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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. 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.
Media rights
Confidentiality Exception:Court order
Supervisory and Subordinate Duties and Liability
Emergencies
2. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Physical Evidence
Factors of reasonableness
Associating with Other Counsel
Limiting Liability
3. 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
Prospective Client Conflict Requirements
Trust Account Requirements and Interest
Nonadjudicative Proceedings
Accounts
4. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Confidentiality Exceptions: Death or substantial Bodily Injury
Accounts
Government service after private employment
Legal Knowledge and Skill
5. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Potential Conflicts of Interest
When representation is permitted
Flat Fees
Emergencies
6. 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.
Use by other persons
Withdrawal Procedure
Business transactions with a client
Negotiating for Employment
7. Lawyer may represent a client if: (1) he reasonably believes he will be able to provide competent and diligent representation; (2) it is not prohibited by law; (3) he is not representing clients in the same litigation; and (4) each affected client gi
When representation is permitted
Information gained through representation
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Audits and Overdrafts
8. A firm account is for funds belonging to the lawyer or law firm - and an interest-bearing trust account is for funds belonging to the client. There must be no commingling of funds.
Effect of Lawyer's termination with a firm
Partnership with nonlawyers
Allocation of Authority between Lawyer and Client
Accounts
9. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Withdrawal Procedure
Associating with Other Counsel
Campaigning and Partisan Activity
Partnership with nonlawyers
10. 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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11. 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
Judge of Third Party Neutral
In house counsel
Sexual relations with a client
Proprietary Interests
12. 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.
Impermissible Conduct in Litigation
Withdrawal: Permissive
Communication
Legal Knowledge and Skill
13. 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.
Duty of Subordinate Lawyers
Withdrawal and COI
Information relating to the representation
False or Misleading Statements
14. 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
Client property other than money
Nonadjudicative Proceedings
Associating with Other Counsel
15. 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
Allocation of Authority between Lawyer and Client
Accounts
Government service after private employment
Joining a firm
16. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Accounts
Special Rules for Government Personnel
Protecting the Client and Unearned Fees in withdrawal
Implied Authority
17. A lawyer may never use confidential information to the client's disadvantage.
Accounts
Pay to Play Prohibited
Information gained through representation
Nonadjudicative Proceedings
18. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Candor to the Tribunal and Adverse Legal Authority
When Disqualification Required
Aiding Unauthorized practice/disbarred Lawyers
Flat Fees
19. 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.
Impermissible Conduct in Litigation
Retainers
Specialization and Fields of Practice
Proprietary Interests
20. 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.
Imputed Conflicts of interest
Non-lawyer employees
In house counsel
Total fee reasonable
21. 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
Associating with Other Counsel
Gifts
When Disqualification Required
22. 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
Government service after private employment
Business transactions with a client
Audits and Overdrafts
When representation is permitted
23. 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
Business transactions with a client
Audits and Overdrafts
Duties re Property of others
Multijurisdictional Practice
24. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Media rights
Communication
Dealing with Third Persons
Factors of reasonableness
25. 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
Allocation of Authority between Lawyer and Client
Retainers
Informed Consent
Potential Conflicts of Interest
26. 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
Confidentiality Exception:Protect the Lawyer
Impropriety and the Appearance of Impropriety
Negotiating for Employment
Gifts
27. A lawyer shall not charge or collect unreasonable fees or expenses.
Lawyer as Witness
Legal Knowledge and Skill
Total fee reasonable
When Disqualification Required
28. 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.
Aiding Unauthorized practice/disbarred Lawyers
Physical Evidence
Information gained through representation
Pay to Play Prohibited
29. 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
Negotiating for Employment
Flat Fees
When representation is not permitted
Confidentiality Exception:Protect the Lawyer
30. A lawyer must be candid with the tribunal and not offer evidence that he knows is false. If lawyer learns evidence is false - he shall reveal that to the tribunal unless prohibited by the RPCs. If prohibited - the lawyer shall take reasonable steps t
Trial Publicity
Associating with Other Counsel
Client Perjury
Concurrent Conflict of Interest
31. Judges should report actual knowledge of lawyer or judge misconduct
Partnership with nonlawyers
Should Report Lawyer and Judicial Misconduct
Information relating to the representation
Confirmed in writing
32. 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.
Trust Account Requirements and Interest
Encouragement of Pro Bono
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Confidentiality Exception:Court Fiduciary
33. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Client Perjury
When Disqualification Required
Promoting Causes Related to the Administration of Justice
Purchase of a new law practice
34. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Financial assistance
Confidentiality Exception:Future Crime
Use by other persons
Legal Knowledge and Skill
35. 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
Retainers
Should Report Professional Misconduct
Firm Names and Designations
Confidentiality Exception:Court order
36. 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
Impropriety and the Appearance of Impropriety
Should Report Professional Misconduct
Retainers
Effect of Lawyer's termination with a firm
37. 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.
Imputed Conflicts of interest
Special Rules for Government Personnel
Client property other than money
Splitting fees
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.
Sexual relations with a client
Impermissible Conduct in Litigation
Confidentiality Exception:Court order
Lawyer as Witness
39. When representing an organization - the lawyer represents the entity as a whole acting through its duly authorized constituents and the lawyer's loyalty is with the corporation.
Disputes over flat fees
Client Perjury
False or Misleading Statements
Organization as client
40. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Client may consent to prospective client conflict
When representation is not permitted
Confidentiality Exceptions: Death or substantial Bodily Injury
Information relating to the representation
41. 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.
Gifts
Organization as client
Candor to the Tribunal and Adverse Legal Authority
Use by other persons
42. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Imputed Conflicts of interest
Lawyer as Witness
Candor to the Tribunal and Adverse Legal Authority
Communication
43. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Pay to Play Prohibited
Joining a firm
Dealing with Third Persons
Withdrawal and COI
44. 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 Exceptions: Death or substantial Bodily Injury
Contingent fees
Informed Consent
45. 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
Impermissible Conduct in Litigation
Judge of Third Party Neutral
Duty of Subordinate Lawyers
46. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Prospective Client Confidentiality
Promoting Causes Related to the Administration of Justice
Organization as client
47. 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.
Impermissible Conduct in Litigation
Attorney Liens
Emergencies
Multijurisdictional Practice
48. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Dealing with Third Persons
Former Clients
Discrimination
Reciprocity
49. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Dealing with Third Persons
Candor to the Tribunal and Adverse Legal Authority
Confidentiality Exceptions: Death or substantial Bodily Injury
Informed Consent
50. 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 permitted
When Disqualification Required
Who is the client
Campaigning and Partisan Activity
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