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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 admitted in another jurisdiction may provide legal advice to the lawyer's employer.
In house counsel
Expediting Litigation
Aiding Unauthorized practice/disbarred Lawyers
Promoting Causes Related to the Administration of Justice
2. 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
Client may consent to prospective client conflict
Limiting Liability
Firm Names and Designations
3. 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.
Client Under a Disability
Trust Account Requirements and Interest
Diligence
General Requirement for Admission to Practice
4. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
When representation is permitted
Protecting the Client and Unearned Fees in withdrawal
Confidentiality Exceptions: Death or substantial Bodily Injury
Confidentiality Exception:Protect the Lawyer
5. 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 representation is not permitted
When Disqualification Required
Prospective Client Conflict Requirements
Flat Fees
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.
Client Perjury
Confidentiality Exceptions: Death or substantial Bodily Injury
Supervisory and Subordinate Duties and Liability
Payment from a third person
7. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Payment from a third person
Client Perjury
Prospective Client Confidentiality
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
8. 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.
Should Report Lawyer and Judicial Misconduct
Client property other than money
Confidentiality Exception:Future Crime
Confidentiality Exception:Court Fiduciary
9. 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
Expediting Litigation
Time limits of confidentiality
10. 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).
Specialization and Fields of Practice
Withdrawal Procedure
Disputes over flat fees
Confidentiality Exception:Legal Advice
11. 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.
Client Perjury
Implied Authority
Related lawyers
Confidentiality Exception:Future Crime
12. 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
Client may consent to prospective client conflict
Nonadjudicative Proceedings
Client Perjury
Flat Fees
13. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Former Clients
Withdrawal and COI
Communication
When representation is permitted
14. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Former Clients
Retainers
Client property other than money
Aiding Unauthorized practice/disbarred Lawyers
15. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Attorney Liens
When representation is permitted
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Contingent fees
16. 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
Protecting the Client and Unearned Fees in withdrawal
Client Perjury
Impermissible Conduct in Litigation
Partnership with nonlawyers
17. 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
Confidentiality Exception:Legal Advice
Trust Account Requirements and Interest
Organization as client
18. A lawyer has a duty of confidentiality and loyalty.
19. 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
Duties re Property of others
Time limits of confidentiality
Confidentiality Exception:Court order
20. 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.
Firm Names and Designations
Disputes over flat fees
Promoting Causes Related to the Administration of Justice
Meretricious and Frivolous Claims
21. 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.
Former Clients
Client property other than money
Government service after private employment
Emergencies
22. 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
Solicitation in Person
Lawyer as Witness
Withdrawal: Permissive
23. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
When representation is permitted
Purchase of a new law practice
Implied Authority
Joining a firm
24. 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
Diligence
Government service after private employment
Effect of Lawyer's termination with a firm
Candor to the Tribunal and Adverse Legal Authority
25. 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
Contingent fees
In house counsel
Retainers
Reciprocity
26. A lawyer may never use confidential information to the client's disadvantage.
Client property other than money
Flat Fees
Associating with Other Counsel
Information gained through representation
27. 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
Sexual relations with a client
Related lawyers
Taking a matter up the ladder
28. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Informed Consent
Limiting Liability
In house counsel
Client may consent to prospective client conflict
29. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Withdrawal and COI
Withdrawal: Permissive
Potential Conflicts of Interest
30. 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.
Purchase of a new law practice
Media rights
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Prospective Client Confidentiality
31. 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
Multijurisdictional Practice
Diligence
Firm Names and Designations
Taking a matter up the ladder
32. 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.
Protecting the Client and Unearned Fees in withdrawal
General Requirement for Admission to Practice
Taking a matter up the ladder
Implied Authority
33. 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
Government service after private employment
Factors of reasonableness
Client Under a Disability
Retainers
34. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Impermissible Conduct in Litigation
Nonadjudicative Proceedings
Lawyer as Witness
Payment from a third person
35. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Discrimination
Confirmed in writing
Government service after private employment
36. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Allocation of Authority between Lawyer and Client
Information relating to the representation
Attorney Liens
Purchase of a new law practice
37. 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
Physical Evidence
Information gained through representation
Confidentiality Exception:Future Crime
38. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Associating with Other Counsel
Promoting Causes Related to the Administration of Justice
Reciprocity
Imputed Conflicts of interest
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. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Physical Evidence
Allocation of Authority between Lawyer and Client
Client Perjury
Reciprocity
41. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Prospective Client Conflict Requirements
Implied Authority
Should Report Professional Misconduct
42. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Confidentiality Exceptions: Death or substantial Bodily Injury
Withdrawal: Mandatory
Confidentiality Exception:Court Fiduciary
Informed Consent
43. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Splitting fees
Withdrawal and COI
Use by other persons
Purchase of a new law practice
44. 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
Purchase of a new law practice
Trial Publicity
Taking a matter up the ladder
45. 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.
Proprietary Interests
Total fee reasonable
Client Under a Disability
Confidentiality Exception:Legal Advice
46. 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
Special Responsibilities of Prosecutors
Emergencies
Concurrent Conflict of Interest
Business transactions with a client
47. 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.
Specialization and Fields of Practice
Protecting the Client and Unearned Fees in withdrawal
Discrimination
Reciprocity
48. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Retainers
Limiting Liability
Purchase of a new law practice
Client may consent to prospective client conflict
49. 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
Promoting Causes Related to the Administration of Justice
Client property other than money
Withdrawal: Permissive
Audits and Overdrafts
50. 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
Judge of Third Party Neutral
Candor to the Tribunal and Adverse Legal Authority
Splitting fees
Prospective Client Conflict Requirements