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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 charge or collect unreasonable fees or expenses.
Impermissible Conduct in Litigation
Total fee reasonable
Associating with Other Counsel
Informed Consent
2. A lawyer shall not solicit a substantial gift from a client or prepare an instrument giving the lawyer one unless lawyer is related to the donor. WA disfavors a lawyer drafting an instrument where he is named trustee or personal representative when t
Communication
Gifts
Emergencies
Information gained through representation
3. Judges should report actual knowledge of lawyer or judge misconduct
Multijurisdictional Practice
Should Report Lawyer and Judicial Misconduct
Information relating to the representation
Legal Knowledge and Skill
4. 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.
False or Misleading Statements
Trial Publicity
Physical Evidence
Negotiating for Employment
5. 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.
When representation is not permitted
Concurrent Conflict of Interest
Withdrawal: Mandatory
Judge of Third Party Neutral
6. 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
Time limits of confidentiality
Factors of reasonableness
Lawyer as Witness
Potential Conflicts of Interest
7. 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.
Lawyer as Witness
Effect of Lawyer's termination with a firm
Contingent fees
Discrimination
8. 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.
Solicitation by Direct Mail
Related lawyers
Client property other than money
Candor to the Tribunal and Adverse Legal Authority
9. 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.
Proprietary Interests
Lawyer's Duties
Use by other persons
Physical Evidence
10. 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.
Protecting the Client and Unearned Fees in withdrawal
Impropriety and the Appearance of Impropriety
Financial assistance
Lawyer as Witness
11. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Physical Evidence
Solicitation in Person
Protecting the Client and Unearned Fees in withdrawal
Withdrawal Procedure
12. 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:Legal Advice
Audits and Overdrafts
Protecting the Client and Unearned Fees in withdrawal
13. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Government service after private employment
Confidentiality Exception:Protect the Lawyer
Gifts
Total fee reasonable
14. If the client is a corporation - the informed consent needs to come from the entity.
Who is the client
Candor to the Tribunal and Adverse Legal Authority
Should Report Lawyer and Judicial Misconduct
Client Perjury
15. 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.
Prospective Client Confidentiality
Former Clients
Limiting Liability
Nonadjudicative Proceedings
16. 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.
Expediting Litigation
Former Clients
Special Responsibilities of Prosecutors
Related lawyers
17. 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.
Client Under a Disability
Contingent fees
Informed Consent
General Requirement for Admission to Practice
18. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Trial Publicity
Flat Fees
Attorney Liens
19. 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
Related lawyers
Who is the client
Multijurisdictional Practice
Duty of Subordinate Lawyers
20. A lawyer may share information relating to the representation with: employees and firm members - disclosure is necessary for administrative purposes; and for evaluation for use by third persons.
Use by other persons
Supervisory and Subordinate Duties and Liability
Communication
Media rights
21. 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
Confidentiality Exception:Future Crime
Specialization and Fields of Practice
Discrimination
22. 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.
False or Misleading Statements
Diligence
Non-lawyer employees
Financial assistance
23. 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
Special Rules for Government Personnel
Client property other than money
Duty of Subordinate Lawyers
Aiding Unauthorized practice/disbarred Lawyers
24. 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
Trust Account Requirements and Interest
Expediting Litigation
Communication
25. 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
Information relating to the representation
Confidentiality Exception:Legal Advice
Concurrent Conflict of Interest
Confidentiality Exception:Future Crime
26. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
General Requirement for Admission to Practice
Prospective Client Confidentiality
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
27. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Withdrawal and COI
Aiding Unauthorized practice/disbarred Lawyers
When Disqualification Required
Encouragement of Pro Bono
28. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Potential Conflicts of Interest
Related lawyers
Confidentiality Exception:Protect the Lawyer
Imputed Conflicts of interest
29. A lawyer may reveal information relating to the representation to comply with a court order.
Withdrawal and COI
Former Clients
Meretricious and Frivolous Claims
Confidentiality Exception:Court order
30. A lawyer has a duty of confidentiality and loyalty.
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31. 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
Emergencies
Purchase of a new law practice
Supervisory and Subordinate Duties and Liability
Impropriety and the Appearance of Impropriety
32. 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
Pay to Play Prohibited
Factors of reasonableness
Confidentiality Exception:Protect the Lawyer
Encouragement of Pro Bono
33. 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.
Special Rules for Government Personnel
Specialization and Fields of Practice
Promoting Causes Related to the Administration of Justice
Taking a matter up the ladder
34. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Confidentiality Exception:Protect the Lawyer
Disputes over flat fees
Supervisory and Subordinate Duties and Liability
Limiting Liability
35. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Trust Account Requirements and Interest
Confidentiality Exception:Legal Advice
Total fee reasonable
Related lawyers
36. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Communication
Limiting Liability
Confidentiality Exceptions: Death or substantial Bodily Injury
Information gained through representation
37. 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
Taking a matter up the ladder
Joining a firm
Should Report Professional Misconduct
Contingent fees
38. 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.
Trial Publicity
False or Misleading Statements
Splitting fees
Client property other than money
39. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Impropriety and the Appearance of Impropriety
Promoting Causes Related to the Administration of Justice
Total fee reasonable
Former Clients
40. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Judge of Third Party Neutral
Potential Conflicts of Interest
Client Perjury
Confidentiality Exception:Future Crime
41. 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
When representation is permitted
Pay to Play Prohibited
Firm Names and Designations
Promoting Causes Related to the Administration of Justice
42. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Impermissible Conduct in Litigation
Emergencies
Allocation of Authority between Lawyer and Client
Should Report Professional Misconduct
43. 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
Financial assistance
Trust Account Requirements and Interest
Firm Names and Designations
Prospective Client Conflict Requirements
44. 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
Emergencies
Supervisory and Subordinate Duties and Liability
Information gained through representation
45. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Client may consent to prospective client conflict
Client property other than money
Retainers
Lawyer's Duties
46. 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.
Confidentiality Exception:Court Fiduciary
Disputes over flat fees
Lawyer's Duties
Meretricious and Frivolous Claims
47. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Solicitation in Person
Effect of Lawyer's termination with a firm
Withdrawal and COI
Contingent fees
48. 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
Contingent fees
Client Perjury
Withdrawal: Permissive
When representation is not permitted
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
Audits and Overdrafts
Firm Names and Designations
Former Clients
Should Report Lawyer and Judicial Misconduct
50. 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.
Related lawyers
Campaigning and Partisan Activity
Aggregate settlements and pleas
Payment from a third person
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