through representation
Diligence
26. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Confidentiality Exception:Court Fiduciary
Organization as client
Protecting the Client and Unearned Fees in withdrawal
27. 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
Trust Account Requirements and Interest
Withdrawal: Permissive
Sexual relations with a client
28. 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.
Nonadjudicative Proceedings
Disputes over flat fees
Specialization and Fields of Practice
Discrimination
29. 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
Meretricious and Frivolous Claims
Specialization and Fields of Practice
Imputed Conflicts of interest
30. 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
Who is the client
Solicitation in Person
Joining a firm
Supervisory and Subordinate Duties and Liability
31. 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
Supervisory and Subordinate Duties and Liability
Allocation of Authority between Lawyer and Client
Contingent fees
Attorney Liens
32. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Potential Conflicts of Interest
Allocation of Authority between Lawyer and Client
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Information gained through representation
33. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Effect of Lawyer's termination with a firm
Promoting Causes Related to the Administration of Justice
Total fee reasonable
Payment from a third person
34. 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.
Judge of Third Party Neutral
Informed Consent
Client property other than money
Legal Knowledge and Skill
35. 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.
Supervisory and Subordinate Duties and Liability
Related lawyers
Aggregate settlements and pleas
Client may consent to prospective client conflict
36. Direct mailing is allowed - even targeted mailings.
Pay to Play Prohibited
Aiding Unauthorized practice/disbarred Lawyers
Solicitation by Direct Mail
Confidentiality Exception:Court order
37. 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.
Factors of reasonableness
Time limits of confidentiality
Taking a matter up the ladder
General Requirement for Admission to Practice
38. 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.
Information gained through representation
Withdrawal Procedure
Sexual relations with a client
Communication
39. 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
Impropriety and the Appearance of Impropriety
Gifts
Prospective Client Conflict Requirements
Supervisory and Subordinate Duties and Liability
40. 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..
Confidentiality Exception:Protect the Lawyer
Expediting Litigation
Firm Names and Designations
Supervisory and Subordinate Duties and Liability
41. 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
Aggregate settlements and pleas
Promoting Causes Related to the Administration of Justice
Factors of reasonableness
Confidentiality Exception:Legal Advice
42. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Organization as client
Potential Conflicts of Interest
Solicitation by Direct Mail
In house counsel
43. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Trust Account Requirements and Interest
Should Report Professional Misconduct
Nonadjudicative Proceedings
Use by other persons
44. 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.
Duty of Subordinate Lawyers
When representation is not permitted
Who is the client
Physical Evidence
45. A lawyer had a duty to expedite litigation.
Confidentiality Exceptions: Death or substantial Bodily Injury
Flat Fees
Expediting Litigation
Negotiating for Employment
46. A lawyer who has formerly represented a client shall not represent another person in the same or substantially the same matter that is adverse to the former client unless given informed consent.
Media rights
Pay to Play Prohibited
Former Clients
Limiting Liability
47. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Effect of Lawyer's termination with a firm
Purchase of a new law practice
Withdrawal and COI
Impropriety and the Appearance of Impropriety
48. 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
Should Report Professional Misconduct
Discrimination
Duties re Property of others
Diligence
49. 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
Confidentiality Exception:Legal Advice
Trust Account Requirements and Interest
Prospective Client Confidentiality
Implied Authority
50. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Impropriety and the Appearance of Impropriety
Confidentiality Exceptions: Death or substantial Bodily Injury
Factors of reasonableness
Confidentiality Exception:Protect the Lawyer